Tax Credits & Incentives

Overview

Parker Poe helps clients unlock the full potential of federal, state, and local credits and incentives to move projects forward, maximize return on investment, and support broader economic development goals.

We are one of the premier law firms in the Southeast advising on the implementation and utilization of federal and state income tax credits. Our clients include institutional tax equity investors, lenders, developers (including real estate developers and renewable energy project developers), and tax credit syndicators.

A core part of our practice is representing clients in transactions involving federal business credits, including new markets tax credits, historic rehabilitation credits, and investment tax credits. We have extensive recent experience with transactions involving direct transfers of investment tax credits. We often work with our clients to implement optimal investment structures and frequently render legal opinions on the tax implications of these transactions.

In addition, we have deep experience representing developers and investors with respect to Opportunity Zone incentives. Our attorneys are experienced not only with technical aspects of the Opportunity Zone rules and regulations, but also with the creation of investment funds that qualify for the Opportunity Zone tax incentives.

Beyond federal business tax credits, we have significant experience with state income tax credits such as state historic rehabilitation credits, abandoned textile mill rehabilitation credits, abandoned building credits, and renewable energy credits. As with federal tax credits, we frequently work with our clients to create investment structures to optimize economic returns with respect to the credits while ensuring compliance with all tax and non-tax legal requirements. We also render state law opinions addressing the tax implications of these transactions.

Additionally, we regularly advise on credits and incentives to support business expansions and relocations. This includes monitoring and tracking incentives compliance to ensure that companies adhere to all reporting requirements and receive all negotiated incentive benefits. We also identify areas where re-negotiation may be needed due to over- or under-performance.

By combining deep technical knowledge with practical deal experience, our team helps clients turn visionary projects into reality.

Representative Experience

Below is a sample of the tax credits and incentives on which our team advises.

Federal

Opportunity Zone incentives
New markets tax credits (NMTC)
Investment tax credits (solar and wind)
Production tax credits
Historic rehabilitation tax credits
Community development block grants (CDBG)
Brownfields tax incentives

State & Local

Discretionary cash grants (e.g., JDIG, OneNC, Golden LEAF Foundation, JDC, SC Governor's Closing Fund, Set-Aside and RIF Grants, Georgia EDGE and REBA Fund Grants)
Property tax abatements or payments in lieu of taxes (e.g., FILOT, PILOT, SSRC, PVE)
Withholding tax rebates
Corporate income tax credits
Sales tax rebates or exemptions
Historic rehabilitation tax credits
Textile mill credits
Abandoned building credits
Renewable energy tax credits

Other Expansion Incentives