Page 30 - IRS Business Tax Credits Guide
P. 30

Page 5 of 7
                          Fileid: … ions/i8835/2022/a/xml/cycle05/source
         The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
         produced by an applicable percentage based on the      Specific Instructions      12:28 - 3-Feb-2023
         resulting lifecycle greenhouse gas emissions as follows.
                                                                Figure any renewable electricity credit from your trade or
         Applicable Amount                                      business on lines 1 through 18. Skip lines 1 through 18 if
                                                                you are only claiming a credit that was allocated to you
          Kgs of CO2e Produced (per kg of   Applicable   Credit (per kg of   from an S corporation, partnership, cooperative, estate, or
          qualified clean hydrogen)  Percentage (%)  qualified clean   trust.
                                               hydrogen)
                    <0.45             100%         $0.60        Fiscal year taxpayers.  If you have sales in 2022 and
                   0.45 to 1.5         33.4%       $0.20        2023 and the credit rate on line 1 or 2 (or the phaseout
                                                                adjustment on line 4) is different for 2023, make separate
                    1.5 to 2.5        25%          $0.15        calculations for each line. Use the respective sales, credit
                    2.5 to 4.0        20%          $0.12        rate, and phaseout adjustment for each calendar year.
            The $0.60 amount is adjusted by multiplying the     Enter the total of the two calculations on the credit rate
                                                                line(s) (line 1 or 2) or the phaseout adjustment line (line 4).
         amount by the inflation adjustment factor for the calendar   Attach the calculations to Form 8835 and write “FY” in the
         year in which the qualified clean hydrogen is produced. If   margin. If you are claiming the section 45V clean
         this adjusted amount is not a multiple of 0.1 cent, the   hydrogen credit, use line 8. Use line 6 to report
         amount must be rounded to the nearest multiple of 0.1   adjustments to the credit.
         cent.
            In the case of any hydrogen for which an emissions   Line 1
         rate has not been determined, a taxpayer producing such   Enter the kilowatt-hours of electricity produced at the
         hydrogen may file a petition with the Secretary of the   applicable qualified facilities and multiply by the
         Treasury or delegate to determine the emissions rate with   applicable rate. Fiscal year filers with 2023 sales may
         respect to such hydrogen.                              have to refigure line 1 as explained under Fiscal year
         Requirements.  A facility meets the requirements of a   taxpayers above.
         qualified clean hydrogen production facility if one of the   Line 2
         following is satisfied.
          • The construction begins prior to the date that is 60 days   Enter the kilowatt-hours of electricity produced and sold at
         after the Secretary of the Treasury publishes guidance   the applicable qualified facilities and multiply by the
                                                                applicable rate. Fiscal year filers with 2023 sales must
         with respect to the wage and apprenticeship            figure line 2 as explained under Fiscal year taxpayers
         requirements.                                          above.
          • The prevailing wage and apprenticeship requirements
         with respect to the construction, alteration, or repair of the   Line 4
         qualified clean hydrogen facility are met.
                                                                Calendar year filers enter zero on line 4. Fiscal year filers
         Definitions for Clean Hydrogen                         with sales in 2023 also enter zero if the published 2023
         The following definitions apply for qualified clean    reference price is equal to or less than the 2023 adjusted
                                                                threshold price. See How To Figure the Credit, earlier, to
         hydrogen.                                              figure the adjustment.
            Lifecycle greenhouse gas emissions has the same
         meaning given such term under subparagraph (H) of      Line 6
         section 211(o)(1) of the Clean Air Act.                Enter the amount for all adjustments necessary for the
            Qualified clean hydrogen means hydrogen that is     renewable electricity and/or the section 45V clean
                                                                hydrogen credit related to IRA22. Enter any adjustments
         produced through a process that results in a lifecycle   related to the credit increase such as the wage and
         greenhouse gas emissions rate of not greater than 4    apprenticeship requirements, domestic content
         kilograms of CO2e per kilogram of hydrogen.            requirement, energy community, etc. Attach a statement

         Qualified Clean Hydrogen Production Facility           showing the calculations. Fiscal year filers attach the
         A qualified clean hydrogen facility means a facility owned   statement showing the calculations and write “FY” in the
                                                                margin.
         by a taxpayer, which produces qualified clean hydrogen,
         and the construction of which begins before 2033.      Line 7
         Wage Requirements                                      This line is reserved for future use.
         See Prevailing Wage Requirements and Notice 2022-61    Line 8
         for more information.                                  Enter the amount for claiming the credit from a qualified
         No overlap with 45Q credits.  No credit will be allowed   clean hydrogen production facility. Enter any related
         with respect to any qualified clean hydrogen produced at   IRA22 adjustments to other credits on line 1 or 2. Attach a
         a facility which includes carbon capture equipment for   statement showing the calculations. Fiscal year filers
         which a credit is allowed to any taxpayer under section   attach the statement showing the calculations and write
         45Q for the tax year or any prior tax year.            “FY” in the margin.




         Instructions for Form 8835 (2022)                   -5-
   25   26   27   28   29   30   31   32   33   34   35