Akin Gump Attorneys Discuss Impact on American Indian Tribes of IRS’s Solar Tax Credit Ruling

In an article they wrote for Renewable Energy World, David Burton and Anne Levin-Nussbaum, partner and senior attorney in Akin Gump’s tax practice, respectively, discuss a ruling by the IRS that creates new opportunities for American Indian tribes to own solar projects.

The ruling in question holds that tribes can elect to “pass through” the 30 percent tax credit associated with a solar project to a third-party investor. American Indian tribes, as a result, are now the only entities not subject to federal income tax that may do so. This, Burton and Levin-Nussbaum write, gives them a “unique advantage as solar developers.”