Anne Loomis, counsel in the firm’s tax practice, was quoted in the Law360 article, “3 Lingering Concerns About the Carbon Capture Tax Credit.”

That’s a nontrivial burden to be borne by companies seeking to claim the tax credit, Anne Loomis, counsel at Troutman Pepper, told Law360. And because those entities would be unable to claim the credit until their life cycle analyses have been approved by the IRS, enthusiasm for the credit could be dampened in the tax equity market due to the uncertainty, she said. 

The muddiness could “lock up the tax equity market because investors are not going to be eager to put their money into a project if they don’t yet know that the project’s been approved for the credit,” Loomis said. “We’re several steps away from the level of comfort that an investor generally likes before they get into a tax equity type of structure.”

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