Energy and cleantech companies require sophisticated tax advice to ensure their transactions are structured in a tax-efficient manner and they are obtaining the maximum federal and state tax benefits. WilmerHale has a broad and diverse tax practice, with lawyers who are recognized both nationally and internationally as leading practitioners in the field. Our tax lawyers have expertise in:

  • Federal tax credits and ensure that each of our energy and cleantech clients avails itself of all the federal tax credits for which it is eligible;
  • Partnership taxation, which is essential to structure project development companies and provide the desired party with the economic benefits of the tax credits;
  • Legislative and regulatory matters and keep our clients apprised of tax legislation relevant to energy and cleantech companies;
  • Finance and have experience with the complex loan and equity financing for energy and cleantech facilities;
  • State and local tax and assist energy and cleantech clients with obtaining state and local tax incentives; and
  • Mergers and acquisitions and develop tax-efficient structures to help our energy and cleantech clients achieve their business objectives.

Experience

In recent transactions, our tax lawyers:

  • Provided advice regarding federal tax incentives and credits, including the Section 1603 grant, the investment tax credit, and accelerated and bonus depreciation, to a developer forming a joint venture with an established energy company to develop solar power plants, as well as advice regarding the most tax-efficient manner in which to structure the joint venture;
  • Represented a developer in connection with a tax-advantaged, sale-leaseback financing facility to be provided by Key Equipment Finance in the amount of up to $75 million to finance solar photovoltaic projects;
  • Served as legislative counsel to a manufacturer of high capacity, low energy loss electricity transmission lines seeking federal tax benefits (tax credits, accelerated depreciation and/or federal grants in lieu of credits) for manufacturing and installation of this new generation of transmission lines;
  • Advised biofuel producer on application of fuel tax credits (refundable and nonrefundable) to new type of biofuel production, including submission of pending request for IRS ruling to ensure application of the credits to the producer's process for creating biofuel;
  • Minimized state and local taxes for a large utility company by obtaining a letter ruling that qualified it for tax credits and exemptions and by negotiating for property tax incentives;
  • Worked with our corporate lawyers in implementing a tax-free "horizontal double dummy” structure for Distributed Energy Systems in its acquisition of Northern Power Systems.