Renewable Energy Tax Credits

  • Holland & Knight's Renewable Energy Tax Credit Team assists clients in all aspects of tax credit transactions, including structuring the transactions, organizing investment and operating entities, securing debt financing and negotiating contracts with other parties.
  • Our team has engaged in groundbreaking transactions, including the first privately syndicated photovoltaic solar facility investment funds ever created.
  • We regularly collaborate with members of our firm's Energy and Clean Technology Team to provide clients with comprehensive representation for all of their transactional needs.

Sections 45 and 48 of the Internal Revenue Code provide energy tax credits for qualifying renewable energy facilities such as wind, solar and geothermal power plants. In addition, Section 1603 of the American Recovery and Reinvestment Act provides cash grants for qualifying renewable energy facilities. Holland & Knight has developed an active and innovative renewable energy tax credit practice to help clients capitalize on these available tax credits and grants.

Our team represents equity investors as well as developers of renewable energy facilities in all aspects of tax credit transactions, including structuring the transactions; organizing investment and operating entities; securing debt financing and negotiating contracts with various power purchasers, equipment installers and utility companies. We also represent off-takers, utilities and manufacturers that may be a party to a renewable energy transaction but do not directly benefit from the energy tax credits or grant. We provided counsel to these parties to help them understand their role in such a transaction and how the grant or energy tax credits affect them.

Our team is on the leading edge of renewable energy tax credits. We organized and closed the first privately syndicated photovoltaic solar facility investment funds ever created, providing the critical tax opinions for the corporate investors. We have organized both specified facility investment funds, including the fund that owns one of the largest photovoltaic solar facilities in North America, and an open-ended fund making investments in solar facilities that were identified after the initial closing.

Our Renewable Energy Tax Credit Team collaborates closely with our Energy and Clean Technology Team to provide clients with comprehensive representation that addresses every aspect of energy-related transactions. We also work closely with our New Markets Tax Credit (NMTC) Team to develop and structure transactions that utilize both the energy tax credit and the NMTC.