Forrest Milder

Alert / Renewable Energy Tax Credit June 10, 2026 With July 4, 2026, deadline approaching, court vacates IRS Notice 2025-42; The Five Percent Safe Harbor method remains available for Wind and Solar - for now. What’s the impact? The US District Court for the District of Columbia held that IRS Notice 2025-42, which eliminated the Five Percent Safe Harbor, was arbitrary and capricious under the Administrative Procedure Act (APA) and vacated it in full.

The One Big Beautiful Bill Act (OBBB Act) imposed detailed and complex new limitations on the ability to claim and monetize tax credits under many Code sections, particularly investment tax credits (ITCs) under Section 48E and production tax credits (PTCs) under Section 45Y (together, “renewable energy tax credits” or “RETCs”) where a “foreign entity of concern” (FEOC) is involved.

Alert / Renewable Energy Aug 28, 2025 Effective September 2, 2025, IRS Notice 2025-42 ends the 5% safe harbor for many solar and wind projects—learn what this means for renewable energy tax credits and project timelines under sections 45Y and 48E. What’s the impact?