2026-02246Proposed Rule

Section 45Z Clean Fuel Production Credit

Published Date: 2/4/2026

Proposed Rule

Summary

The IRS is rolling out new rules for the Clean Fuel Production Credit, helping fuel producers earn tax credits for making cleaner transportation fuels. These rules explain who qualifies, how to prove it, and update related tax paperwork. If you make or handle clean fuel in the U.S., get ready—comments are open until April 6, 2026, and a public hearing is set for May 28, 2026.

Analyzed Economic Effects

8 provisions identified: 3 benefits, 3 costs, 2 mixed.

Tax Credit for Domestic Clean Fuel

If you produce clean transportation fuel in the United States, you may qualify for a section 45Z tax credit for fuel produced after December 31, 2024 and sold by December 31, 2029. The proposed rules set who qualifies and how to claim the credit; the IRS is taking comments through April 6, 2026 and holding a public hearing on May 28, 2026.

Per‑Gallon Credit Amounts and Inflation

The proposed rules say the applicable per‑gallon amount is either $0.20 or $1.00 for fuel produced after December 31, 2025. For fuel produced on or before December 31, 2025, non‑SAF fuels have applicable amounts of $0.20 or $1.00 while SAF fuels have amounts of $0.35 or $1.75; these amounts are adjusted annually by an inflation factor and rounded to the nearest cent.

How Emissions Rates Determine Credit Size

The credit amount is calculated by multiplying a per‑gallon applicable amount by an emissions factor equal to (50 kg CO2e/mmBTU − the fuel's emissions rate) ÷ 50 kg CO2e/mmBTU. The Secretary will publish an annual emissions rate table, producers can seek a provisional emissions rate, and emissions factors are rounded to the nearest 0.1.

Producer Registration Required to Claim Credit

A taxpayer must be registered as a producer of clean fuel under section 4101 at the time of production to have a section 45Z credit determined; the registration requirement applies to transportation fuel produced after December 31, 2024. The proposed rules also apply denial, revocation, or suspension standards similar to existing section 4222(c) rules.

Foreign Feedstock and Entity Restrictions

For transportation fuel produced after December 31, 2025, the fuel must be exclusively derived from feedstock produced or grown in the United States, Mexico, or Canada. In addition, taxpayers cannot be a "specified foreign entity" for taxable years beginning after July 4, 2025, and cannot be a foreign‑influenced entity (with limited statutory exceptions) for taxable years beginning after July 4, 2027.

Anti‑Stacking: Some Credits Exclude 45Z

A facility is not a "qualified facility" for the section 45Z credit if, for the taxable year, one of these credits is allowed for that facility: the section 45V clean hydrogen credit, a section 48(a)(15) election for a specified clean hydrogen production facility, or the section 45Q carbon oxide sequestration credit. In other words, those "anti‑stacking" credits cannot be claimed together with section 45Z at the same facility.

Who Counts as Producer; Blending and Minimal Processing Excluded

The proposed rules define the "producer" as the person that engages in production and clarify that minimal processing or blending (for example, blending ethanol into gasoline) does not count as production. For alternative natural gas (including renewable natural gas), the processor who conditions raw gas to be interchangeable with fossil natural gas is the producer; simple compression of already interchangeable gas is not production.

Prevailing‑Wage/Apprenticeship Rules Affect Higher Credit

The proposed rules state that a producer can qualify for the increased applicable amount only if the producing facility satisfies prevailing wage and apprenticeship (PWA) requirements; facilities placed in service before January 1, 2025 need only meet prevailing wage rules for alterations or repairs in taxable years beginning after December 31, 2024. The PWA and apprenticeship rules are applied similarly to other Code provisions.

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Key Dates

Published Date
Comments Due
2/4/2026
4/6/2026

Department and Agencies

Department
Independent Agency
Agency
Treasury Department
Internal Revenue Service
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