Tax Equity & Structure

What Sets Us Apart

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Areas of Expertise

  • Partnership flips & equity structures – partnership flips, preferred/cash equity, and minority partnership transactions (including basis step-up qualification), plus related documentation

  • Transfer structures – straight and hybrid transfer structures, including T-Flips

  • Sale leaseback transactions

  • Lease pass-through structures (aka inverted leases)

  • Elective or direct pay guidance

  • IRA compliance – Prevailing Wage and Apprenticeship requirements

  • Domestic Content compliance

  • Energy Communities qualification

  • IRA tax credits – 45X, 45W, 48E, 30C, and other applicable credits

  • Due diligence & closing support – comprehensive due diligence, estoppels, and consents

Key Contacts

Zach Crowley

Partner

Sandra Lee

Partner

Representative Transactions

  • Counseled a tax equity investor in its $280MM investment in a portfolio of over 30 community solar projects in different states throughout the United States.

  • Lead transaction counsel for a national utility-scale developer in its $248MM sale leaseback tax equity transaction with a major investment bank.

  • Counseled a national developer in its $150MM tax equity financing of a portfolio of community solar assets that in Virginia for credits in 2023 and 2024.

  • Acted as lead transaction counsel to a national developer in its $70MM hybrid tax credit transfer structure for the sale of investment tax credits generated by a portfolio of solar projects in Maine, Maryland, Illinois and Virginia.

  • Acted as lead transactional counsel for both debt and tax equity on behalf of a developer in its $92MM financing of a portfolio of community solar assets in Illinois and New York, which included a construction loan, tax equity and permanent loan. Several projects qualified for the LMI allocated credit and the financings represented the first capital raise by the developer.

  • Counseled the development arm of a major international institution in the purchase and eventual tax equity financing of a portfolio of commercial-scale solar projects in Illinois, Maryland, Washington D.C. and California from a leading developer United States from major offtakers.

  • Advised a leading international bank in its tax equity investment of $70MM in a portfolio of three utility-scale solar projects in Texas, Colorado and Vermont, respectively, with one of the largest developers in the United States.

  • Represented a leading residential developer in a $75MM tax equity financing of a portfolio of residential solar projects throughout California across from a major investment bank.

  • Represented a tax equity investor in diligence and investment in a portfolio of C&I rooftop projects in NJ, including review of PPAs (including site licenses) and negotiation of terms to manage offtake risk.