Barbara De Marigny's practice is currently focused on assisting clients in accessing tax incentives for the energy transition, with a particular emphasis on federal income tax credits incentivizing climate and clean energy initiatives, such as credits for clean fuel and clean hydrogen production and carbon capture and sequestration, as well as manufacturing of clean energy components and critical minerals.
In her career Barbara has represented and advised Fortune 50 corporations, master limited partnerships (MLPs), private equity investors and portfolio companies in all aspects of the energy industry in planning their transactions for tax efficiency.
With respect to climate and clean energy tax credits, she is particularly focused on the section 45Q federal tax credit for carbon capture, use and sequestration (“CCUS”). She is a frequent speaker and author on section 45Q topics, including the provision of comments and testimony to the IRS on proposed regulations. She also works extensively with the section 45V tax credit for clean hydrogen production and the section 45Z tax credit for clean fuel production. In addition, she regularly works with the section 45X tax credit for advanced manufacturing. With respect to all these credits, Barbara advises clients on qualifying for the credits by meeting applicable gating requirements and compliance with beginning of construction deadlines, maximizing the credit amounts (by, for example, compliance with applicable prevailing wage and apprenticeship requirements and domestic content incentives), and monetizing the credits via direct pay elections, tax equity partnerships or marketing and sale of the credits to unrelated taxpayers.
Additionally, she is board certified in tax law by the Texas Board of Legal Specialization. Barbara has been the Chair of the Partnership and LLC Tax Committee of the ABA Section of Taxation, is a recipient of the committee's Larry M. Katz Award for Distinguished Service and was the founder and first Chair of the Section's LLC Task Force.
Carbon Capture/Section 45Q
Partnership and Joint Ventures
Other Tax Experience
Named to “Texas Super Lawyer,” Tax, Super Lawyers, Thomson Reuters, 2003-2013
Selected for inclusion in The Best Lawyers in America (Woodward/White, Inc.), Tax, 2003-2013
Recipient of Larry M. Katz Award for Distinguished Service to the ABA Section of Taxation Partnership and LLC Committee, 2009
