Heather Cooper
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Heather Cooper works on federal income tax matters, with a focus on energy tax issues. She represents clients in restructurings, mergers and acquisitions, and other transactional energy related matters. Heather's national practice includes advising on all aspects of renewable energy transactions such as solar and wind projects. She provides advice on tax equity structures, refinancings, acquisitions and dispositions, restructurings and workouts. Read Heather Cooper's full bio.
IRS Provides Relief for Offshore Wind and Federal Land Projects
By Heather Cooper and Philip Tingle on Jan 7, 2021
Posted In Power Markets, Project Development and Finance, Renewables, Tax, U.S. Congress
New guidance from the Internal Revenue Service (IRS) extends the Continuity Safe Harbor to 10 years for both offshore wind projects and projects on federal land. The relatively quick release of this guidance following enactment of the offshore wind investment tax credit (ITC) last week suggests strong support for these projects by Congress, the US...
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COVID-19 Stimulus Bill Includes Key Renewable Energy Tax Credits
By Heather Cooper and Philip Tingle on Dec 28, 2020
Posted In Power Markets, Project Development and Finance, Renewables, Tax, U.S. Congress
The US stimulus bill passed into law yesterday includes several key extensions and additions to the tax credits available for renewable energy. The bill had been agreed to by Congress early last week and was signed into law by the president last night. Access the full article here.
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Five Takeaways: Utility Acquisition of Renewable Projects – A Discussion of the Legal and Tax Issues Regarding Utilities, Developers and Tax Equity
By Heather Cooper, Carl J. Fleming, Christopher Gladbach, Debra A. Harrison, Joel A. Hugenberger, Philip Tingle and Edward Zaelke on Dec 4, 2020
Posted In Power Markets, Project Development and Finance, Renewables, Tax
Increasingly, utilities are replacing older generation fleets with more cost-effective generation technologies. Renewables are cost-competitive alternatives in this effort for a number of reasons, including the current tax incentives. A utility’s acquisition of a renewable asset presents many issues not otherwise present in a non-utility acquisition, particularly if the utility intends to include its investment...
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Six Takeaways: Utilization and Structuring for Section 45Q Carbon Capture Credits
By Philip Tingle, Heather Cooper, Jacob Hollinger and Brian Moore on Jun 12, 2020
Posted In Environmental, Natural Gas, Project Development and Finance, Renewables, Tax
On Thursday, June 11, McDermott partners Phil Tingle, Heather Cooper and Jacob Hollinger were joined by Ken Ditzel, managing director at FTI Consulting, to discuss their insights into the proposed Section 45Q carbon capture and sequestration credit regulations. The Treasury Department and IRS recently published proposed regulations implementing the Section 45Q carbon capture and sequestration...
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IRS Extends Deadline for ITC and PTC Projects
By Heather Cooper and Philip Tingle on May 28, 2020
Posted In Renewables, Tax
The IRS yesterday released anticipated guidance extending the placed-in-service deadline for the Investment Tax Credit (ITC) and Production Tax Credit (PTC). Under Notice 2020-41, the “Continuity Safe Harbor” was extended to five years for any project that otherwise began construction in 2016 or 2017. As background, the applicable credit rate for the ITC and PTC turns...
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Five Takeaways: Navigating President Trump’s Executive Order on US Bulk Power System Electric Equipment
By Neil Levy, Joel A. Hugenberger, Heather Cooper, Carl J. Fleming and Seth B. Doughty on May 22, 2020
Posted In Power Markets, Project Development and Finance, Renewables, Tax
President Trump’s May 1, 2020 Executive Order prohibiting certain transactions involving bulk-power system electric equipment developed, manufactured or supplied by a foreign adversary could have far-reaching implications for both the renewable and conventional power industries. It has also raised a high level of uncertainty and risk while the industry awaits the actual implementation of the...
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IRS Releases Initial Section 45Q Carbon Sequestration Credit Guidance
By Brian Moore, Heather Cooper, Martha Groves Pugh and Philip Tingle on Feb 21, 2020
Posted In Environmental, Natural Gas, Project Development and Finance, Renewables, Tax
Treasury and the IRS released initial guidance on the amended Section 45Q carbon oxide sequestration credit on February 19, 2020. Notice 2020-12 and Revenue Procedure 2020-12 provide guidance relating to the beginning of construction and tax equity partnership allocations. This is the first Section 45Q guidance since Treasury issued a request for comments in Notice...
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Senate Passes Tax Extenders Deal That Includes Extension of Renewable Energy Incentives
By Martha Groves Pugh, Heather Cooper and Philip Tingle on Dec 19, 2019
Posted In Project Development and Finance, Renewables, Tax, U.S. Congress
The US Senate today passed a package of tax extenders as part of the year-end appropriations act that the US House of Representatives passed on December 17, 2019. President Trump is expected to sign the legislation before the end of the day tomorrow to avoid a government shutdown. The package includes a one-year extension of...
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House Passes PTC, NMTC Extension Bill
By Heather Cooper and Philip Tingle on Dec 18, 2019
Posted In Project Development and Finance, Renewables, Tax
On December 17, 2019, the US House of Representatives passed a year-end fiscal year 2020 spending bill for the federal government that includes a one-year extension of the production tax credit under Section 45 (PTC) for wind and other technologies. The bill would extend the wind PTC for facilities the construction of which begins during...
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Court Rules That Wind Farm Did Not Provide Proof of Development Fee to Receive 1603 Cash Grant
By Martha Groves Pugh, Kevin Spencer, Heather Cooper and Philip Tingle on Jun 28, 2019
Posted In Environmental, Project Development and Finance, Tax
On June 20, 2019, the United States Court of Federal Claims published its long-awaited opinion in California Ridge Wind Energy, LLC v. United States, No. 14-250 C. The opinion addressed how taxpayers engaging in related party transactions may appropriately determine the cost basis with respect to a wind energy project under the Internal Revenue Code (IRC). Central...
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