Utilization

The amount of qualified carbon oxide utilized by you is equal to the metric tons of qualified carbon oxide that you demonstrate, based upon the LCA, that were captured and permanently isolated from the atmosphere (isolated), or displaced from being emitted into the atmosphere (displaced).

Lifecycle greenhouse gas emissions and lifecycle analysis. The term “lifecycle greenhouse gas emissions” means the aggregate quantity of greenhouse gas emissions (including direct emissions and significant indirect emissions such as significant emissions from land use changes) related to the full product lifecycle, including all stages of product and feedstock production and distribution, from feedstock generation or extraction through the distribution and delivery and use of the finished product to the ultimate consumer, where the mass values for all greenhouse gases are adjusted to account for their relative global warming potential according to Table A-1 of 40 CFR Part 98 subpart A. The amount of lifecycle greenhouse gas emissions measured by an LCA is expressed in carbon dioxide equivalents (CO2-e).

Measurement. The measurement and written LCA report must be performed by or verified by an independent third party. The LCA report must be prepared in conformance with, and contain documentation that conforms to, the International Organization for Standardization (ISO) 14040:2006, Environmental Management—Life Cycle Assessment—Principles and Framework, and ISO 14044:2006, Environmental Management—Life Cycle Assessment—Requirements and Guidelines, as well as a statement documenting the qualifications of the independent third party, including proof of appropriate U.S. or foreign professional license, and an affidavit from the third party stating that it’s independent from you.

Approval of the LCA. You must submit the written LCA report and independent third-party statement to the IRS and the Department of Energy (DOE). The LCA will be subject to a technical review by the DOE, and the IRS will determine whether to approve the LCA.

You should fax a copy of your LCA report, including the independent third-party statement specified in Regulations section 1.45Q-4(c)(4), to the IRS at 844-255-4817. The submission should include a cover letter with:

1. Name and location of the facility where the qualified carbon oxide is utilized (“utilization facility”);

2. Name, relationship to the taxpayer, mailing address, email address, and phone number of a person whom the IRS can contact regarding the LCA report. If this person is not an employee of the taxpayer, attach Form 2848, Power of Attorney and Declaration of Representative, to the LCA report;

3. Name of the taxpayer(s) claiming the credit based on the LCA, including each taxpayer’s TIN/EIN;

4. Name of the operator of the utilization facility, including the operator’s TIN/EIN;

5. Tax year for which the LCA report is being submitted;

Instructions for Form 8933 (Rev. 12-2025) 9

6. An attestation that the applicable requirements of section 45Q, Regulations sections 1.45Q-1, 1.45Q-2, and 1.45Q-4 are satisfied. Such attestation must include confirmation of the following.

a. The carbon oxide for which the section 45Q utilization credit is being claimed is qualified carbon oxide within the meaning of section 45Q(c);

b. The qualified carbon oxide for which the section 45Q utilization credit is being claimed is captured by a qualified facility within the meaning of section 45Q(d);

c. The qualified carbon oxide for which the section 45Q utilization credit is being claimed was captured in the United States (within the meaning of section 638(1), or a U.S. territory set forth in section 638(2));

d. In the case of a resubmission of an LCA approval request under Section 6.02 of Notice 2024-60, that there has been no material change since the prior LCA was approved; and

7. A declaration, applicable to the LCA approval request (including the LCA and the cover page information required by Section 3.04 of Notice 2024-60), signed by you, or signed by a person currently authorized to bind you in these matters, in the following form: “Under penalties of perjury, I declare that I have examined the information contained in this affirmative statement and the documents that substantiate this affirmative statement, and to the best of my knowledge and belief, it is true, correct, and complete.”

You should also send the DOE an email at LCA45Q@hq.doe.gov, and the DOE will respond with instructions for submitting the LCA application to the DOE.

See Notice 2024-60, 2024-34 I.R.B. 515, available at IRS.gov/irb/2024-34_IRB#NOT-2024-60 for details.

You should also send the DOE an email at LCA45Q@hq.doe.gov, and the DOE will respond with instructions for submitting the LCA application to the DOE.

Caution: You must receive approval of your LCA prior to claiming the section 45Q utilization credit on any federal income tax return.

Requirements for reapproval of an approved LCA. You may treat an approved LCA as approved for the tax year for which the LCA report was submitted and the following 2 tax years (3-year approval period). You must submit a new LCA approval request to the IRS and the DOE after 3 years. See Notice 2024-60.