Internal Revenue Code · 26 U.S.C.
§ 45U. Zero-emission nuclear power production credit
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 45U
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Added
- August 16, 2022 by Pub. L. 117–169
- Last amended
- July 4, 2025 by Pub. L. 119–21
- Amendments
- 1 dated changes in the source credit
- Length
- 5 subsections · 1,004 words · about 4 min to read
- Defines
- 4 terms
- Cross-references
- cites 4; cited by 4 Code sections and 8 other regulations
- Regulations
- 1 issued under this section
Subject to clause (iii), the amount determined under subparagraph (A)(ii)(I) shall include any amount received by the taxpayer during the taxable year with respect to the qualified nuclear power facility from a zero-emission credit program. For purposes of determining the amount received during such taxable year, the taxpayer shall take into account any reductions required under such program.
For purposes of this subparagraph, the term “zero-emission credit program” means any payments with respect to a qualified nuclear power facility as a result of any Federal, State or local government program for, in whole or in part, the zero-emission, zero-carbon, or air quality attributes of any portion of the electricity produced by such facility.
For purposes of clause (i), any amount received by the taxpayer from a zero-emission credit program shall be excluded from the amount determined under subparagraph (A)(ii)(I) if the full amount of the credit calculated pursuant to subsection (a) (determined without regard to this subparagraph) is used to reduce payments from such zero-emission credit program.
For purposes of this section, the term “electricity” means the energy produced by a qualified nuclear power facility from the conversion of nuclear fuel into electric power.
The 0.3 cent amount in subsection (a)(1)(A) and the 2.5 cent amount in subsection (b)(2)(A)(ii)(II)(aa) shall each be adjusted by multiplying such amount by the inflation adjustment factor (as determined under section 45(e)(2), as applied by substituting “calendar year 2023” for “calendar year 1992” in subparagraph (B) thereof) for the calendar year in which the sale occurs. If the 0.3 cent amount as increased under this paragraph is not a multiple of 0.05 cent, such amount shall be rounded to the nearest multiple of 0.05 cent. If the 2.5 cent amount as increased under this paragraph is not a multiple of 0.1 cent, such amount shall be rounded to the nearest multiple of 0.1 cent.
Rules similar to the rules of paragraphs (1), (3), (4), (5), and (13) of section 45(e) shall apply for purposes of this section.
No credit shall be determined under subsection (a) for any taxable year beginning after the date of enactment of this paragraph if the taxpayer is a specified foreign entity (as defined in section 7701(a)(51)(B)).
No credit shall be determined under subsection (a) for any taxable year beginning after the date which is 2 years after the date of enactment of this paragraph if the taxpayer is a foreign-influenced entity (as defined in section 7701(a)(51)(D), without regard to clause (i)(II) thereof).
In the case of any qualified nuclear power facility which satisfies the requirements of paragraph (2)(A), the amount of the credit determined under subsection (a) shall be equal to such amount (as determined without regard to this sentence) multiplied by 5.
The requirements described in this subparagraph with respect to any qualified nuclear power facility are that the taxpayer shall ensure that any laborers and mechanics employed by the taxpayer or any contractor or subcontractor in the alteration or repair of such facility shall be paid wages at rates not less than the prevailing rates for 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.
Rules similar to the rules of section 45(b)(7)(B) shall apply.
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.
(Added and amended Pub. L. 117–169, title I, §§ 13105(a), 13204(b)(2), Aug. 16, 2022, 136 Stat. 1929, 1940; Pub. L. 119–21, title VII, § 70510(a), July 4, 2025, 139 Stat. 252.)
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
Regulations under this section
Treasury regulations (26 CFR) issued under § 45U
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 4 other sections
- § 38 General business credit
- § 45J Credit for production from advanced nuclear power facilities
- § 45(e)(2) Electricity produced from certain renewable resources, etc.
- § 7701(a)(51)(B) Definitions
Cited by 4 Code sections
- § 38(b)(34) General business credit
- § 48E(b)(3)(C)(iv) Clean electricity investment credit
- § 6417(b)(4) Elective payment of applicable credits
- § 6418(f)(1)(A)(iv) Transfer of certain credits
Cited in 8 regulations not issued under it
- § 1.45V-0 Table of contents.
- § 1.45V-4 Procedures for determining lifecycle greenhouse gas emissions rates for qualified clean hydrogen.
- § 1.45V-5 Procedures for verification of qualified clean hydrogen production and sale or use.
- § 1.45Y-4 Rules of general application.
- § 1.48E-4 Rules of general application.
- § 1.6417-1 Elective payment election of applicable credits.
- § 1.6417-2 Rules for making elective payment elections.
- § 1.6418-1 Transfer of eligible credits.
Amendment history
From the source credit and the official notes, newest first.
Where it sits in the Code
- 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
Nearby sections
- § 45Q Credit for carbon oxide sequestration
- § 45R Employee health insurance expenses of small employers
- § 45S Employer credit for paid family and medical leave
- § 45T Auto-enrollment option for retirement savings options provided by small employers
- § 45U Zero-emission nuclear power production credit
- § 45V Credit for production of clean hydrogen
- § 45W Credit for qualified commercial clean vehicles
- § 45X Advanced manufacturing production credit
- § 45Y Clean electricity production credit
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (b)(1)(C), is the date of enactment of Pub. L. 117–169, which was approved Aug. 16, 2022.
The date of enactment of this paragraph, referred to in subsec. (c)(3), is the date of enactment of Pub. L. 119–21, which was approved July 4, 2025.
Amendments
2025—Subsec. (c)(3). Pub. L. 119–21 added par. (3).
2022—Subsec. (c)(2). Pub. L. 117–169, § 13204(b)(2), substituted “(5), and (13)” for “and (5)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–21, title VII, § 70510(b), July 4, 2025, 139 Stat. 252, provided that: “The amendments made by this section [amending this section] shall apply to taxable years beginning after the date of enactment of this Act [July 4, 2025].”
Effective Date of 2022 Amendment
Amendment by section 13204(b)(2) of Pub. L. 117–169 applicable to electricity produced after Dec. 31, 2022, see section 13204(b)(3) of Pub. L. 117–169, set out as a note under section 45 of this title.
Effective Date
Pub. L. 117–169, title I, § 13105(c), Aug. 16, 2022, 136 Stat. 1931, provided that: “This section [enacting this section and amending section 38 of this title] shall apply to electricity produced and sold after December 31, 2023, in taxable years beginning after such date.”