Treasury Department Unveils Proposed Regulations for Tax Credit on Clean Hydrogen Production

Hydrogen© davidf / Getty Images Signature / Canva

The United States Treasury Department and the Internal Revenue Service (IRS) have jointly issued a set of proposed regulations outlining the administration of the tax credit for clean hydrogen production. This move follows the introduction of the Inflation Reduction Act (IRA) of 2022, which offers a production credit for every kilogram of qualified clean hydrogen produced by taxpayers at a certified clean hydrogen production facility.

The amount of credit available hinges on the emissions intensity of the hydrogen production process. It also factors in the taxpayer’s adherence to prevailing wage and apprenticeship requirements during the construction, alteration, and repair of the qualified clean hydrogen production facility.

The newly proposed regulations establish definitions and procedures for administering and claiming this credit. They provide comprehensive guidance for determining the lifecycle greenhouse gas emissions rate associated with the hydrogen production process. This lifecycle analysis is critical to ensuring that the production methods used are indeed contributing to a reduction in overall greenhouse gas emissions.

In addition to this, the proposed regulations offer procedures for petitioning the IRS for a provisional emissions rate. This allows businesses to submit their emissions data to the IRS for review and obtain an approved emissions rate that can be used when claiming the tax credit.

The guidance also outlines requirements for verifying the production and sale or use of hydrogen. This is essential to ensure that the clean hydrogen being produced is either being sold or used in a manner that contributes to reducing greenhouse gas emissions.

For facilities looking to modify their existing hydrogen production processes, the proposed regulations also provide requirements. These include obtaining a new original placed-in-service date for credit purposes. This provision ensures that hydrogen production facilities continue to innovate and upgrade their processes in line with the latest clean technology advancements.

This move by the Treasury Department and the IRS aims to underscore the federal government’s commitment to incentivize clean energy production. By providing a clear framework for claiming the clean hydrogen production tax credit, the authorities aim to encourage more businesses to invest in clean hydrogen production, a critical component of the nation’s strategy to reduce greenhouse gas emissions.

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