IRS and Treasury Release Final Regulations for Clean Hydrogen Production Tax Credit
Key Ideas
- The 45V Final Regulations provide clarity on key elements like incrementality, temporal matching, and deliverability for clean hydrogen production.
- Hydrogen projects utilizing electrolysis have flexibility in meeting requirements, including the use of clean electricity and nuclear power plants.
- The regulations allow for lifecycle GHG emissions calculations on an hourly basis with certain limits and safe harbor provisions.
- Upstream methane leakage rates and the 'first productive use' requirement for natural gas alternatives are also addressed in the regulations.
On January 3, 2025, the IRS and Treasury issued final regulations implementing the clean hydrogen production tax credit under Section 45V of the Internal Revenue Code. The regulations aim to define 'clean hydrogen' for tax purposes. They provide clarity on incrementality, temporal matching, and deliverability for hydrogen production projects. Key takeaways include pathways for meeting incrementality requirements, extension of transition periods for matching, and flexibility in defining regional boundaries. The regulations also address lifecycle GHG emissions calculations, safe harbor provisions, and the use of provisional emissions rates. Notably, the rules will apply to taxable years beginning after December 26, 2023. Additionally, methane- and RNG-based hydrogen regulations are discussed separately. The overall sentiment of the article is positive, highlighting the efforts to promote clean energy production and provide incentives for the hydrogen sector's growth.