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Instead of trying to be everything to everybody, we’ve made a name for ourselves by delivering what our clients need most: in-depth, hands-on legal counsel throughout the financial services sector — and beyond.

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  • New York

    • 919 Third Avenue
    • New York, NY 10022
    • United States of America
      • +1 212.756.2000 Phone
      • +1 212.593.5955 Fax
  • Washington, DC

    • 555 13th Street, NW, Suite 6W
    • Washington, DC 20004
    • United States of America
      • +1 202.729.7470 Phone
      • +1 202.730.4520 Fax
  • London

    • One Eagle Place
    • London SW1Y 6AF
    • United Kingdom
      • +44 (0) 20 7081 8000 Phone
      • +44 (0) 20 7081 8010 Fax
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Schulte Roth & Zabel special counsel Chaim Stern was featured in Tax Notes, discussing the Treasury and the IRS's proposed regulations on direct pay and transferability of renewable energy credits. In the article, "Required Summer Reading From the IRS: Transfer and Elective Payment Rules, Part 2," Chaim examines the proposed regulations, explaining to reporter Marie Sapirie several questions arising from them and pointing out where clarification is needed.

According to Chaim, it is not clear that Congress intended for the limitations of sections 38 and 469 to be applicable to purchasers of credits under section 6418. He noted that applying such limitations will have the effect of significantly reducing the population of credit purchasers, which, in turn, will increase the discount associated with credit transfers and reduce the supply of financing for renewable energy projects. Chaim also identified uncertainties regarding the application of the credit recapture rules, and suggested clarifications.

Read the article here.