Members of the Tax Group at Skadden have significant experience planning and structuring transactions in the energy sector. Our tax-related energy experience also involves assisting energy-focused clients with industry-specific issues, both in the transactional and planning context, and in controversies and litigation, including matters before the Internal Revenue Service (IRS).

Attorneys in our transactional tax practice have worked on developments, financings, refinancings, acquisitions and dispositions of energy projects and portfolios of all sizes in the U.S. and around the globe. With our broad-based transactions practice, we have assisted numerous clients in evaluating, structuring and implementing novel transactions in the energy sector. In recent years, a primary area of focus has been renewable energy projects, many of which have been structured to take advantage of tax credits, grants and other governmental incentives designed to spur investment in renewable energy. For example, we have assisted clients in the acquisition and financing of solar energy projects and companies, including both photovoltaic (PV) and concentrating solar power projects, as well as in the development, acquisition and financing of wind energy projects and companies. We also have significant experience with biomass, waste-to-energy, geothermal and hydropower energy projects, as well as with projects using more traditional fuel sources such as coal, natural gas, liquefied natural gas (LNG) and nuclear energy.

Many of our attorneys have extensive tax-related administrative and policy experience and have formerly held senior positions in the Department of the Treasury, IRS, Department of Justice and on congressional tax writing committees. That experience, coupled with our unparalleled tax controversy capability, enables our Tax Group to react quickly in analyzing novel transaction structures and, where necessary, seek rulings or other government guidance to facilitate their prompt implementation.

Skadden’s Tax Group routinely advises clients in connection with tax controversy matters arising with respect to energy projects and the energy industry, including tax accounting matters, in all phases of the dispute resolution process (i.e., audits, appeals, mediation, arbitration and litigation). We received top honors at the 2021 International Tax Review Americas Awards, including Americas Tax Firm of the Year — the top prize — for the fifth straight year. We have also been repeatedly named among Law360’s Tax Group of the Year since 2015 and several times among its Energy Groups of the Year, including in its 2022 rankings.

Selected energy tax law transactional representations in recent years have included: