N-2014-39: Section 1603 Sequestration and Its Effect on the Investment Tax Credit and the Production Tax Credit

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IRS GuideWire June 10, 2014

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Issue Number:    N-2014-39

Inside This Issue


Notice 2014-39 answers two questions for recipients of Section 1603 Awards.  First, this notice provides that the Section 1603 Payment resulting from sequestration during the affected time period does not affect the amount of the Section 1603 Award or the basis of the specified energy property taken into account for purposes of determining the Section 1603 Award.  Consequently, taxpayers may not partition the basis of property for which they receive a Section 1603 Award and claim a tax credit under section 45 or 48 of the Code on any part of the basis of the same property.  Second, this notice provides that under section 48(d)(3)(B), taxpayers must reduce the basis of the specified energy property by 50 percent of the amount of the actual Section 1603 Payment.
 
Notice 2014-39 will be published in Internal Revenue Bulletin 2014-26 on June 23, 2014.

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