Extract to table

A below, the analysis of whether the election is properly made by DRI or by RWE, given the disregarded entity status, is a threshold question that must be resolved before definitive documentation is prepared

The regulations further provide, however, that the pre-filing registration (discussed in Section VI) must identify both the regarded taxpayer (DRI) and the underlying "applicable entity" that owns the eligible property or qualified facility generating the credit

6418-2(a)(2), a disregarded entity is not treated as an "eligible taxpayer" for purposes of making the election; the election must be made by the regarded owner

Transferee Eligibility — Pinnacle Atlantic Partners LP Under IRC § 6418(a), the transferee must be a taxpayer that is not related to the eligible taxpayer within the meaning of IRC § 267(b) or § 707(b)(1)

Additionally, the taxpayer must comply with the ratio requirements (the ratio of apprentices to journeyworkers) established by the applicable registered apprenticeship program

IRC § 6418(b)(4) provides that the transfer of a specified credit portion shall not be treated as a sale or other disposition of property