Last week we wrote in our blog that the House Tax Cuts and Job's Act (TCJA) appeared to override IRS guidance that wind developers relied on to show that they started construction on a wind farm in order to take advantage of the PTC. In response to industry groups, the Ways and Means Committee clarified yesterday in their report (see page 296) that the statutory "continuous construction" requirement in the TCJA is intended to codify prior IRS guidance including the safe harbors.

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