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Wind/solar energy facilities left out in the cold under IRS guidance

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The Internal Revenue Service has issued guidance clarifying when the construction of a facility begins for purposes of the accelerated termination, enacted as part of the One Big Beautiful Bill Act (P.L. 119-21), of the clean electricity production and investment credits for wind and solar projects. 

Under the OBBBA, if the construction of a facility begins by July 4, 2026, it is not subject to the accelerated termination provisions. With a limited exception, the new guidance eliminates a previously provided safe harbor for determining the beginning of construction based on the percentage of total costs incurred. Thus, to avoid the accelerated termination provisions, a taxpayer generally will have to show that physical work of a significant nature began by July 4, 2026. 

The clean electricity production credit under Internal Revenue Code Section 45Y provides a credit based on the amount of electricity produced at a “qualified facility” and sold to an unrelated buyer, or, in some cases, sold, consumed or stored by the taxpayer. A qualified facility generally has been placed in service after 2024, is used for the generation of electricity, and has a greenhouse gas emissions rate not greater than zero. 

The clean electricity investment credit, under IRC Section 48E, is based on a percentage of a taxpayer’s “qualified investment” with respect to a “qualified facility” or “energy storage technology.” In general, a taxpayer’s qualified investment is the basis of “qualified property” that the taxpayer places in service as part of a qualified facility and includes expenditures related to certain interconnection property. As in Section 45Y, a qualified facility generally is a facility that is placed in service after 2024, used for the generation of electricity, and for which the anticipated GHG emissions rate is not greater than zero. 

OBBBA’s accelerated termination of credits for wind and solar

Before OBBBA, the clean electricity production credit was to phase out beginning with facilities where construction begins the second year after the later of (1) 2032 or (2) the year in which Treasury determined that the annual GHG emissions from the production of electricity in the United States are equal to or less than 25% of such emissions for calendar year 2022. The clean electricity investment credit had a parallel phaseout period and termination date.

OBBBA accelerated the termination of such credits for facilities that use wind or solar to produce electricity. The legislation generally provides that: (1) the clean electricity production credit is unavailable for such facilities placed in service after 2027, and (2) the clean electricity investment credit is unavailable for property (excluding energy storage property) placed in service after 2027, that is part of such a facility. The new termination provisions apply only to facilities the construction of which begins after July 4, 2026, however. 

IRS notice

On August 15, the IRS issued Notice 2025-42, providing guidance on the beginning of construction with respect to the termination of credits for wind and solar. The notice states that its purpose is “to prevent taxpayers from circumventing the statutory credit termination date, prevent artificial manipulation of eligibility for the § 45Y and § 48E credit for applicable wind and solar facilities, and ensure that a substantial portion of any applicable wind or solar facility not subject to the credit termination date is built by the beginning of construction deadline [i.e., July 4, 2026].” 

Under Notice 2025-42, the IRS will determine the beginning of construction for most wind and solar facilities based on the “Physical Work Test,” under which construction of a facility begins when “physical work of a significant nature begins.” In that regard, other than for “low output solar facilities,” the guidance eliminates a “Five Percent Safe Harbor” that had been provided in previous beginning-of-construction guidance. Under the safe harbor, the IRS considered construction to have begun if the taxpayer paid or incurred 5% or more of the total cost of a facility. For such purposes, all costs included in the depreciable basis of the facility were taken into account. 

Whether Notice 2025-42’s Physical Work Test has been met depends on the relevant facts and circumstances. The focus is on the nature of the work, not the amount or the cost, and if the physical work performed is of a significant nature, there is no fixed minimum amount or monetary or percentage threshold that must be satisfied. Under the notice, both off-site and on-site work count in establishing physical work of a significant nature, and examples of each are provided. The guidance emphasizes that physical work of a significant nature does not include preliminary activities, such as planning or designing, securing financing, exploring or researching, even if the cost of such activities is properly includible in the depreciable basis of the facility. 

Notice 2025-42’s Physical Work Test also requires the taxpayer to maintain “a continuous program of construction,” which involves continuing physical work of a significant nature and generally is determined by the relevant facts and circumstances. The notice provides, however, that certain disruptions in construction that are beyond the taxpayer’s control, such as delays due to severe weather, will not be considered failures to satisfy the continuity requirement. In addition, the notice establishes a continuity safe harbor: If a taxpayer places a facility in service by the end of the calendar year that is no more than four calendar years after the calendar year during which construction began, then the facility will be considered to satisfy the continuity requirement. 

