U.S. Treasury Department and IRS Announce Final Regulations for Clean Hydrogen Production Tax Credit
Key Ideas
  • The U.S. Treasury Department and IRS released final regulations for the clean hydrogen production tax credit under Section 45V, providing up to $3.00 per kilogram of hydrogen produced.
  • The regulations offer flexibility by including additional energy sources like natural gas with carbon capture, renewable natural gas, and coal mine methane for eligibility for the credit.
  • The final rules expand the credit to hydrogen produced using electricity from states with greenhouse gas emissions limits or from qualifying nuclear power plants at risk of retirement, fostering increased deal activity in hydrogen production projects.
  • Industry participants are advised to monitor updates due to the uncertainty surrounding the incoming administration's stance on the clean hydrogen production tax credit.
On January 3, 2025, the U.S. Treasury Department and Internal Revenue Service (IRS) unveiled final regulations pertaining to the credit for production of clean hydrogen, as outlined in Section 45V of the Inflation Reduction Act. Effective from January 10, 2025, these regulations are set to apply to taxable years starting after December 26, 2023, the date when the proposed regulations were initially issued. The clean hydrogen production tax credit offers an income tax credit of up to $3.00 per kilogram of hydrogen produced, with adjustments for inflation. The credit structure comprises four tiers based on the carbon intensity of the hydrogen production process, rewarding those with the lowest greenhouse gas emissions. Moreover, compliance with certain wage and apprenticeship requirements further determines the credit value. The final regulations provide clarity on eligibility criteria, especially for hydrogen producers utilizing diverse energy sources like natural gas with carbon capture, renewable natural gas, and coal mine methane. Noteworthy enhancements in the final rules include the extension of the credit to hydrogen produced using electricity from states with emissions restrictions or from specific nuclear power plants facing potential retirement challenges. The newfound certainty and adaptability in the regulations are anticipated to stimulate heightened investment and deal-making activities within the hydrogen production sector. However, amid the evolving landscape, industry stakeholders are advised to stay vigilant and informed about any forthcoming updates regarding the clean hydrogen production tax credit.
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