The IRS issues anticipated guidance providing relief to developers facing delays related to COVID-19. In the recent alert, “IRS Extends Continuity Safe Harbor for Renewable Energy Projects,” colleague Jorge Medina, discusses how the guidance also provides some clarity on the impact of supply chain disruptions on equipment orders placed later in…
REITs have several options to defer required dividend distributions through the current year and even significantly into next year (although at a potential cost), and the use of combined cash and stock distributions may greatly reduce a REIT’s cash outlay for dividend distributions. In “COVID-19 Impacts on REITs and Mitigation…
The Act represents the third legislative attempt to address the economic effects of the COVID-19 pandemic. In “CARES Act Provides Tax Deferral and Refund Opportunities,” colleagues Brian M. Blum and Harsha Reddy address that many of these provisions provide taxpayers with liquidity benefits by providing cash payments, pushing back tax payment…
In a letter ruling published March 16, 2020, the Tennessee Department of Revenue concluded that a contractor’s purchase of materials and equipment for use in the construction and installation of a new steam production facility at a federally owned manufacturing plant was exempt from Tennessee sales and use tax. Tenn.…
On March 6, 2019, the South Carolina Administrative Law Court entered an order in Colonial Pipeline Co. v. South Carolina Department of Revenue, No. 18-ALJ-17-0443-CC, in which it held that a pipeline company’s assets may qualify for a property tax exemption for pollution control equipment of industrial plants under S.C.…
The federal government has long encouraged the development and use of alternative fuels by enacting legislation that promises tax credits for such use. However, special care must be taken to ensure that all of the requirements of the law are observed. This has been made clear by recent rulings of…
Even as tax incentives provided by the opportunity zone program in 2017’s Tax Cuts and Jobs Act offer the possibility of significant tax benefits when investing gains in Qualified Opportunity Funds (QOFs), such funds must comply with a wide variety of significant federal and state securities laws and regulations. In…
On April 17, 2019, the IRS issued its much anticipated second tranche of guidance (the “2019 Proposed Regulations”) on the qualified opportunity zone (QOZ) program established by the 2017 Tax Cuts and Jobs Act. The 2019 Proposed Regulations discuss a number of issues that were left unaddressed by the initial…
In an important ruling for Texas businesses, the Texas Supreme Court has unanimously ruled that the TCEQ misapplied the Texas property tax’s exemption for specified pollution control equipment. Since 1993, the Texas Constitution has included a provision which authorizes the Texas Legislature to exempt from ad valorem taxation “all or…
On August 14, two U.S. Court of Appeals released decisions regarding the interplay between environmental law and the federal tax code. In the case of Green Gas Delaware Statutory Trust, et al. v. Commissioner of IRS. The Court of Appeals for the District of Columbia Circuit affirmed the ruling of the Tax…