New hydrogen tax rules face uncertain future

By Nico Portuondo | 01/06/2025 06:33 AM EST

Democrats and their allies welcomed the Treasury Department’s final guidance, but Republicans may intervene.

Sen. Shelley Moore Capito (R-W.Va.) looks on alongside colleagues.

Incoming Senate Environment and Public Works Chair Shelley Moore Capito (R-W.Va.) says her party may not spare hydrogen tax credits crafted by Democrats. Francis Chung/POLITICO

The Biden administration finalized long-awaited tax guidance Friday for the production of “clean” hydrogen, but the lasting impact — and even survival — of the credits may come down to Hill Republicans.

After intense lobbying, Democrats appear pleased with how the Treasury Department plans to implement the Inflation Reduction Act incentives. But that may not matter.

Even though Republicans have not pointed to the hydrogen incentives as a priority for repeal, Senate Environment and Public Works Chair Shelley Moore Capito (R-W.Va.) said it’s not off the table.

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“I don’t think [the hydrogen tax credit] is one of the targets at this point, but I think everything will be on the table,” said Capito. “We’ll have to see.”

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