Key Takeaways
- Clean fuel producers should have applied for Section 45Z Clean Fuel Production Tax Credit (PTC) registration by July 15, 2024, to avoid any delays—so any applications received after this date may impact your ability to claim the PTC starting January 1, 2025.
- Eligible clean fuels include low-GHG biodiesel, ethanol, renewable natural gas, and others; Sustainable Aviation Fuel (SAF) producers should obtain their certification from an unrelated party.
- Producers should register using Form 637 and adhere to new activity letters (CA for SAF and CN for non-SAF transportation fuels). Interim registration is allowed using the current form while the IRS updates the form for these changes.
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The Department of the Treasury and the IRS on May 31 issued Notice 2024-49 regarding the Clean Fuel Production Tax Credit (PTC) under Internal Revenue Code Section 45Z, added by the Inflation Reduction Act of 2022. The notice described the registration requirements and encouraged clean fuel producers to apply for registration by July 15, 2024, as the IRS expected a large volume of applications by taxpayers wishing to benefit from this tax credit. If you applied after this date, your ability to claim the credit starting in January 2025 may be hindered. The notice also stated that it is the intention of the Department of the Treasury and the IRS to issue additional guidance on other aspects of Section 45Z at a later date.
Background on the Credit
The Section 45Z Clean Fuel PTC incentivizes the domestic production of sustainable aviation fuel (SAF) and non-SAF transportation fuel. Eligible clean fuels produced after December 31, 2024, and before January 1, 2028, are eligible for a PTC for each gallon (or gallon equivalent) of fuel produced by the taxpayer and sold to an unrelated person.
If You Registered, Here’s What You Can Expect
If you qualified, you should have registered as a producer of clean fuel under Section 4101. For eligible production starting January 1, 2025, the signed registration letter must be received back from the IRS on or before January 1, 2025, for you to be eligible to claim the Section 45Z PTC.
Hopefully, you applied before the July 15, 2024, deadline, as applications received after this date may face processing delays that inhibit your ability to claim a Section 45Z PTC upon the commencement of your qualifying production.
The notice provides an example that if a taxpayer receives a letter of registration from the IRS dated June 30, 2025, the taxpayer may not claim the Section 45Z PTC on fuel produced and sold before June 30, 2025, even if all other Section 45Z statutory requirements have been met. In this instance, the taxpayer can only claim the Section 45Z PTC for eligible clean fuel produced and sold on or after June 30, 2025.
Qualified Fuels
In consultation with the Department of Energy, the Department of the Treasury and the IRS expect the following fuels may qualify as non-SAF transportation fuels:
- Low-GHG biodiesel
- Low-GHG butanol
- Low-GHG diesel fuel
- Low-GHG dimethyl ether
- Low-GHG ethanol
- Low-GHG gasoline
- Low-GHG hydrogen
- Low-GHG liquified petroleum gas (LPG)
- Low-GHG methanol
- Low-GHG natural gas
Largely anticipated by those in the renewable gas industry, the guidance confirms low-GHG natural gas includes renewable natural gas. The gas must meet the specifications of ASTM International D8080-21 and have an emissions rate that is not greater than 50 kg of CO2e per mmBTU.
Additionally, the guidance in Appendix A identifies feedstocks and feedstock types associated with the varieties of fuel that may qualify as transportation fuel. These include but are not limited to agricultural residue, biogas, biomass, ethanol, industrial byproducts, and mixed organic waste.
SAF Certification
For producers of SAF, a certification from an unrelated party demonstrating compliance with any general requirements, supply chain traceability, and information transmission established under CORSIA will be required. The Department of the Treasury noted that further guidance will be provided at a later date regarding the unrelated party certification.
Key Notes
- Depending on the type of transportation fuel, a taxpayer producing eligible clean fuel under Section 45Z may have additional registration obligations under Section 4101.
- In addition to the activity letters, applicants must provide additional detail for their planned qualified production.
How MGO Can Help
MGO’s team of tax and advisory professionals is well-versed in maneuvering the complexities of clean energy tax incentives, including the Section 45Z Clean Fuel Production Tax Credit. We can help you determine your eligibility, manage the whole registration process, and make sure you’re compliant with evolving IRS guidelines. Whether you require assistance with documentation, certification, or strategic planning to maximize the benefits of clean fuel initiatives, we’ll provide you with the support you need to achieve your sustainability and financial goals—with opportunities created by the Inflation Reduction Act and beyond.