Who You Need to Buy Transferable Tax Credits: CPA, Counsel, Broker or Consultant

A transferable credit purchase touches tax, law, insurance and project facts. No single person covers all of it, and the labels are loose: "tax credit consultant" is not a license. This page separates the roles so you can see who is responsible for what before you pay for a §48E or other credit.

The team and what each role does

Role	What they do	What they do not do
CPA or tax preparer	Sizes how much credit you can use (the §38(c) limit, the §469 passive rules, estimated tax timing), prepares Form 3800 and the transfer election statement, and models the cash effect	Review the project or negotiate the legal agreement
Tax counsel	Reviews the transfer agreement: representations, recapture allocation, indemnity, foreign-entity terms; advises on eligibility questions	Prepare your return or source credits
Project finance or energy counsel	Handles project documents, construction, interconnection and partnership agreements. Relevant when you own part of a project or invest through tax equity	Usually not needed for a plain cash purchase of a credit, where the seller's side handles project documents
Broker, sourcing partner or consultant	Finds credits, screens them and coordinates the process (what brokers do)	Give tax or legal advice unless separately qualified and engaged to do so
Insurance broker	Places tax credit insurance for loss from disallowance or recapture; coverage terms vary (recapture and insurance)	Decide whether the credit qualifies
Technical or cost diligence provider	Reviews project evidence such as placed-in-service dates, cost basis support, and bonus or foreign-entity facts	Opine on your tax position

Do I need separate tax and project finance lawyers?

It depends on the structure. In a cash purchase of a transferred credit under §6418, the buyer does not own the project. The core legal work is the tax review of the transfer agreement, so tax counsel carries most of it. If you instead invest in the project entity through a tax equity partnership, project-level agreements matter and project finance expertise is often needed in addition. Some firms have both skills under one roof. Ask counsel which they recommend for your structure.

A sensible order

1. CPA first. Confirm your expected federal tax, entity type and timing. Read the CPA diligence guide.
2. Pick the credit. For most buyers the §48E investment credit has the widest choice of projects (buyer guide).
3. Source. Directly, through a marketplace or through a broker.
4. Counsel review. Share the draft agreement before you sign (checklist).
5. Insurance and diligence. Decide whether to buy coverage and which diligence items you need.
6. Sign, pay, file. Both parties attach the election statement to their returns (reporting guide).

What a "consultant" should tell you

There is no required credential for calling yourself a tax credit consultant. Ask who they are, whether they are a CPA, attorney or enrolled agent, how they are paid, and who is responsible if a credit is later reduced. See broker fees and how to find a good CPA. Advisers that coordinate several clients can use the family office and RIA framework.

Educational information only, not tax, legal or investment advice, and no outcome is promised. Rules and figures were checked against the cited sources on October 31, 2026; they change, so confirm with your CPA and counsel before acting. Veritas does not offer or solicit investments. See our disclaimer.