IRC

Energy Tax Alert: Congress Extends Renewable Energy Credits

Congress Reconvenes After Midterm Elections

Congress this week passed the Tax Increase Prevention Act of 2014, which extends a number of expired or expiring tax provisions through the end of 2014. The President is expected to sign the Act soon. The Act renews several energy-related tax provisions, including the production tax credit under Section 45 of the Internal Revenue Code (PTC) for certain renewable energy facilities. In the case of wind, geothermal, landfill gas, trash, marine, and hydrokinetic facilities and certain closed-loop biomass, open-loop biomass, and qualified hydropower facilities, a taxpayer will be eligible to claim the PTC if construction begins before January 1, 2015. The Act also extends Section 48(a)(5)(C), which allows a taxpayer to claim the investment tax credit in lieu of the PTC with respect to the facilities listed above if construction begins before January 1, 2015.