IRS and Treasury Finalize Regulations on Clean Electricity Tax Credits
Key Ideas
  • The final regulations by the IRS and Treasury introduce new 'clean electricity production credit' and 'clean electricity investment credit' under the Internal Revenue Code.
  • Notable changes include clarifications on conducting lifecycle analysis for determining greenhouse gas emissions and rules for qualifying facilities.
  • Hydrogen storage assets are confirmed to be eligible for the Tech-Neutral Investment Tax Credit, even if the hydrogen stored is used for purposes other than energy production.
On January 15, 2025, the Internal Revenue Service (IRS) and the Department of the Treasury published final regulations regarding the new 'clean electricity production credit' and 'clean electricity investment credit.' The Tech-Neutral Tax Credits replace the Legacy Tax Credits and are applicable to qualified facilities placed in service after December 31, 2024. Notable changes in the regulations include clarifications on conducting lifecycle analysis for determining greenhouse gas emissions, a limited facility aggregation concept for qualifying for specific exemptions, and confirmation of eligibility for hydrogen storage assets under the Investment Tax Credit. The regulations aim to promote technology-neutral aspects and reduce GHG emissions in electricity production. The Tech-Neutral Tax Credits will begin to phase out after 2032 or when GHG emissions from US electricity production are 25% of 2022 levels. Overall, the sentiment towards these regulations is positive as they provide clarity and support for clean energy investments.
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