(e) 3rd party verification -(1) Overall. Regarding good taxpayer that makes an election not as much as point forty eight(a)(15)(C)(ii)(II) to relieve any certified possessions that’s part of a selected clean hydrogen development business because time property getting reason for the part forty eight credit, brand new taxpayer have to obtain a yearly verification declaration with the nonexempt season where the election less than area forty eight(a)(15)(C)(ii)(II) is good for the new studio and for for each nonexempt seasons after that from inside the recapture period specified for the section (f)(3) for the point. The new taxpayer also needs to submit the fresh new yearly verification report just like the a keen attachment on Mode 3468, Capital Credit, otherwise people replacement function(s), on the taxable 12 months where in actuality the election around part forty eight(a)(15)(C)(ii)(II) is made for brand new studio.
Regarding people possessions placed in services shortly after , for which structure first started ahead of , this new election less than point forty eight(a)(15)(C)(ii)(II) can be applied merely to the newest the quantity of one’s foundation of these assets that is attributable to structure, repair, otherwise erection taking place after
(2) Annual verification statement -(i) Generally speaking. To possess reason for paragraph (e)(1) of the part, brand new yearly confirmation declaration need to be closed less than punishment out of perjury of the an experienced verifier (since discussed when you look at the step one.45V5(h)) and you will contain a keen attestation taking all pursuing the-
(B) A statement attesting towards lifecycle GHG emissions rate (determined less than point 45V(c) and you will 1.45V4) of one’s hydrogen put in the given brush hydrogen development facility into taxable season to which the brand new annual verification report applies and this the latest procedure, through the including taxable 12 months, of the given clean hydrogen creation business, and you will people energy attribute licenses (EACs) applied pursuant in order to step 1.45V4(d) with regards to bookkeeping to own such as facility’s emissions, try truthfully reflected regarding analysis your taxpayer entered with the the newest Greet design (since the laid out during the 1.45V1(a)(8)(ii)) (or your taxpayer offered to the latest Service of time (DOE) meant for new taxpayer’s request for a pollutants worthy of), to choose the lifecycle GHG pollutants speed of one’s hydrogen undergoing verification; and
(C) An announcement attesting your facility produced hydrogen because of a process you to leads to a beneficial lifecycle GHG pollutants speed which is consistent having, or below, new lifecycle GHG pollutants price of your own hydrogen you to instance facility was designed and anticipated to build.
(ii) Disagreement attestation in the example of a move election. In the event that a transfer election has been made not as much as point 6418(a) of Code with respect to the section 48 borrowing from the bank to own a selected clean hydrogen production facility, next a dispute attestation that features all the information given inside the 1.45V5(e)(1), should be fashioned with admiration for the accredited verifier’s liberty away from both the eligible taxpayer (while the defined in the part 6418(f)(2) and step one.64181(b)) and also the transferee taxpayer (because discussed inside area 6418(a) and you may laid out during the step 1.64181(m)), and you can instead reference to the prerequisites around step 1.45V5(e)(2).
(iii) Contradictory lifecycle GHG pollutants. In the event the business provides hydrogen through a procedure that contributes to good lifecycle GHG pollutants speed which is more than the newest lifecycle GHG emissions price that eg facility was made and you can likely to develop (and thus the newest certified verifier never supply the attestation given inside section (e)(2)(i)(C) regarding the area), leading to a reduced energy fee lower than point 48(a)(15)(A)(ii) in terms of particularly facility, a pollutants level recapture event lower than paragraph (f)(2) for the part arise.
