Title 26Internal Revenue CodeRelease 119-73not60

§48B Qualifying Gasification Project Credit

Title 26 › Subtitle Subtitle A— Income Taxes › Chapter 1— NORMAL TAXES AND SURTAXES › Subchapter A— Determination of Tax Liability › Part IV— CREDITS AGAINST TAX › Subpart E— Rules for Computing Investment Credit › § 48B

Last updated Apr 5, 2026|Official source

Summary

Gives a tax credit equal to 20% of the money spent on certain gasification projects, or 30% if the project gets a special allocation for strong carbon capture. The credit applies to the cost of eligible equipment put into service that year if the taxpayer built it or bought it as the first user and can take depreciation on it. Key terms (one line each): qualifying gasification project — a project that uses gasification technology, is done by an eligible entity, and has part of its investment certified for credit (certified amount not to exceed $650,000,000); gasification technology — a process that turns coal, petroleum residue, biomass, or other recovered materials into synthesis gas (mainly carbon monoxide and hydrogen); eligible property — parts needed for the gasification process; biomass — agricultural or plant waste, wood/paper mill byproducts (including lignin), and forestry maintenance products, but not commonly recycled paper; carbon capture capability — a plant design able to accommodate equipment to capture CO2; coal — anthracite, bituminous, subbituminous, lignite, and peat; eligible entity — someone applying for a domestic project in fields like chemicals, fertilizers, glass, steel, petroleum residues, forest products, agriculture (including feedlots and dairies), or transportation fuels; petroleum residue — the carbonized product from heavy petroleum fractions. The Secretary of the Treasury, with the Energy Secretary, must set up a certification program within 180 days. The program can allocate up to $350,000,000 in credits plus $250,000,000 more for projects that capture and sequester at least 75% of their CO2. Certificates may be issued only during the 10 fiscal years starting October 1, 2005. Applicants must prove financial viability without extra federal money, show plans and market demand, use the identified fuels for at least 90% of project fuel needs, have a competent team, and meet other published rules. Priority goes to projects with higher CO2 capture and to those with research partnerships with eligible schools. No credit if the same investment already got a section 48A credit, and the Secretary must recapture credits if a project fails to meet the required CO2 separation/sequestration.

