Beginning of Construction Rules for PTC (and ITC in Lieu of PTC) Brian Americus Gary Hecimovich Deloitte Tax LLP

Similar documents
Beginning of Construction for PTC and ITC in Lieu of PTC

Revenue Procedure The Historic Boardwalk Safe Harbor. Brian Americus Gary Hecimovich Deloitte Tax LLP

2017 Deloitte Renewable Energy Seminar Innovating for tomorrow November 13-15, 2017

New PTC beginning of construction guidance

Partnership Flip Structuring Tax Perspectives. Tom Stevens Bill O Shea Deloitte Tax LLP

Modeling Concepts Partnership Flip and Sale-Leaseback Structures. Bill Fisher Michael Kohler Deloitte Tax LLP

2017 Deloitte Renewable Energy Seminar Innovating for tomorrow November 13-15, 2017

Modeling Concepts: Partnership Flip Structures

2016 Deloitte Alternative Energy Seminar Setting new sights. November 14-16, 2016

Hypothetical Liquidation at Book Value (HLBV) Deep Dive Case Study

2017 Deloitte Renewable Energy Seminar Innovating for tomorrow November 13-15, 2017

Understanding the Practical Implications of FATCA on Trusts

2017 Deloitte Renewable Energy Seminar Innovating for tomorrow November 13-15, 2017

M&A and Other Structured Transactions: Key Accounting and Tax Considerations

2018 Deloitte Renewable Energy Seminar Scaling new heights August 15-17, 2018

Section 457A: Not Going Away

Tax Executives Institute, Inc. / State Direct Tax

2017 Deloitte Renewable Energy Seminar Innovating for tomorrow November 13-15, 2017

Beginning of Construction for Purposes of the Renewable Electricity Production Tax Credit and Energy Investment Tax Credit

What You Need to Know About Consumer Complaints and the CFPB

China s SAT publishes new rules on beneficial owners

Global Rewards Update New Zealand Changes to the Taxation of Employee Share Schemes

WIND PRODUCTION TAX CREDITS

Preserving the Investment Tax Credit prior to year-end

Articles. Thomas Popplewell (Co-Author) April 17, ***Update effective May 13, 2013***

Mergers & Acquisitions: The Expanding Role of State Taxes. Ilene Porwancher Deloitte Tax LLP December 6, 2012

The MTC Election Following Gillette vs. Franchise Tax Board

Tax analytics The three-minute guide

Checklist for Quarterly Report on SEC Form 10-Q. April 2013

Financing Renewable Energy

The Deloitte 401(k) Plan Saving for the Future

Clarifying the Interim Stockholders Equity and Effective Date Requirements in the SEC s Final Rule on Disclosure Simplification

IASB issues exposure draft: Annual Improvements to IFRSs Cycle

Financial Reporting for Taxes Current Developments

Conflict minerals SEC compliance evaluation and the role of the IPSA. Conflict Minerals and Ethical Sourcing Workshop December 3, 2015

Blockchain Technology & Transportation

Sunshine and Aggregate Spend

Legislative Proposal: House Ways and Means Committee Discussion Draft and International Tax Planning in the Post Election Environment.

Like-Kind Exchange and Fixed Asset Conference. Fixed Asset Tax Related Opportunities including Alternative Energy Incentives October 28, 2010

Transfer Pricing: Theory & Practice

Senate approves one-year tax extenders package; president s signature expected

IRS Guidance on When Construction Begins for Purposes of Production Tax Credit and Investment Tax Credit

The National Multistate Tax Symposium West Move forward with confidence State implications of tax reform. April 30 May 2, 2018

Investment Management. ESMA issues final guidelines on AIFMD reporting Time to prepare

Protocol to New Zealand-U.S. treaty: A New Zealand perspective

Tax Cuts and Jobs Act: Mobility and Rewards House and Senate proposals side-by-side comparison November 13, 2017

Current Topics in Valuation. Market volatility, trading suspensions and liquidity

Common Reporting Standard (CRS) The road continues

Public Sector Accounting Standards update Keeping current. Asset Retirement Obligations

NEW MARKETS TAX CREDITS AND OTHER FEDERAL INCENTIVES FOR NEW PROJECTS

Analytics for insurers The three-minute guide

Navigating the Waters of the SEC An M&A Perspective

Federal tax credits and incentives that make an impact Engineering and Construction Conference

Hedging of Currency Risk arising out of Trade Transactions by Residents under Contracted Route Draft guidelines

Application of ASU to the Sale of Trade Receivables to Multi-Seller Commercial Paper Conduit Structures

Australia s tax authorities target cross-border profit-shifting arrangements

2018 Deloitte Renewable Energy Seminar Scaling new heights August 15-17, 2018

Accounting for Public Utilities

Anti-Money Laundering Update: Regulations, Enforcement Actions and Red Flags

Tangible Property Regulations

EITF Roundup: Highlights from the March Meeting

Track Changes. Ind AS 7 and Ind AS 102

Minnesota Legislative Commission on Pensions and Retirement

Tax Incentives for Renewable Energy Investments Under the American Recovery and Reinvestment Act of 2009 ( ARRA )

US tax reform: A sea change for international taxation The Dbriefs Tax Reform series

AGA Taxation Committee Meeting Accounting for Income Taxes: Recent Developments and Current Issues

