The "45Q Repeal Act of 2025" eliminates the tax credit for carbon oxide sequestration and updates related sections of the tax code, but maintains considerations for captured carbon dioxide in emissions calculations for electricity production.
Scott Perry
Representative
PA-10
The "45Q Repeal Act of 2025" eliminates the carbon oxide sequestration credit (Section 45Q) from the Internal Revenue Code starting in 2026. It also updates related sections of the tax code to reflect this repeal. An amendment to Section 45Y(b)(2)(D) ensures captured carbon dioxide that is securely stored or utilized will not be included in a facility's emissions calculations, and directs the Secretary to establish regulations for secure geological storage of qualified carbon oxide.
The "45Q Repeal Act of 2025" flat-out eliminates the tax credit for carbon oxide sequestration, currently under Section 45Q of the Internal Revenue Code. This change takes effect for tax years starting after December 31, 2025. Basically, the government's pulling back on financial incentives for companies to capture and store carbon emissions.
The core of this bill is the repeal of Section 45Q. That section provided a tax break for companies that captured carbon oxide and either stored it securely underground or used it in specific ways (like enhanced oil recovery, but with strict rules). By removing this credit, the bill changes the financial calculus for these projects. The bill also cleans up the tax code, removing references to 45Q in sections like 38, 45V, 48, and others. Think of it like removing outdated links from a website after a major redesign.
But here's a twist: While the credit is gone, the bill keeps some language about how captured carbon dioxide affects emissions calculations for power plants. Specifically, Section 45Y(b)(2)(D) says that if you capture carbon dioxide and either store it securely or "utilize" it according to the old 45Q rules, it doesn't count toward your emissions. This is like saying, "If you clean up your mess according to the old rulebook, we won't count the mess against you."
Imagine a power plant that was considering investing in carbon capture technology to get the 45Q tax credit. Now, that financial incentive is gone. This could mean fewer power plants choose to adopt this tech, potentially leading to higher overall emissions. On the flip side, the bill does tell the Secretary (likely of the Treasury, in consultation with the EPA, Energy, and Interior) to create regulations for "secure geological storage" of carbon oxide, referencing the old 45Q(c) definition. (SEC. 2.) So, while the carrot is gone, the stick of regulation might still be there, or even get stronger.
For a company that transports or uses captured CO2, the repeal of 45Q is significant. For example, if you are a company that transports CO2 via pipeline, this might impact your business. Fewer carbon capture projects could mean less demand for your services. However, the continued emphasis on "secure geological storage" in the regulations could create new business opportunities if it leads to stricter standards and more demand for specialized storage facilities.
The big question is: Will removing the tax credit actually lead to more carbon in the atmosphere? It depends on whether the new regulations around storage are strong enough to offset the loss of the financial incentive. It's like taking away a reward for recycling but then making the rules about trash disposal stricter. The outcome depends on how strict those new rules are, and how well they're enforced.