As of June 2013, Master Limited Partnerships ("MLPs") have reached a market capital of $400 billion, with over 100 MLPs traded on major exchanges. Generally established as LLCs with advantageous partnership flow through tax treatment, MLPs present attractive return vehicles to attract long term capital to the energy extraction, energy transportation ("midstream"), and most recent, energy distribution ("downstream"), markets. However, MLPs may result in unfavorable tax treatment for investors as well.This Highlight will present the tax issues for MLP investors pre- and post- the 1985 Code, imposed MLP investment restrictions, and gradual relaxation thereof. The Highlight will conclude with an analysis of the April 2013 legislative bi-partisan proposal, the Master Limited Partnership Parity Act, to extend MLP tax treatment to renewable ("green") energy, and why this proposal is contentious.

Publicly-traded energy master limited partnerships (MLPs) are a specialized investment class that possess favorable investment characteristics. They currently provide high yields coupled with the potential for growing these yields in the future. MLPs are less volatile than stocks and are therefore arguably less risky. They also possess favorable tax advantages. They are not taxed at the entity level and a significant portion of the income generated by the MLP may be tax-deferred. MLPs are normally best suited for a taxable account since tax-exempt entities such a IRAs are taxed on MLP income above a modest amount.Because, however, MLPs are subject to the laws governing partnership taxation, the tax issues surrounding MLPs are considerably more involved than the tax issues surrounding stocks. This article provides an overview of this unique asset class, including their tax history. Also, the tax issues surrounding MLPs such as determining adjusted basis, compliance with the passive activity rules, determining how much of sales proceeds to allocate between Section 741 and 751, and reporting tax shelter registration numbers are addressed. Fortunately, the MLP itself will aid the investor by computing the adjusted basis as well as the Section 741 gain or loss and Section 751 gain for the investor.

Solar, wind, and other renewable energy technologies have the potential to mitigate climate change, secure America's energy independence, and create millions of green jobs. In the absence of a price on carbon emissions, however, these long-term benefits will not be realized without near-term policy support for renewables. This Article assesses the efficiency of federal tax incentives for renewables and proposes policy reform to more cost-effectively promote renewable energy through capital markets and crowdfunding. Federal support for renewable energy projects today comes primarily in the form of tax incentives such as accelerated depreciation and, critically, tax credits. Empirical evidence reveals that only a fraction of the subsidy value of tax credits may actually go to fund new renewable power projects. Why are tax credits for renewables so inefficient? And where do the remaining tax dollars go? Qualitative analysis suggests that the answer to both questions hinges on the mismatch between the profitability requirements of tax credits and the revenue profile of renewable energy projects. The value of tax credits lies in their capacity to reduce tax liability and lower tax bills. Most renewable power projects, however, require ten years or more to recover their up-front capital expenditures before they begin to generate taxable profits and, hence, tax liability to reduce. Bringing in investors with tax liability from other sources to monetize a project's tax credits provides only partial relief. Such tax equity investment drives up a project's financing charges and transaction costs, limits investment liquidity, and restricts growth in the renewable energy marketplace. Federal policymakers should give renewable energy access to master limited partnerships (MLPs) and real estate investment trusts (REITs) - two tax-privileged investment structures with a proven track record of promoting oil, gas, and other conventional energy. Merging the tax benefits of a partnership with the fundraising advantages of a corporation, MLPs and REITs could significantly reduce the cost of capital for renewable energy projects, broaden their investor appeal, and move renewables closer to subsidy independence. Most importantly, MLPs and REITs have the potential to deliver these and more benefits to renewable energy at considerably lower cost to taxpayers than the current regime of tax credits.

" ... analyzes in depth the U.S. federal income taxation of publicly traded partnerships and their partners"--Portfolio description.

Electricity, supplied reliably and affordably, is foundational to the U.S. economy and is utterly indispensable to modern society. However, emissions resulting from many forms of electricity generation create environmental risks that could have significant negative economic, security, and human health consequences. Large-scale installation of cleaner power generation has been generally hampered because greener technologies are more expensive than the technologies that currently produce most of our power. Rather than trade affordability and reliability for low emissions, is there a way to balance all three? The Power of Change: Innovation for Development and Deployment of Increasingly Clean Energy Technologies considers how to speed up innovations that would dramatically improve the performance and lower the cost of currently available technologies while also developing new advanced cleaner energy technologies. According to this report, there is an opportunity for the United States to continue to lead in the pursuit of increasingly clean, more efficient electricity through innovation in advanced technologies. The Power of Change: Innovation for Development and Deployment of Increasingly Clean Energy Technologies makes the case that America's advantagesâ€"world-class universities and national laboratories, a vibrant private sector, and innovative states, cities, and regions that are free to experiment with a variety of public policy approachesâ€"position the United States to create and lead a new clean energy revolution. This study focuses on five paths to accelerate the market adoption of increasing clean energy and efficiency technologies: (1) expanding the portfolio of cleaner energy technology options; (2) leveraging the advantages of energy efficiency; (3) facilitating the development of increasing clean technologies, including renewables, nuclear, and cleaner fossil; (4) improving the existing technologies, systems, and infrastructure; and (5) leveling the playing field for cleaner energy technologies. The Power of Change: Innovation for Development and Deployment of Increasingly Clean Energy Technologies is a call for leadership to transform the United States energy sector in order to both mitigate the risks of greenhouse gas and other pollutants and to spur future economic growth. This study's focus on science, technology, and economic policy makes it a valuable resource to guide support that produces innovation to meet energy challenges now and for the future.