As noted above, for a low-output solar facility (i.e., a facility that has maximum net output not greater than 1.5 megawatts), a taxpayer may establish the beginning of construction either by satisfying the Physical Work Test or by applying the Five Percent Safe Harbor established in prior guidance. Detailed rules for determining maximum net output, including an aggregation rule for facilities with integrated operations, are provided. 

Noticed 2025-42 applies to facilities the construction of which did not begin (as determined under Notice 2022-61) before Sept. 2, 2025.

With the issuance of the new guidance, taxpayers planning wind and solar projects now have a clearer picture of what they need to accomplish by July 4, 2026, to convince the IRS that they are not subject to OBBBA’s accelerated termination of the clean electricity production and investment credits. 

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Accounting

SEC’s Semiannual Reporting Proposal Faces Investor Pushback: What CFOs Need to Know

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U.S. Securities and Exchange Commission (SEC)

A proposal from the U.S. Securities and Exchange Commission to potentially shift some public companies away from quarterly financial reporting toward a semiannual model is drawing significant pushback from investors, even as it continues moving through the regulatory process. The debate has direct implications for corporate finance teams, auditors, and the broader transparency of U.S. capital markets.

What the SEC Proposed

According to a summary published by accounting advisory firm Cohen & Co., the SEC issued a proposed rule on May 19, 2026, aimed at simplifying financial reporting requirements for many U.S. public companies. The proposal would potentially reduce the frequency of certain mandatory disclosures from quarterly to semiannual, a structural change that has not been made to core U.S. reporting requirements in decades.

The proposal follows an extended debate within U.S. policy circles, with proponents arguing that reduced reporting frequency could lower compliance costs and free up management time for longer-term strategic planning rather than quarter-to-quarter results management.

Why Investors Are Pushing Back

Comment letters submitted in response to the proposal have been extensive, and according to Cohen & Co.’s review of the public record, investors “appear to be largely opposed” to the shift, viewing frequent interim reporting as a core benefit of U.S. capital markets relative to other jurisdictions.

Accounting and law firms have taken a more measured position, generally urging any changes to remain aligned with the Financial Accounting Standards Board (FASB), whose existing disclosure requirements and guidance are built around a quarterly reporting cadence. A shift to semiannual reporting without corresponding changes to FASB guidance could create friction between SEC filing requirements and GAAP-based disclosure expectations.

Lessons From the U.K. Experience

The debate is not without precedent. The United Kingdom moved away from mandatory quarterly reporting for listed companies in 2014, returning to a semiannual disclosure requirement. According to Cohen & Co.’s analysis, that experience offers a cautionary data point: there was no measurable increase in capital expenditure or R&D investment following the change, while analyst coverage of affected companies declined as reliable interim information became less available — a particular risk for smaller and newly public companies that rely on analyst coverage to maintain investor visibility.

Practical Implications for Finance Teams

Beyond the debate over disclosure philosophy, the proposal carries practical complications. Many companies have debt covenants and credit agreements structured around quarterly financial delivery; a shift to semiannual reporting could require renegotiating those terms. Reduced reporting frequency would also extend the “window of market silence” between disclosures, a factor that governance and investor-relations teams would need to manage carefully to avoid information asymmetry.

Separately, and unrelated to the reporting-frequency debate, the SEC and FASB have continued finalizing more routine updates this year. New Accounting Standards Updates are taking effect for December 31, 2026, fiscal year-ends covering income tax disclosures, credit loss measurement, induced debt conversions, and stock compensation, according to Eide Bailly’s review of 2026 ASU activity. Additional guidance on paid-in-kind dividends and environmental credits is also on the near-term horizon.

What to Watch Next

The semiannual reporting proposal remains in the comment and review phase, and no final rule has been adopted as of this writing. Finance leaders should monitor the SEC’s regulatory agenda for further movement, while treating the current quarterly reporting requirement as the operative standard until any final rule is issued and an effective date is set.

Given the extent of investor opposition documented in the comment file, a full shift to mandatory semiannual reporting appears more likely to result in either a scaled-back compromise or continued study rather than swift adoption — though the SEC’s ultimate direction remains uncertain.

 

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AI-Driven Automation and Continuous Accounting Frameworks

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The accounting profession is undergoing a fundamental structural transition as enterprise finance departments shift from periodic month-end closes toward automated continuous accounting models. By integrating specialized machine learning algorithms directly into enterprise resource planning (ERP) platforms, chief accounting officers are transforming financial reporting from a retrospective exercise into a real-time operational asset.

