Strategic energy tax credit counseling and seamless credit transfers.
Husch Blackwell’s renewable energy tax credit practice is one of the nation’s most active. Representing buyers looking to offset tax liability as well as developers and project owners seeking to generate, maximize, and monetize credits, our team delivers practical, business-minded counsel at every step.
Our clients include major multinational corporations purchasing credits to manage their tax positions in addition to renewable energy project owners looking to transfer credits generated by their projects. We work across all renewable energy and low-carbon technologies, including wind, solar, battery storage, hydrogen, carbon capture and use, biogas, ethanol, and geothermal.
Our experience includes guiding clients through the generation and transfer of all major renewable energy and low-carbon tax credits, including investment tax credits (ITCs) under Sections 48 and 48E, production tax credits (PTCs) under Sections 45 and 45Y, carbon capture and sequestration credits under Section 45Q, advanced manufacturing production tax credits under Section 45X, and clean fuel credits under Section 45Z.
Our work begins with thorough due diligence, analyzing ways to maximize value and mitigate transaction risks. As opportunities are identified, we structure, negotiate, and draft the material necessary to effectuate smooth and secure transactions—including substantiation opinions, tax credit insurance policies, guarantees, forbearance agreements, direct transfer agreements, transfer election statements, and ancillary contracts. We also advise developers in qualifying for and substantiating credit adders to maximize value.
Since tax credit transfers became widely available in 2023 under Section 6418 of the Inflation Reduction Act, our team has closed more than $450 million in tax credit transfers, making us one of the most productive firms in this area. In addition, we support investors and sponsors in hybrid tax equity/tax credit transactions.
This is not a side project for us. For our core group of energy tax credit attorneys, tax credit transfer deals are a central focus of their work. Each member of our team brings a clear understanding of the unique issues facing renewable energy and low-carbon projects.
Clients also benefit from our forward-looking orientation. Widely recognized as thought leaders on energy tax credit transfers, we publish frequently on the latest trends and regulatory changes. Our resource library and ongoing updates ensure our clients stay informed.
For participants on both sides of tax credit transfers, as well as developers and investors seeking to maximize credit value or negotiate hybrid tax equity/tax credit transactions, we offer clear guidance, efficient execution, and a track record of successful, cost-effective deals.