link to page 1 
 
 
March 12, 2020
The Tax Credit for Carbon Sequestration (Section 45Q)
Carbon capture and sequestration technologies can reduce 
coal seams.” Tax credits claimed for captured and 
greenhouse gas (GHG) emissions from coal- and natural-
sequestered carbon oxide may be recaptured, meaning the 
gas-fired power plants, as well as other large industrial 
taxpayer has to return the amount of the tax credit to the 
sources. The tax credit for carbon oxide sequestration 
Treasury if the carbon oxide ceases to be captured, disposed 
(Internal Revenue Code [IRC] Section 45Q) is intended to 
of, or used in a qualifying manner (i.e., if it escapes into the 
promote investment in carbon capture and sequestration.  
atmosphere). 
What Is Carbon Sequestration? 
Table 1. Key Elements of the Section 45Q Credit 
Geological sequestration of carbon is primarily the process 
Equipment Placed in 
of storing carbon oxides by injecting them into underground 
Equipment Placed in 
Service on 2/9/2018 or 
geological formations. Usually this process involves carbon 
Service Before 2/9/2018 
Later 
dioxide (CO2), although sequestration of other carbon 
Credit Amount (per Metric Ton of CO
oxides (e.g., carbon monoxide) is also possible. Geological 
2)* 
sequestration is the final step in a Carbon Capture, 
Geologically Sequestered CO2  
Utilization, and Storage (CCUS) system. Geological 
$23.40 in 2019. 
$28.74 in 2019. 
sequestration is intended to permanently trap CO2 emitted 
Inflation-adjusted annually. 
Increasing to $50 by 2026, 
from stationary anthropogenic sources, such as power 
then inflation-adjusted. 
plants or industrial facilities, thereby reducing net emissions 
Geologically Sequestered CO2 with EOR 
of this GHG into the atmosphere. CO2 can also be stored 
underground when injected for enhanced oil recovery 
$11.70 in 2019. 
$17.76 in 2019. 
(EOR) from aging oil fields, a process used in the United 
Inflation-adjusted annually. 
Increasing to $35 by 2026, 
States since the 1970s. Currently, CO
then inflation-adjusted. 
2 used for EOR comes 
predominantly from natural underground CO2 reservoirs, 
Other Qualified Use of CO2 
although small quantities also come from anthropogenic 
None. 
$17.76 in 2019. 
sources. 
Increasing to $35 by 2026, 
then inflation-adjusted. 
An emerging technology to capture CO2 directly from the 
Claim Period 
atmosphere—“direct air capture” (DAC)—could also serve 
as a source of CO
Available until 75 mil ion tons 
12-year period once facility is 
2 for geological sequestration or EOR. For 
additional information on the technical aspects of CCUS, 
of CO2 have been captured 
placed in service. 
see CRS Report R44902, Carbon Capture and 
and sequestered. 
Sequestration (CCS) in the United States, by Peter Folger. 
Qualifying Facilities 
The Sequestration Tax Credit (45Q) 
Capture carbon after 
Begin construction before 
10/3/2008. 
1/1/2024. 
The tax credit for carbon oxide sequestration—often 
Annual Capture Requirements  
referred to using its IRC section, 45Q—is computed per 
metric ton of qualified carbon oxide captured and 
Capture at least 500,000 
Power plants: 
sequestered. (Before 2018, the tax credit was exclusively 
metric tons. 
capture at least 500,000 
for CO2.) The amount of the credit, as well as various 
metric tons. 
features of the credit, depend on when the qualifying 
Facilities that emit no more than 
capture equipment was placed in service (Table 1). The 
500,000 metric tons per year: 
Bipartisan Budget Act of 2018 (P.L. 115-123), which was 
capture at least 25,000 metric 
signed into law on February 9, 2018, made numerous 
tons. 
changes to the Section 45Q tax credit, as discussed below. 
DAC and other capture facilities: 
capture at least 100,000 
For the purposes of the tax credit, qualified carbon oxide is 
metric tons. 
that which would have been released into the atmosphere if 
Eligibility to Claim Credit 
not for the qualifying equipment. To claim a tax credit for 
emissions, the emissions must be measured at the point of 
Person who captures and 
Person who owns the capture 
capture as well as point of disposal, injection, or other use. 
physically or contractually 
equipment and physically or 
If the captured carbon oxide is being stored, it must be 
ensures the disposal, 
contractually ensures the 
disposed of in “secure geological storage.” Per IRC Section 
utilization, or use as a tertiary 
disposal, utilization, or use as a 
45Q, secure geological storage includes “storage at deep 
injectant of the CO2. 
tertiary injectant of the CO2. 
saline formations, oil and gas reservoirs, and unminable 
Source: CRS analysis of IRC Section 45Q. 
https://crsreports.congress.gov 
 link to page 1 The Tax Credit for Carbon Sequestration (Section 45Q) 
*After 2017, the credit can be claimed for al  carbon oxides, not just 
At this time, no large-scale commercial sequestration 
CO2. “CO2” is used throughout the table for simplification. 
projects are operating and injecting large volumes of CO2 
for the sole purpose of geologic sequestration. The Petra 
CO2 captured using equipment placed in service before 
Nova facility in Texas is the first operating industrial-scale 
February 9, 2018, may qualify for tax credits until tax 
coal-fired electricity generating plant with a CCS system in 
credits have been claimed for 75 million metric tons of 
the United States. The captured CO
CO
2 is transported by 
2. In May 2019, the Internal Revenue Service (IRS) 
pipeline to an oil field where it is injected for EOR. 
reported that the credit had been claimed for nearly 63 
million metric tons, or 84% of the limit.  
For the near future, CCS projects will likely continue to 
Legislative Background 
capture CO2 for EOR, in part to generate revenue and offset 
