Title 26, Internal Revenue CodeRelease 119-110

§45V Credit for Production of Clean Hydrogen

Title 26 › Subtitle A — Income Taxes › CHAPTER 1 — NORMAL TAXES AND SURTAXES › Subchapter A — Determination of Tax Liability › PART IV — CREDITS AGAINST TAX › Subpart D — Business Related Credits › § 45V

Last updated Sep 22, 2026|Official source

Summary

Offers a tax credit for clean hydrogen made at a qualified facility. The credit equals the number of kilograms of qualified clean hydrogen a taxpayer makes during a 10-year window starting when the facility was first placed in service, multiplied by an amount that is a percentage of $0.60 (the $0.60 is adjusted for inflation for the year the hydrogen is produced). The exact percentage depends on the hydrogen’s lifecycle greenhouse gas emissions per kilogram: 20% for 2.5–4 kg CO2e/kg, 25% for 1.5–2.5 kg CO2e/kg, 33.4% for 0.45–1.5 kg CO2e/kg, and 100% for less than 0.45 kg CO2e/kg. Any dollar amounts are rounded to the nearest 0.1 cent. Lifecycle greenhouse gas emissions — emissions counted up to the production point (well-to-gate) using the GREET model or a successor. Qualified clean hydrogen — hydrogen with lifecycle emissions ≤4 kg CO2e/kg that is made in the U.S. or a U.S. possession, made in the taxpayer’s ordinary business for sale or use, and verified by an unrelated party (taxpayers can ask the Secretary for a provisional emissions rate if needed). Qualified facility — a taxpayer-owned plant that makes qualified hydrogen and whose construction begins before January 1, 2028. Other rules: credits are coordinated with certain other tax rules for shared ownership and tax-exempt bonds; no credit if the facility already gets a section 45Q carbon capture credit for that hydrogen; some older plants that are properly modified can get a new 10-year start date tied to the modification. The credit can be multiplied by 5 if the facility meets prevailing-wage and apprenticeship rules and certain timing rules tied to Secretary guidance. The Secretary must issue rules, including how to measure lifecycle emissions, within one year after enactment.

