IRS Proposes Regulations for Clean Hydrogen Tax Credit Under IRA
Key Ideas
  • The proposed IRS regulations offer guidance on the Clean Hydrogen Production Tax Credit, aiming to support the production of clean hydrogen with reduced greenhouse gas emissions.
  • The tax credit, established in Section 45V of the Internal Revenue Code, incentivizes the production of clean hydrogen at qualified U.S. facilities by providing financial benefits tied to emissions rates.
  • Producers must adhere to specific requirements, including independent verification of production, prevailing wage conditions, and beginning construction before January 1, 2033, to qualify for the tax credit.
  • The IRS-proposed regulations detail the methodology for computing life-cycle greenhouse gas emissions rates, with a focus on the 45VH2-GREET model for determining tax credit eligibility based on emissions intensity.
The U.S. Internal Revenue Service (IRS) has introduced proposed regulations regarding the Clean Hydrogen Production Tax Credit under the Inflation Reduction Act of 2022 (IRA). The tax credit, codified in Section 45V of the Internal Revenue Code, is aimed at supporting the production of clean hydrogen with a low life-cycle greenhouse gas (GHG) emissions rate. This tax credit intends to reduce the overall cost of producing clean hydrogen, currently priced at around $5 per kilogram, to $1 per kilogram to promote its widespread adoption as a clean energy source. Producers seeking to benefit from this credit need to meet specific criteria, including having their facilities located in the U.S. and beginning construction before 2033. The proposed regulations issued by the IRS provide clarity on the requirements for producers to qualify for this tax credit. Additionally, the regulations outline the methodology for calculating life-cycle GHG emissions using the 45VH2-GREET model developed by the Argonne National Laboratory. The model analyzes various data inputs to determine the carbon intensity of different hydrogen production pathways. Producers are encouraged to stay updated on any changes to the model that could impact their tax credit eligibility. The regulations also address scenarios where a producer's hydrogen production pathway is not covered by the existing GREET model. In such cases, producers must seek a provisional emissions rate (PER) from the Department of Energy by submitting a request based on preliminary analysis. This process involves completing a front-end engineering and design study to obtain DOE-approved emissions values, which are then used to petition the IRS for a PER. Overall, the proposed regulations aim to streamline the application process for the Clean Hydrogen Production Tax Credit and provide producers with clear guidelines on how to qualify for this financial incentive.
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