Moye White partner Allen Bradley and associates Bobby Dishell and Christopher Scolari recently provided comments to the U.S. Department of the Treasury and the Internal Revenue Service regarding the recently enacted Section 13502 of the Inflation Reduction Act and pursuant to Notices 2022-50 and 2022-51.
Comments were submitting on Prevailing Wage, Apprenticeship, Domestic Content, and Energy Communities Requirements under the Inflation Reduction Act of 2022. Such topics are of high importance as the firm regularly represents clients in every phase of the business and real estate development life cycles, and provides representation for renewable energy producers, developers, and manufacturers.
In submitting their comments Moye White was joined by Southface Institute, a sustainable building nonprofit, and Georgia Solar Energy Industries Association (GASEIA), a statewide, nonprofit trade organization.
An excerpt from the published comments is below.
MOYE | WHITE LLP, Southface Institute, and GASEIA submit the below comments to the
Treasury Department Request for Comments regarding Elective Payments of Applicable Credits
and Transfer of Certain Credits under the IRA (Notice 2022-50):
Code § 6418(a). Transfer of Certain Credits.
We respectfully request the Treasury and IRS issue further guidance clearly establishing
whether and, if appropriate, under what circumstances, the Passive Activity Loss (“PAL”)
rules under § 469 of the Internal Revenue Code (the “Code”) apply to transferees/recipients
Energy Tax Credits under the IRA.
With regard to analysis of such request, we currently believe the relevant provisions of new Code§ 6418(a) are relatively clear that the PAL limitations do not apply to purchasers of tax credits, as follows:
“… the transferee taxpayer specified in such election (and not the eligible taxpayer) shall
be treated as the taxpayer for purposes of this title with respect to such credit (or such
portion thereof).” Emphasis added.
Please visit Regulations.gov to read the full submission.
About Moye White LLP
Moye White LLP is a business law firm serving clients throughout the United States and internationally, with offices in Colorado and Georgia. The firm provides legal representation across a wide variety of transactional and litigation matters, offering strategic, business-oriented counsel to public, private, and governmental clients in complex business and real estate transactions and disputes. As one of the earliest national law firms to achieve B Corp certification, Moye White meets rigorous standards of social and environmental performance, transparency, and accountability. For more information, please visit moyewhite.com or contact Managing Partner Ted White at 303-292-2900 or Ted.White@moyewhite.com.