Hilary Lefko from Norton Rose Fulbright discusses the IRS's new tax credit rules, highlighting market growth and investor confidence. Topics include transferability impacts, market dynamics, and navigating changes in tax equity deals. The podcast explores potential administration changes on tax benefits for renewables.
The IRS's new guidance on tax credit transfers maintains business as usual, emphasizing the importance of transferability in deals.
Transferability structures are gaining popularity for capturing step-up value, with tax credit insurance playing a crucial role in ensuring deals amid decreasing premiums.
Deep dives
IRS Releases Final Tax Credit Sales Regulations
The IRS recently released final regulations on tax credit sales with minimal changes from the proposed rules. The release addressed comments received by the IRS, maintaining business as usual for the market. Notable changes observed relate to transferability, which has become a crucial factor in deals, with structures adapting to deal with recapture risks in projects.
Market Trends and Shift towards Transferability
The market is seeing a shift towards transferability structures due to their flexibility and attractiveness, especially in capturing step-up value for the ITC. These structures, including hybrid tax transferability deals, have gained acceptance in both debt and equity markets. Tax credit insurance plays a vital role in ensuring transferability deals, with decreasing premiums making buyers more comfortable with associated risks.
Potential Impact of Political Changes on Renewable Industry
Amid concerns of potential changes or repeal of benefits supporting the renewables industry, discussions surrounding the IRA and possible alterations under a different political landscape arise. The mention of reconciliation as a possible avenue for modifying the IRA, particularly focusing on areas like EV incentives and tech-neutral credits, highlights the uncertainties that potential political shifts may bring to the renewable energy sector.