Brown & Brown: FEOC Rules Raise Tax Credit Risks for Renewable Energy Projects

• Foreign Entity of Concern restrictions threaten renewable energy tax credit eligibility, creating transaction risks that could affect billions of dollars in projects.
• Disqualifying foreign ownership, financing or supply-chain connections could trigger credit reductions, disallowance or repayment, undermining project economics.
• Regulatory uncertainty complicates capital commitments as developers, investors and tax credit buyers make decisions before Treasury and IRS guidance is complete.
• Tax insurance may cover losses from IRS challenges to well-supported FEOC positions, subject to policy terms and robust third-party analysis.
• Early diligence on ownership, financing and supply chains is critical to assessing exposure and securing coverage before committing capital.

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