Full Legal Text

Title 26, §48B

Internal Revenue Code — Source: USLM XML via OLRC

(a)For purposes of section 46, the qualifying gasification project credit for any taxable year is an amount equal to 20 percent (30 percent in the case of credits allocated under subsection (d)(1)(B)) of the qualified investment for such taxable year.
(b)(1)For purposes of subsection (a), the qualified investment for any taxable year is the basis of eligible property placed in service by the taxpayer during such taxable year which is part of a qualifying gasification project—
(A)(i)the construction, reconstruction, or erection of which is completed by the taxpayer, or
(ii)which is acquired by the taxpayer if the original use of such property commences with the taxpayer, and
(B)with respect to which depreciation (or amortization in lieu of depreciation) is allowable.
(2)Rules similar to section 48(a)(4) (without regard to subparagraph (D) thereof) shall apply for purposes of this section.
(3)Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section.
(c)For purposes of this section—
(1)The term “qualifying gasification project” means any project which—
(A)employs gasification technology,
(B)will be carried out by an eligible entity, and
(C)any portion of the qualified investment of which is certified under the qualifying gasification program as eligible for credit under this section in an amount (not to exceed $650,000,000) determined by the Secretary.
(2)The term “gasification technology” means any process which converts a solid or liquid product from coal, petroleum residue, biomass, or other materials which are recovered for their energy or feedstock value into a synthesis gas composed primarily of carbon monoxide and hydrogen for direct use or subsequent chemical or physical conversion.
(3)The term “eligible property” means any property which is a part of a qualifying gasification project and is necessary for the gasification technology of such project.
(4)(A)The term “biomass” means any—
(i)agricultural or plant waste,
(ii)byproduct of wood or paper mill operations, including lignin in spent pulping liquors, and
(iii)other products of forestry maintenance.
(B)The term “biomass” does not include paper which is commonly recycled.
(5)The term “carbon capture capability” means a gasification plant design which is determined by the Secretary to reflect reasonable consideration for, and be capable of, accommodating the equipment likely to be necessary to capture carbon dioxide from the gaseous stream, for later use or sequestration, which would otherwise be emitted in the flue gas from a project which uses a nonrenewable fuel.
(6)The term “coal” means anthracite, bituminous coal, subbituminous coal, lignite, and peat.
(7)The term “eligible entity” means any person whose application for certification is principally intended for use in a domestic project which employs domestic gasification applications related to—
(A)chemicals,
(B)fertilizers,
(C)glass,
(D)steel,
(E)petroleum residues,
(F)forest products,
(G)agriculture, including feedlots and dairy operations, and
(H)transportation grade liquid fuels.
(8)The term “petroleum residue” means the carbonized product of high-boiling hydrocarbon fractions obtained in petroleum processing.
(d)(1)Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the Secretary of Energy, shall establish a qualifying gasification project program to consider and award certifications for qualified investment eligible for credits under this section to qualifying gasification project sponsors under this section. The total amounts of credit that may be allocated under the program shall not exceed—
(A)$350,000,000, plus
(B)$250,000,000 for qualifying gasification projects that include equipment which separates and sequesters at least 75 percent of such project’s total carbon dioxide emissions.
(2)A certificate of eligibility under paragraph (1) may be issued only during the 10-fiscal year period beginning on October 1, 2005.
(3)The Secretary shall not make a competitive certification award for qualified investment for credit eligibility under this section unless the recipient has documented to the satisfaction of the Secretary that—
(A)the award recipient is financially viable without the receipt of additional Federal funding associated with the proposed project,
(B)the recipient will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is spent efficiently and effectively,
(C)a market exists for the products of the proposed project as evidenced by contracts or written statements of intent from potential customers,
(D)the fuels identified with respect to the gasification technology for such project will comprise at least 90 percent of the fuels required by the project for the production of chemical feedstocks, liquid transportation fuels, or coproduction of electricity,
(E)the award recipient’s project team is competent in the construction and operation of the gasification technology proposed, with preference given to those recipients with experience which demonstrates successful and reliable operations of the technology on domestic fuels so identified, and
(F)the award recipient has met other criteria established and published by the Secretary.
(4)In determining which qualifying gasification projects to certify under this section, the Secretary shall—
(A)give highest priority to projects with the greatest separation and sequestration percentage of total carbon dioxide emissions, and
(B)give high priority to applicant participants who have a research partnership with an eligible educational institution (as defined in section 529(e)(5)).
(e)A credit shall not be allowed under this section for any qualified investment for which a credit is allowed under section 48A.
(f)The Secretary shall provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any project which fails to attain or maintain the separation and sequestration requirements for such project under subsection (d)(1).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The enactment of the Revenue Reconciliation Act of 1990, referred to in subsec. (b)(3), is the date of enactment of title XI of Pub. L. 101–508, which was approved Nov. 5, 1990. The date of the enactment of this section, referred to in subsec. (d)(1), is the date of enactment of Pub. L. 109–58, which was approved Aug. 8, 2005.

Amendments

2009—Subsec. (b)(2). Pub. L. 111–5 inserted “(without regard to subparagraph (D) thereof)” after “section 48(a)(4)”. 2008—Subsec. (a). Pub. L. 110–343, § 112(a), inserted “(30 percent in the case of credits allocated under subsection (d)(1)(B))” after “20 percent”. Subsec. (c)(7)(H). Pub. L. 110–343, § 112(e), added subpar. (H). Subsec. (d)(1). Pub. L. 110–343, § 112(b), substituted “shall not exceed—” for “shall not exceed $350,000,000 under rules similar to the rules of section 48A(d)(4).” and added subpars. (A) and (B). Subsec. (d)(4). Pub. L. 110–343, § 112(d), added par. (4). Subsec. (f). Pub. L. 110–343, § 112(c), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 2009 AmendmentAmendment by Pub. L. 111–5 applicable to periods after Dec. 31, 2008, under rules similar to the rules of section 48(m) of this title as in effect on the day before Nov. 5, 1990, see section 1103(c)(1) of Pub. L. 111–5, set out as a note under section 25C of this title.

Effective Date

of 2008 Amendment Pub. L. 110–343, div. B, title I, § 112(f), Oct. 3, 2008, 122 Stat. 3824, provided that: “The

Amendments

made by this section [amending this section] shall apply to credits described in section 48B(d)(1)(B) of the Internal Revenue Code of 1986 which are allocated or reallocated after the date of the enactment of this Act [Oct. 3, 2008].”

Effective Date

Section applicable to periods after Aug. 8, 2005, under rules similar to the rules of section 48(m) of this title, as in effect on the day before Nov. 5, 1990, see section 1307(d) of Pub. L. 109–58, set out as an

Effective Date

of 2005 Amendment note under section 46 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 48B

Title 26Internal Revenue Code

Last Updated

Apr 5, 2026

Release point: 119-73not60