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B-332871 1 (2021-01-28)

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                    1O     o -  U.S. GOVERNMENT ACCOUNTABILITY OFFICE
                    G A0        A Century of Non-Partisan Fact-Based Work
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B-332871



January 28, 2021

Chair
Ranking Member
Committee  on Finance
United States Senate

The Honorable  Richard Neal
Chairman
The Honorable  Kevin Brady
Republican Leader
Committee  on Ways  and Means
House  of Representatives

Subject: Department of the Treasury, Internal Revenue Service: Credit for Carbon Oxide
         Sequestration

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major
rule promulgated by the Department of the Treasury, Internal Revenue Service (IRS)
entitled Credit for Carbon Oxide Sequestration (RIN: 1545-BP42). We received the rule
on January 15, 2021. It was published in the Federal Register as final regulations on
January 15, 2021. 86 Fed. Reg. 4728. The  stated effective date of the rule is January 13,
2021.

IRS states the final rule provides guidance regarding the credit for carbon oxide
sequestration under section 45Q of the Internal Revenue Code, as amended by the
Bipartisan Budget Act of 2018. 26 U.S.C. § 45Q. According to IRS, this rule provides
procedures to determine adequate security measures for the geological storage of qualified
carbon oxide, exceptions to the general rule for determining the taxpayer to which a section
45Q  credit is attributable, procedures for a taxpayer to make an election to allow third-party
taxpayers to claim the section 45Q credit, standards for measuring utilization of qualified
carbon oxide, and rules for credit recapture. IRS states that this rule affects persons who
physically or contractually ensure the capture and disposal of qualified carbon oxide, use of
qualified carbon oxide as a tertiary injectant in a qualified enhanced oil or natural gas
recovery project, or utilization of qualified carbon oxide in a manner that qualifies for the
credit.

The Congressional Review  Act (CRA) requires a 60-day delay in the effective date of a
major rule from the date of publication in the Federal Register or receipt of the rule by


B-332871

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