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The Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued a proposed rule on February 4, 2026, regarding the clean fuel production credit enacted by the Inflation Reduction Act of 2022 and amended by the One, Big, Beautiful Bill Act (OBBBA). 91 Fed. Reg. 5160. The proposed regulations would provide rules for determining clean fuel production credits, including credit eligibility rules, emissions rates, and certification and registration requirements. In addition, the proposed regulations would amend three sets of final regulations — the elective payment election regulations and the credit transfer election regulations, to clarify language relating to ownership of clean fuel production facilities, and the federal excise tax registration regulations — to make them clearer and more consistent with the clean fuel production credit registration requirements in these proposed regulations. The proposed regulations would affect domestic producers of clean transportation fuel, taxpayers that may claim a credit for a related producer's fuel, and excise tax registrants. Comments are due April 6, 2026. A public hearing will be held May 28, 2026, at 10:00 a.m. (EDT). Requests to speak and outlines of topics to be discussed at the public hearing are due April 6, 2026. If no outlines are received by April 6, 2026, the public hearing will be cancelled. Requests to attend the public hearing must be received by 5:00 p.m. (EDT) on May 26, 2026.
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