Partner Jenny Speck will speak on BARBRI’s live video CLE program, “Tax Credit Insurance for Energy Projects: PFE Exclusions, Recapture, Diligence, and Claims,” on Thursday, November 19, at 12:00 p.m. CT.
Tax credit insurance has become a key tool for transactions involving transferable clean energy tax credits, but coverage varies widely, and exclusions, limits, and claim provisions can leave buyers and sponsors with significant exposure. New complexity, including the Section 50(a)(4) 10-year recapture rule for specified foreign entities, adds uncertainty for transferred credits, while insurers increasingly expect robust documentation of eligible basis and PFE compliance, as the 2026 Alta Wind decision illustrates. This program will explore coverage and exclusions, allocating uninsured risk between parties, and how to conduct and document effective due diligence.