November 17. 2022

Tax Credits and Tax Credit Insurance for Renewable Energy Projects: Eligibility, Insurability, and Developments Under the Inflation Reduction Act


The Inflation Reduction Act (the “IRA”) represents one of the biggest pieces of green-energy legislation in history. The Bill extends the availability of government-backed tax incentives, in the form of Investment Tax Credits (ITC), Production Tax Credits (PTC) and other tax credit incentives, such as a tax credit for carbon sequestration (45Q). As a result of the IRA, investments in renewable energy projects are expected to continue to grow.

Joseph Ehrlich, National Practice Leader for Private Equity, Family Office and M&A at Brown & Brown Specialty Risk Solutions will be joined by Jeffrey G. Davis, Partner at Mayer Brown LLP, Yash Jafari, Senior Vice President | DUAL Transaction Solutions at DUAL North America, Inc., and Yonatan Tammam, Vice President, Tax and Transactional Insurance at Brown & Brown Risk Solutions. They will:

  • Provide an overview of Internal Revenue Code (IRC) Section 48 investment tax credits (ITC) and Section 45 production tax credits (PTC) for certain energy-related investments (10 minutes)Discuss other ITC/PTC developments under the Inflation Reduction Act and other tax credit incentives introduced or expanded by the IRA (such as the 45Q Carbon Sequestration Credit) (15 minutes)
  • Identify issues relating to ITC, PTC and 45Q credit eligibility, including structural, qualification, and recapture risk (15 minutes)
  • Discuss the benefits of ITC and PTC Tax Credit Insurance, including potential impact of the IRA and where tax credit insurance may fit in, and a discussion of where we see 45Q credit insurance going (10 minutes)
  • Explore the underwriting process for the placement of ITC, PTC and 45Q Tax Credit Insurance (10 minutes)

Who Should Attend: Outside attorneys, in-house counsel, insurance professionals, tax and financial advisors, accounting professionals, investment bankers, investors, tax equity investors, lenders, solar/wind project developers and sponsors

For more information, please visit the event webpage.

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