U.S. court restores 5% safe harbor for wind and large solar

In a ruling with national implications, the US District Court for the District of Columbia found that the Internal Revenue Service (IRS) acted in an "arbitrary and capricious" manner when it dictated that wind and solar power facilities were no longer eligible to use the 5% safe harbor method to lock in the tax credit in Notice 2025-42 (the Notice). The court vacated the Notice nationwide and sent it back to the IRS. The effect of the ruling may be small, though, especially among risk-averse solar developers. David Burton, partner at Norton Rose Fulbright, told pv magazine USA, "Given the risk ...

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