The Shift from Periodic Close to Continuous Financial Reporting
Traditional accounting workflows heavily relied on manual data reconciliation, spreadsheet calculations, and multi-week closing cycles at the end of each fiscal period. In contrast, continuous accounting frameworks utilize automated software agents to process, validate, and post transactional data in real time as business activities occur.

Automated bank reconciliation tools cross-reference incoming bank feeds, invoice records, and purchase orders automatically. By resolving transactional variances instantly throughout the month, corporate accounting teams eliminate the traditional workload spikes associated with quarterly and annual closes.

Machine Learning in Audit Trails and Anomaly Detection
Advanced natural language processing (NLP) and machine learning tools are redefining internal audit and financial control environments. Automated systems analyze 100% of general ledger entries, identifying anomalous transactions, duplicate payments, and unauthorized journal entries in real time.

Rather than relying on random statistical sampling, corporate internal auditors can focus their attention on high-risk flags automatically surfaced by algorithmic monitoring platforms. This continuous risk assessment strengthens internal controls over financial reporting (ICFR) and significantly reduces fraud risk.

Evolving Roles for Accounting Professionals
As routine data entry and manual reconciliation tasks become fully automated, the skill set required for accounting professionals is shifting toward data analysis, system design, and strategic business advisory.
– Systems Governance: Accountants are increasingly responsible for monitoring algorithmic accuracy and managing data integration pipelines.
– Business Partnership: Finance professionals leverage real-time financial dashboards to advise operational leaders on margin management and working capital allocation.
– Regulatory Compliance Management: Accounting teams utilize automated platforms to ensure compliance with dynamic tax codes and international accounting standards.

Core Implementation Recommendations
1. Deploy Automated Reconciliation Tools: Integrate continuous transaction processing modules into existing enterprise ERP architectures.
2. Establish Algorithmic Governance Controls: Implement strict internal testing protocols to ensure automated accounting rules comply with GAAP/IFRS standards.
3. Reskill Accounting Teams: Invest in training finance staff on data analytics, workflow automation, and predictive financial modeling.

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Accounting

Global ESG Reporting Standards and Double Materiality Compliance

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Corporate accounting departments face expanding reporting expectations as international sustainability disclosure standards achieve regulatory enforcement across major global jurisdictions. Chief Accounting Officers (CAOs) and corporate controllers are establishing rigorous internal accounting controls to treat Environmental, Social, and Governance (ESG) metrics with the same data precision, auditability, and governance as traditional financial statements.

Regulatory Harmonization Under Global Sustainability Frameworks
The implementation of standardized sustainability reporting frameworks—notably rules established by international sustainability accounting boards—has created unified expectations for public and large private enterprises. Corporations must report standardized metrics covering greenhouse gas emissions (Scope 1, 2, and material Scope 3), energy utilization, workforce demographics, and supply chain governance.

In Europe and other participating international jurisdictions, double materiality principles are mandatory. Under double materiality, organizations must report both how external sustainability risks impact corporate financial performance, and how internal corporate operations affect surrounding environmental and social structures.

Integrating Sustainability Metrics into Core ERP Systems
To provide auditable non-financial data, enterprise organizations are integrating specialized carbon accounting and ESG management platforms directly into core ERP systems. Automated data collectors capture energy utility invoices, logistics fuel consumption metrics, and vendor compliance records in real time.

Establishing automated, traceable data pipelines ensures that non-financial reporting is supported by clear audit trails. This structured approach allows external financial auditors to provide reasonable assurance on sustainability disclosures during annual corporate reporting cycles.

Financial Impacts and Capital Market Disclosure
Accurate ESG reporting directly influences corporate cost of capital and institutional credit ratings. Commercial lenders and institutional asset managers systematically incorporate sustainability metrics into risk pricing models. Companies that demonstrate transparent, verifiable progress in operational energy efficiency and climate risk mitigation benefit from expanded access to green bond markets and lower debt pricing.

Action Steps for Accounting Leadership
1. Implement Double Materiality Frameworks: Conduct comprehensive assessments to identify material financial and operational sustainability metrics.
2. Build Auditable Non-Financial Data Pipelines: Automate ESG data collection within core accounting software to ensure data integrity.
3. Align Sustainability with Annual Financial Filings: Prepare non-financial disclosures concurrently with financial statements to satisfy regulatory audit expectations.

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