IRS Releases New Guidance on Clean Fuel Production Credit
Key Ideas
- IRS Notice 2025-10 and 2025-11 provide guidance on the Clean Fuel Production Credit under section 45Z of the Internal Revenue Code for clean fuels produced between 2025-2027.
- The credit is tech-neutral, varying based on fuel type and emissions rate, with credits available for fuels like sustainable aviation fuel and highway vehicle fuel.
- Taxpayers must use the 45ZCF-GREET model to calculate Emissions Rate, with provisions for fuels not included in the model awaiting future guidance from Treasury.
- Clarifications on defining 'suitable for use' in vehicles, qualifying sales criteria, and production requirements were outlined in the Notice, emphasizing US-based production and substantial processing.
The Treasury Department and the Internal Revenue Service recently released IRS Notice 2025-10 and 2025-11, offering guidance on the Clean Fuel Production Credit under section 45Z of the Internal Revenue Code. This credit, available for clean fuels produced and sold between January 1, 2025, and December 31, 2027, is a successor to previous fuel production and blending credits, now being tech-neutral. The credit amount varies depending on the fuel type and emissions rate, encompassing fuels like sustainable aviation fuel and highway vehicle fuel.
The Notice outlines how taxpayers can calculate the Clean Fuel Production Credit, with specific details on the 'emissions factor' for the fuel produced and sold. The use of the 45ZCF-GREET model to determine the Emissions Rate is mandatory for most taxpayers, although fuels not covered in the model await further guidance from the Treasury.
Additionally, the Notice provides clarity on terms like 'suitable for use' in vehicles, qualifying sales criteria, and the production process. It highlights that a fuel's practical fitness for use in vehicles is crucial and emphasizes that actual use in vehicles is not mandatory for eligibility. Furthermore, the definition of 'production' requires substantial processing and chemical transformation, excluding minimal activities like biodiesel stabilization.
Overall, the new guidance aims to streamline the process for taxpayers seeking the Clean Fuel Production Credit, promoting clean fuel production in the United States and setting clear criteria for eligibility and compliance.