the costs of capture. CCS projects will also likely involve 
A credit for CO2 sequestration was added to the tax code in 
coal- and natural-gas-fired power plants, although 
the Energy Improvement and Extension Act of 2008, 
Department of Energy R&D could help expand CCS at 
enacted as Division B of P.L. 110-343. The legislation 
industrial facilities that emit CO
included several provisions designed to encourage cleaner, 
2, such as fertilizer 
production plants, steel plants, or hydrogen and other 
more efficient, and environmentally responsible use of coal 
chemical production facilities. 
specifically and GHG emissions reductions broadly.  
Issues for Congress 
The Bipartisan Budget Act of 2018 (P.L. 115-123) 
Industry stakeholders and lawmakers have expressed 
expanded and extended the 45Q tax credit. Key changes 
concern regarding the lack of guidance and regulations 
included (Table 1): (1) a larger credit amount; (2) a start-
related to implementation of the tax credit. The IRS issued 
of-construction deadline and 12-year claim period instead 
guidance in February 2020 related to determining the start-
of the 75 million metric ton cap; (3) allowing the credit for 
of-construction deadline and the allocation of credits among 
use of CO2 in addition to EOR and for DAC, as well as 
project partners. This guidance did not address issues 
allowing smaller facilities to claim the credit; and (4) 
related to determining secure geological storage or tax 
allowing owners of carbon capture equipment to claim tax 
credit recapture. 
credits instead of the person capturing the CO2, which 
creates flexibility in ownership structures facilitating tax-
Three bills in the 116th Congress—H.R. 5166, H.R. 5883, 
equity investment.  
and S. 2263—would modify the 45Q tax credit. H.R. 5166 
Cost Estimates 
would extend the start-of-construction deadline for one year 
until January 1, 2025. H.R. 5883 would increase the tax 
Tax expenditure estimates, or estimates of the amount of 
revenue foregone due to taxpayers’ ability to claim the tax 
credit for DAC facilities, remove the start-of-construction 
deadline, and reduce the amount of carbon oxide required to 
credit, provide information on the “cost” of the Section 45Q 
be captured by DAC facilities. S. 2263 would amend 
tax credit. In December 2019, the Joint Committee on 
Section 45Q, by changing what is considered “secure 
Taxation’s (JCT) estimated that the tax expenditure 
geological storage” of carbon oxide. To qualify as secure 
associated with the Section 45Q credit would be less than 
storage, the carbon oxide would need to be stored in 
$50 million per year through 2023 (the de minimis amount), 
compliance with existing EPA rules, the Clean Air Act, and 
or about $0.1 billion over the five-year period spanning 
the Safe Drinking Water Act. S. 2263 would also set out 
2019-2023. The Department of the Treasury’s Section 45Q 
eligibility requirements for tax credits for carbon oxide 
tax expenditure estimates, published in February 2020, are 
greater than JCT’s at $0.6 billion over the 2019
storage associated with EOR. 
-2023 five-
year period, or $2.3 billion from 2020-2029, suggesting an 
Recent discussions have revealed differing perspectives in 
increase in tax credit claims in later years. The variation in 
Congress regarding tax credits for EOR, which some view 
these estimates reflects, in part, uncertainty regarding the 
as subsidizing the continued development and use of fossil 
speed of CCUS deployment.  
fuels. Tax policy is one potential policy option for 
CCUS in the United States 
supporting CCUS through reducing project cost. Congress 
may consider these policies in conjunction with other 
To date in the United States, nine projects have injected 
legislative options such as CCUS R&D and appropriations 
large volumes (i.e., at least 1 million tons each) of CO2 into 
to agencies and programs involved in CCUS. For 
underground formations as part of CCUS systems or related 
discussion of other policy options and legislative proposals, 
EOR research and development (R&D) projects. Four of 
see CRS Report R46192, Injection and Geologic 
these projects are currently injecting and storing CO2. Two 
Sequestration of Carbon Dioxide: Federal Role and Issues 
projects—a hydrogen production facility in Texas and a 
for Congress, by Angela C. Jones.  
natural gas processing facility in Michigan—are injecting 
CO2 for EOR. The Illinois Industrial Carbon Capture and 
Storage Project is injecting CO
Angela C. Jones, Analyst in Environmental Policy   
2 from an ethanol production 
plant for geologic sequestration into an onsite sandstone 
Molly F. Sherlock, Specialist in Public Finance   
formation. All of these projects operate through 
IF11455
collaborations among the Department of Energy, industry, 
and local research institutions.  
 
 
https://crsreports.congress.gov 
The Tax Credit for Carbon Sequestration (Section 45Q) 
 
 
Disclaimer 
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff to 
congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. 
Information in a CRS Report should not be relied upon for purposes other than public understanding of information that has 
been provided by CRS to Members of Congress in connection with CRS’s institutional role. CRS Reports, as a work of the 
United States Government, are not subject to copyright protection in the United States. Any CRS Report may be 
reproduced and distributed in its entirety without permission from CRS. However, as a CRS Report may include 
copyrighted images or material from a third party, you may need to obtain the permission of the copyright holder if you 
wish to copy or otherwise use copyrighted material. 
 
https://crsreports.congress.gov | IF11455 · VERSION 1 · NEW