Brazil's Low-Carbon Hydrogen Development Program: Law No. 14.990/2024 Overview
Key Ideas
- Law No. 14.990/2024 establishes the PHBC to provide tax credits for low-carbon hydrogen projects.
- The program aims to support energy transition, decarbonize industries, and promote the use of low-carbon hydrogen in heavy transport.
- Eligibility criteria include regional development, climate change mitigation, and contribution to technological development.
- Tax credits will be subject to a competitive process based on GHG emission intensity and other criteria.
The Brazilian Federal Government has enacted Law No. 14.990/2024 to establish the Low-Carbon Hydrogen Development Program (PHBC), following previous legislation for a Low-Carbon Hydrogen Legal Framework. The PHBC aims to provide financial subsidies through tax credits for low-carbon hydrogen projects, specifically targeting sectors like fertilizers, steel, cement, and heavy transport. The tax credits will reduce the Social Contribution on Net Profit and are intended to make low-carbon hydrogen more competitive against substitute products. Projects eligible for tax credits must meet criteria such as regional development, climate change mitigation, and technological advancement.
The program sets annual limits for tax credit grants, determined by the executive branch in alignment with fiscal goals and program objectives. Tax credits unutilized in a year can be carried forward. A competitive process will allocate tax credits to producers or purchasers of low-carbon hydrogen based on set criteria including GHG emission intensity. Qualification requirements involve participation in a competitive process and adherence to previous incentive regimes.
Further regulations may prioritize projects with low GHG emissions, national value chain development, and secure project implementation through guarantees. Non-compliance with project implementation may lead to penalties. Tax credits can be used to offset tax debts or reimbursed in cash. The program focuses on low-carbon hydrogen and derivatives produced within Brazil from 2028 to 2032.
An annual report will evaluate the National Low Carbon Hydrogen Policy, PHBC, Brazilian Hydrogen Certification System (SBCH2), and Rehidro. It will list projects claiming tax credits, qualified projects, and monitoring results. The PHBC represents Brazil's commitment to promoting low-carbon hydrogen as part of its energy transition and climate change mitigation efforts.
Topics
Power
Environmental Impact
Government Policy
Energy Transition
Economic Development
Tax Incentives
Industry Diversification
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