Full Legal Text

Title 26, §45V

Internal Revenue Code, Source: USLM XML via OLRC

(a)Amount of credit
For purposes of section 38, the clean hydrogen production credit for any taxable year is an amount equal to the product of— (1)
(2)the applicable amount (as determined under subsection (b)) with respect to such hydrogen.
(b)Applicable amount
(1)In general
For purposes of subsection (a)(2), the applicable amount shall be an amount equal to the applicable percentage of $0.60. If any amount as determined under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent.
(2)Applicable percentage
For purposes of paragraph (1), the applicable percentage shall be determined as follows:
(A)In the case of any qualified clean hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of—
(i)not greater than 4 kilograms of CO2e per kilogram of hydrogen, and
(ii)not less than 2.5 kilograms of CO2e per kilogram of hydrogen,
the applicable percentage shall be 20 percent.
(B)In the case of any qualified clean hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of—
(i)less than 2.5 kilograms of CO2e per kilogram of hydrogen, and
(ii)not less than 1.5 kilograms of CO2e per kilogram of hydrogen,
the applicable percentage shall be 25 percent.
(C)In the case of any qualified clean hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of—
(i)less than 1.5 kilograms of CO2e per kilogram of hydrogen, and
(ii)not less than 0.45 kilograms of CO2e per kilogram of hydrogen,
the applicable percentage shall be 33.4 percent.
(D)In the case of any qualified clean hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of less than 0.45 kilograms of CO2e per kilogram of hydrogen, the applicable percentage shall be 100 percent.
(3)Inflation adjustment
The $0.60 amount in paragraph (1) shall be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), determined by substituting “2022” for “1992” in subparagraph (B) thereof) for the calendar year in which the qualified clean hydrogen is produced. If any amount as increased under the preceding sentence is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent.
(c)Definitions
For purposes of this section
(1) Lifecycle greenhouse gas emissions
(2)Qualified clean hydrogen
(A)In general
The term “qualified clean hydrogen” means hydrogen which is produced through a process that results in a lifecycle greenhouse gas emissions rate of not greater than 4 kilograms of CO2e per kilogram of hydrogen.
(B)Additional requirements
Such term shall not include any hydrogen unless—
(i)such hydrogen is produced—
(I)in the United States (as defined in section 638(1)) or a possession of the United States (as defined in section 638(2)),
(II)in the ordinary course of a trade or business of the taxpayer, and
(III)for sale or use, and
(ii)the production and sale or use of such hydrogen is verified by an unrelated party.
(C)Provisional emissions rate
In the case of any hydrogen for which a lifecycle greenhouse gas emissions rate has not been determined for purposes of this section, a taxpayer producing such hydrogen may file a petition with the Secretary for determination of the lifecycle greenhouse gas emissions rate with respect to such hydrogen.
(3)Qualified clean hydrogen production facility
The term “qualified clean hydrogen production facility” means a facility—
(A)owned by the taxpayer,
(B)which produces qualified clean hydrogen, and
(C)the construction of which begins before January 1, 2028.
(d)Special rules
(1)Treatment of facilities owned by more than 1 taxpayer
Rules similar to the rules section 45(e)(3) shall apply for purposes of this section.
(2)Coordination with credit for carbon oxide sequestration
No credit shall be allowed under this section with respect to any qualified clean hydrogen produced at a facility which includes carbon capture equipment for which a credit is allowed to any taxpayer under section 45Q for the taxable year or any prior taxable year.
(3)Credit reduced for tax-exempt bonds
Rules similar to the rule under section 45(b)(3) shall apply for purposes of this section.
(4)Modification of existing facilities
For purposes of subsection (a)(1), in the case of any facility which—
(A)was originally placed in service before January 1, 2023, and, prior to the modification described in subparagraph (B), did not produce qualified clean hydrogen, and
(B)after the date such facility was originally placed in service—
(i)is modified to produce qualified clean hydrogen, and
(ii)amounts paid or incurred with respect to such modification are properly chargeable to capital account of the taxpayer,
such facility shall be deemed to have been originally placed in service as of the date that the property required to complete the modification described in subparagraph (B) is placed in service.
(e)Increased credit amount for qualified clean hydrogen production facilities
(1)In general
In the case of any qualified clean hydrogen production facility which satisfies the requirements of paragraph (2), the amount of the credit determined under subsection (a) with respect to qualified clean hydrogen described in subsection (b)(2) shall be equal to such amount (determined without regard to this sentence) multiplied by 5.
(2)Requirements
A facility meets the requirements of this paragraph if it is one of the following:
(A)A facility—
(i)the construction of which begins prior to the date that is 60 days after the Secretary publishes guidance with respect to the requirements of paragraphs (3)(A) and (4), and
(ii)which meets the requirements of paragraph (3)(A) with respect to alteration or repair of such facility which occurs after such date.
(B)A facility which satisfies the requirements of paragraphs (3)(A) and (4).
(3)Prevailing wage requirements
(A)In general
The requirements described in this subparagraph with respect to any qualified clean hydrogen production facility are that the taxpayer shall ensure that any laborers and mechanics employed by the taxpayer or any contractor or subcontractor in— (i)
(ii)with respect to any taxable year, for any portion of such taxable year which is within the period described in subsection (a)(2), the alteration or repair of such facility,
shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality in which such facility is located as most recently determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. For purposes of determining an increased credit amount under paragraph (1) for a taxable year, the requirement under clause (ii) of this subparagraph is applied to such taxable year in which the alteration or repair of qualified facility occurs.
(B)Correction and penalty related to failure to satisfy wage requirements
Rules similar to the rules of section 45(b)(7)(B) shall apply.
(4)Apprenticeship requirements
Rules similar to the rules of section 45(b)(8) shall apply.
(5)Regulations and guidance
The Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this subsection, including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection.
(f)Regulations
Not later than 1 year after the date of enactment of this section, the Secretary shall issue regulations or other guidance to carry out the purposes of this section, including regulations or other guidance for determining lifecycle greenhouse gas emissions.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of this section, referred to in subsecs. (c)(1)(A) and (f), is the date of enactment of Pub. L. 117–169, which was approved Aug. 16, 2022.

Amendments

2025—Subsec. (c)(3)(C). Pub. L. 119–21 substituted “
January 1, 2028” for “
January 1, 2033”. 2022—Subsec. (d)(3). Pub. L. 117–169, § 13204(a)(2), added par. (3). Subsec. (d)(4). Pub. L. 117–169, § 13204(a)(3), added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 117–169, title I, § 13204(a)(5), Aug. 16, 2022, 136 Stat. 1939, provided that: “(A) In general.—The

Amendments

made by paragraphs (1) [enacting this section] and (4) [amending section 38 of this title] of this subsection shall apply to hydrogen produced after December 31, 2022. “(B) Credit reduced for tax-exempt bonds.—The amendment made by paragraph (2) [amending this section] shall apply to facilities the

Construction

of which begins after the date of enactment of this Act [Aug. 16, 2022]. “(C) Modification of existing facilities.—The amendment made by paragraph (3) [amending this section] shall apply to modifications made after December 31, 2022.”

Reference

Citations & Metadata

Citation

26 U.S.C. § 45V

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110