After clean energy credit eligibility ruling, tax pro advises ‘staying the course’

Earlier this month, the U.S. District Court for the District of Columbia vacated Treasury guidance that had limited options for wind and solar developers looking to qualify for federal tax credits before the July deadline. Perkins Coie’s Vivek Chandrasekhar said the ruling provides an alternate pathway to qualify for the credits — for now. However, he anticipates clients will “stay the course” or pursue a dual-path strategy to qualify for the credits.

In the One Big Beautiful Bill Act, congressional Republicans accelerated the timeline for developers to claim a variety of clean energy credits, including those under IRC § 45Y and IRC § 48E. Wind and solar developers, specifically, must begin construction before July 5, 2026, to claim these two types of credits.

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