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Future of Carbon Capture Looks Bright After Treasury Proposes Long-Awaited Regulations

2020
News/Commentary
Latham & Watkins
Federal Policy/Guidance
Carbon Dioxide Removal → Direct Air Capture
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
Enhanced Oil Recovery
Download PDF

Summary/Abstract

Law firm commentary on the proposed Treasury Department regulations addressing many remaining issues applicable to the tax credit for CCS under Section 45Q.

Key Points:

  • These rules are the third in a series of regulatory guidance issued by the IRS and are intended to propel the growth of the carbon capture and sequestration industry in the US.
  • The guidance, issued in proposed form, covers topics of great importance to the industry, including how to comply with the secure geological storage requirement, how to transfer the tax credits from the capturing party to the sequestering party, and the scope of potential tax credit recapture in the event of a leak of carbon oxide.
  • Industry participants have until August 3, 2020, to comment on certain key aspects of the proposed regulations, including the definition of “commercial markets.”
  • For geological storage of carbon oxide through enhanced oil recovery, the IRS created the option to establish “secure geological storage” by following one of two permissible methods.

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