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July 16, 2026

Proof, Not Just Timing, Will Decide Clean Energy Credits

Law360

Nelson Mullins partner Peter Lowy authored an article for Law360 examining what renewable energy developers and investors should do after successfully meeting the July 4, 2026, begin-construction deadline established under the One Big Beautiful Bill Act.

While meeting the deadline may preserve eligibility for valuable federal clean energy tax credits, Lowy explains that it is only the first step. Project owners must now focus on documenting qualification, maintaining continuity of construction, substantiating project basis, complying with bonus credit and prohibited foreign entity requirements, and building a comprehensive, audit-ready record capable of withstanding IRS scrutiny.

"A timely start may preserve the path to valuable federal clean energy credits, but it does not complete the journey."

Lowy explains that the ultimate value of these incentives will depend on the strength of a project's documentation, ongoing compliance, and careful execution throughout development.

Subscribers may read the full article here.