France clarifies tax treatment of international employees equity compensation

Base Erosion and Profit Sharing Action Plan 11, 12, 14 & 15. Mr. S.P. Singh, Ex-IRS 7th November, 2015

2009 ANNUAL MEETING AND EDUCATION CONFERENCE American College of Investment Counsel New York, NY

Summary of Effect of Selected Provisions from HR1 on the Renewable Energy Tax Credit Industry

Lease & Finance Accountants Conference. September The Westin Charlotte Charlotte, NC

Singapore Releases Proposed New Guidelines on Transfer Pricing Documentation

Global Information Exchange FATCA Reporting Offering

Deloitte Center for Energy Solutions

EITF Roundup: Highlights from the January Meeting

HFMA Lone Star Chapter

Hedge accounting: Simplifying the accounting for hedging activities

Legal Alert: Energy Tax Changes Proposed by House Republicans Tax Reform Bill

The Global Tax Reset 2017 Audit Committee Symposium

Accounting for Financial Instruments: A Comprehensive Update on the Joint Project

RELATED PARTY TRANSACTIONS

Tax Cuts and Jobs Act: Mobility and Rewards Comparison of current US tax reform proposals December 4, 2017

FASB s targeted improvements to hedge accounting: Smoother sailing ahead? The Dbriefs Financial Reporting series

Tax Incentives Supporting the Financing of Renewable Energy Facilities

United States Tax Alert Transition tax guidance: proposed regulations released

2012 Deloitte Global Equity Plan Survey Sharing Value

Revenue Recognition: A Comprehensive Update on the Joint Project

Recent challenges of global CFOs

September 27, Spurring investment. Tax provisions in the Small Business Jobs Act

Emerging Trends in the Energy Industry. Paul Horak Partner, Audit and Enterprise Risk Services Deloitte & Touche LLP

Canadian Tax Alert. US tax reform financial reporting considerations. Contacts: Jim McDonald National Service Line Leader US Tax Tel:

Canadian indirect tax news. Quebec ITR restrictions: The beginning of the end. Contacts: Doug Myrden National Indirect Tax Leader Tel.

Private foundations Establishing a vehicle for your charitable vision

Inventory: LIFO and UNICAP Planning

Financial Reporting Considerations Related to High Court of Justice Ruling on Equalization of U.K. Pension Benefits

United Kingdom Tax Alert

The New Partnership Disguised Sale and Liability Allocation Regulations

Tax Reform ASC 740 Considerations: House Bill and Senate Finance Committee Proposal

AFFORDABLE CARE ACT (ACA) INFORMATION REPORTING AND COMPLIANCE

Anticipated Operational Impacts to the Insured Retirement Industry of the Department of Labor s Proposed Rules for the Definition of Fiduciary Advice

Transcription:

Beginning of Construction Rules for PTC (and ITC in Lieu of PTC) Brian Americus Gary Hecimovich Deloitte Tax LLP September 29, 2014

Agenda Background of PTC/ITC in Lieu of PTC Development of Begun Construction Requirement Notice 2013-29 Notice 2013-60 Notice 2014-46 Current Issues in Transactions Future of Begun Construction 2

Background of PTC/ITC in Lieu of PTC PTC under Section 45 provides a production tax credit for electricity sold to an unrelated party ITC in lieu of PTC under Section 48(a)(5) allows taxpayers to elect an ITC for certain qualified facilities under Section 45(d) 3

Development of Begun Construction American Taxpayer Relief Act of 2012 Change from Placed in Service to Begun Construction Based on ARRA Section 1603 Program 4

Notice 2013-29 Issued April 15, 2013 Physical work of a significant nature 5% safe-harbor Look-through rule for work performed under a binding written contract Aggregation rule Continuous efforts / program of continuous construction No successor in interest rule 5

Notice 2013-60 Issued September 20, 2013 24-month safe-harbor for continuous efforts and program of continuous construction (before January 1, 2016) Master contract can be replaced by project contract for 5% safe-harbor Successor in interest rule 6

Notice 2014-46 Issued August 8, 2014 Clarification of physical work test Clarification of transfers 3% safe harbor 7

Current Issues in Transactions Physical Work Transfers 3% Safe Harbor Continuous efforts/continuous construction FAQs 8

Future of Begun Construction Extenders bill passed by Senate Finance on April 3 Extends PTC for 2 years Held-up for procedural reasons Likely shelved until after the election Includes other extenders: New Markets Credit, Low Income Housing Credit, Alternative Fuels Credit Extenders bill in House Ways & Means Committee Did not address PTC extension (limited to R&D and other permanent proposals) Has not closed the door on future extenders Application to solar 9

Disclaimer This publication contains general information only and Deloitte is not, by means of this publication, rendering accounting, business, financial, investment, legal, tax, or other professional advice or services. This publication is not a substitute for such professional advice or services, nor should it be used as a basis for any decision or action that may affect your business. Before making any decision or taking any action that may affect your business, you should consult a qualified professional advisor. Deloitte shall not be responsible for any loss sustained by any person who relies on this publication. About Deloitte Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee, and its network of member firms, each of which is a legally separate and independent entity. Please see www.deloitte.com/about for a detailed description of the legal structure of Deloitte Touche Tohmatsu Limited and its member firms. Please see www.deloitte.com/us/about for a detailed description of the legal structure of Deloitte LLP and its subsidiaries. Certain services may not be available to attest clients under the rules and regulations of public accounting. Member of Deloitte Touche Tohmatsu Limited