Advice for the energy sector

The energy industry is the cornerstone of the modern economy. Recently, however, it has been undergoing rapid regulatory changes. Therefore, the current energy transition poses a huge challenge from a legal and tax perspective.

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We offer specialised and comprehensive advice to the power sector and to enterprises planning to invest in renewable energy plants. By combining expertise in law, taxes and public financing of investment projects, we can find the best solution and minimise the time needed to implement a planned investment project and the related risk.

We support businesses in the areas of renewable energy, conventional energy, and in the gas and district heating sector, among other things. We also advise them on climate, environmental and energy regulations set by the EU. We search for the optimal source of funds, whether from national, EU or international aid programmes, and help you make effective use of them. We provide our services to both foreign and domestic enterprises.

LEGAL ADVICE

FOR THE ENERGY SECTOR

(legal) due diligence audits of power companies and projects
transaction support in the sale of shares, company sale agreements
drafting and negotiating business contracts of power companies, e.g. EPC contracts, PPAs, power supply and transmission contracts, leases, O&M contracts
support for enterprises in joining support schemes for renewable energy sources, regular legal advice on the functioning of
support schemes
obtaining licences and other permissions for regulated activities
representing clients in dealings with power grid operators in e.g. grid connection proceedings
representing clients in court and administrative proceedings, in particular before the President of the Energy Regulatory Office
handling transactions with bank and investment funds financing energy projects
legal reviews and market study reports

TAX ADVICE

FOR THE ENERGY SECTOR

(tax) due diligence audits
cost segregation projects (determining the initial value of tangible assets for tax depreciation purposes)

accounting for real property tax payable on photovoltaic power plants, wind farms and other energy infrastructure components, conventional power plants, and facilities using the latest technologies (e.g. hydrogen systems)
tax advice on the development or revision of financial models for raising external financing
Transfer Pricing (TP) documentation for the energy industry, with a particular focus on the RES sector
day-to-day advice on CIT and VAT, taking account of the problems specific to the energy sector (balance accounting in the
auction support system, accounting for contributions to the Fund, Guarantees of Origin, VPPAs, CPPAs, net billing)
tax support in transactions and restructuring (M&A)
tax support for contractors or investors in EPCM contracts
advice on excise duty obligations
withholding tax (WHT)
advance tax rulings
tax disputes

Renewable energy – legal and tax advice

We have a long-standing history of supporting investors in the area of renewable energy sources. We have rich experience in providing comprehensive advice to foreign and Polish businesses at every stage of their investment projects. We have proved that we can serve the largest market players.

Check how we can help you in the area of RES »

State aid advice

When it comes to RES, we also support clients in finding ways to finance their projects using state aid.

review of the investment project in terms of eligibility for aid, as well as selection of the optimum type of aid taking into account the specific nature of the planned project and the status of the enterprise
preparation of the application for state aid
representation and/or support in contact and negotiations with the competent authorities and institutions granting and controlling state aid
comprehensive support and advice at every stage of applying for and using state aid

See how we advise on aid schemes »

Our experience in advising on energy projects

We have advised on a number of key national and international energy ventures. We have supported our clients in investment processes, in drafting key project agreements, and in court and administrative proceedings, in particular before the President of the Energy Regulatory Office. We have also handled tasks related to CPPAs and VPPAs. We also advise on company law, mergers and acquisitions (M&A) and competition law.

See our reference projects »