Internal Revenue Code · 26 U.S.C.
§ 45V. Credit for production of clean hydrogen
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. § 45V
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
- 6 subsections · 1,448 words · about 6 min to read
- Defines
- 3 terms
- Cross-references
- cites 5; cited by 6 Code sections and 7 other regulations
- Regulations
- 7 issued under this section
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.
Subject to subparagraph (B), the term “lifecycle greenhouse gas emissions” has the same meaning given such term under subparagraph (H) of section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)), as in effect on the date of enactment of this section.
The term “lifecycle greenhouse gas emissions” shall only include emissions through the point of production (well-to-gate), as determined under the most recent Greenhouse gases, Regulated Emissions, and Energy use in Transportation model (commonly referred to as the “GREET model”) developed by Argonne National Laboratory, or a successor model (as determined by the Secretary).
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.
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.
Rules similar to the rules section 45(e)(3) shall apply for purposes of this section.
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.
Rules similar to the rule under section 45(b)(3) shall apply for purposes of this section.
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.
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.
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.
(Added and amended Pub. L. 117–169, title I, § 13204(a)(1)–(3), Aug. 16, 2022, 136 Stat. 1936, 1938, 1939; Pub. L. 119–21, title VII, § 70511, 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 § 45V
- § 1.45V-0 Table of contents.
- § 1.45V-1 Credit for production of clean hydrogen.
- § 1.45V-2 Special rules.
- § 1.45V-3 Rules relating to the increased credit amount for prevailing wage and apprenticeship.
- § 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.
- § 1.45V-6 Rules for determining the placed in service date for an existing facility that is modified or retrofitted to produce qualified clean hydrogen.
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 5 other sections
- § 38 General business credit
- § 45(e)(2) Electricity produced from certain renewable resources, etc.
- § 211 Allowance of deductions
- § 638(1) Continental shelf areas
- § 45Q Credit for carbon oxide sequestration
Cited by 6 Code sections
- § 38(b)(36) General business credit
- § 45(e)(13)(A) Electricity produced from certain renewable resources, etc.
- § 45Z(d)(4)(B)(i) Clean fuel production credit
- § 48(a)(15)(A)(ii)(I) Energy credit
- § 6417(b)(5) Elective payment of applicable credits
- § 6418(f)(1)(A)(v) Transfer of certain credits
Cited in 7 regulations not issued under it
- § 1.48-15 Election to treat clean hydrogen production facility as energy property.
- § 1.6417-1 Elective payment election of applicable credits.
- § 1.6417-2 Rules for making elective payment elections.
- § 1.6417-3 Special rules for electing taxpayers.
- § 1.6417-4 Elective payment election for electing taxpayers that are partnerships or S corporations.
- § 1.6418-1 Transfer of eligible credits.
- § 1.6418-2 Rules for making transfer elections.
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
- § 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
- § 45Z Clean fuel production credit
Official notes
Show the Law Revision Counsel's notes (amendments, effective dates)
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.”