New Regulations for Clean Hydrogen Production Tax Credit in the US
Key Ideas
  • Final regulations under section 45V of the Internal Revenue Code provide clarity and updates for the Hydrogen Production Tax Credit (Hydrogen PTC).
  • The Hydrogen PTC offers credits ranging from 12 cents to $3 per kilogram of clean hydrogen produced, based on lifecycle greenhouse gas emissions rates.
  • Changes in the regulations regarding Energy Attribute Certificates aim to make requirements less restrictive and more transparent for taxpayers.
  • The definition of 'facility' has been clarified to include carbon capture equipment impacting GHG emissions but exclude certain feedstock-related equipment.
The U.S. Department of Treasury and the Internal Revenue Service have issued final regulations updating the proposed regulations for the Hydrogen Production Tax Credit (Hydrogen PTC) under section 45V of the Internal Revenue Code. The Hydrogen PTC, introduced through the Inflation Reduction Act of 2022, incentivizes clean hydrogen production in the U.S. by offering tax credits based on the greenhouse gas emissions involved in the production process. The regulations provide clarity on the credit amount, which can range from 12 cents to $3 per kilogram of clean hydrogen, depending on the emissions rate and compliance with wage and apprenticeship requirements. The rules regarding Energy Attribute Certificates (EACs) have been revised to ease restrictions and improve transparency for taxpayers, particularly in terms of incrementality, temporality, and deliverability requirements. Additionally, the definition of a 'facility' for the Hydrogen PTC has been refined to include carbon capture equipment impacting emissions rates but exclude certain equipment related to feedstock and electricity production. These changes aim to facilitate the implementation of clean hydrogen projects while ensuring environmental benefits and compliance with the regulatory framework.
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