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Liskow & Lewis CARES Act Tax Analysis – Part II

The Energy Law

An employer is eligible for the credit if their business was fully or partially shut down due to a government order issued in response to COVID-19 or if for any quarter in 2020, gross receipts are down at least 50% from the same quarter in the prior year. First, the maximum allowed deduction is $300.

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EPA’s Shifting Guidance on Startup, Shutdown, and Malfunction Defenses in State Implementation Plans and Its Effect in Louisiana

The Energy Law

On September 30, 2021, the EPA once again signaled a policy change on what provisions a state can include in its Clean Air Act State Implementation Plan (“SIP”) for exemptions and affirmative defenses during periods of startup, shutdown, and malfunction (“SSM”). 2021 SSM SIP Policy Memorandum. 33840 (June 12, 2015).