Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 19 MARCH 2026

Treasury Department, IRS Provide Guidance On Prohibited Foreign Entity Rules

Holland & Knight
Explore more from Holland & Knight

The U.S. Department of the Treasury and IRS on February 12, 2026, released Notice 2026-15 to provide initial guidance regarding Prohibited Foreign Entity (PFE) Rules...

United StatesEnergy and Natural Resources
Holland & Knight
Holland & Knight
Author LinkedIn connections

Highlights

  • The U.S. Department of the Treasury and IRS on February 12, 2026, released Notice 2026-15 to provide initial guidance regarding Prohibited Foreign Entity (PFE) Rules, specifically how to calculate the material assistance cost ratio for a qualified facility, energy storage technology or eligible component for purposes of determining whether a taxpayer received material assistance from a PFE.
  • This Holland & Knight alert provides a summary of some key aspects of Notice 2026-15, though it is not intended as a complete guide.

The U.S. Department of the Treasury and IRS on February 12, 2026, released Notice 2026-15, which provides initial guidance regarding Prohibited Foreign Entity (PFE) Rules, specifically how to calculate the material assistance cost ratio (MACR) for a qualified facility, energy storage technology or eligible component for purposes of determining whether a taxpayer received material assistance from a PFE.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

DOE’s AFFO Announces Intent To Award Up To $60 Million For Innovative Chemical, Fuel, And Fertilizer Technologies

The U.S. Department of Energy's Alternative Fuels and Feedstocks Office plans to award up to $60 million for projects that expand domestic energy production through innovative chemicals, fertilizers, fuels, and feedstock technologies. The funding opportunity will focus on three key areas: biointermediate depots, refinery integration with alternative feedstocks, and hydrogen/natural gas blending pilot sites. Applications are expected to open in November 2026 for research, development, and scale-up projects l
United StatesEnergy and Natural Resources
Bergeson & Campbell
Bergeson & Campbell
Article

Massachusetts Issues Guidance On Data Center Development Under Executive Order 658

Massachusetts Governor Maura Healey has issued Executive Order 658, establishing comprehensive permitting and regulatory standards for data centers exceeding 25 MW of peak electricity demand. The Order mandates community benefits agreements, clean energy procurement protocols, and coordination across multiple state agencies to ensure responsible development that protects ratepayers, communities, and the environment. This action positions Massachusetts alongside other states implementing stricter oversight o
United StatesEnergy and Natural Resources
Sheppard
Sheppard
Article

Texas Gov. Abbott Directs Data Center Audit; ERCOT Pauses Interconnection Process In Response

Texas Governor Greg Abbott has directed state regulators to conduct a comprehensive audit of data center projects seeking grid access, while ERCOT has paused its Batch Zero interconnection process. This regulatory shift introduces immediate uncertainty for developers regarding timelines, financing, and project approvals, signaling that political engagement has become as critical as securing land and power in the Texas data center market.
United StatesEnergy and Natural Resources
Holland & Knight
Holland & Knight
Article

California Enacts Seven Data Center Bills, Effective January 1, 2027: New Tariff, Entitlement, And Disclosure Rules For Hyperscalers, Developers, And Power Producers

California Governor Newsom signed seven data center bills into law on September 21, 2026, establishing a comprehensive regulatory framework that takes effect January 1, 2027. These bills create new tariff regimes administered by the California Public Utilities Commission, impose extensive reporting requirements on data center operators, and establish water disclosure mandates and CEQA treatment protocols.
United StatesEnergy and Natural Resources
Foley & Lardner LLP
Foley & Lardner LLP
Article

President Trump Signs Legislation Enacting Phased Elimination Of Federal Tax Credits For New Clean Energy Projects; Directs Treasury To "Strictly Enforce" Credit Termination For Solar And Wind Facilities

The Act restores the ITC eligibility of qualified fuel cell property that begins construction after 2025. Under the IRA, qualified fuel cell property was required to have begun construction prior to 2025 in order to be eligible for the ITC.
United StatesEnergy and Natural Resources
Simpson Thacher & Bartlett LLP
Simpson Thacher & Bartlett LLP
Article

Senate Unveils Bipartisan Comprehensive Permitting Reform Bill

On September 30, 2026, Senate Environment and Public Works (EPW) Committee Chair Shelley Moore Capito (R-WV), Ranking Member Sheldon Whitehouse (D-RI), Senate Energy and Natural Resources (ENR) Committee Chair Mike Lee (R-UT), and Ranking Member Martin Heinrich (D-NM) unveiled the Bipartisan American Affordability and Jobs Act of 2026 (BAAJA; S. 5653), a comprehensive permitting reform package aimed at accelerating approvals for energy, infrastructure, transmission, mining, manufacturing, and other major projects. The legislation represents the most significant bipartisan permitting reform effort in years and follows months of negotiations between Senate Republicans and Democrats.
United StatesEnergy and Natural Resources
Akin
Akin