Notice 2022-58, 2022-47 I.R.B. 483

(released November 3, 2022), requested stakeholder feedback on questions arising under section 45Z that should be addressed in guidance.

B. Treasury Decision 9988 (Elective Payment Election Regulations)

The Treasury Department and the IRS published Treasury Decision 9988 in the Federal Register (89 FR 17546, March 11, 2024), which finalized regulations concerning the election to treat applicable credits as a payment of Federal income tax under section 6417 (Elective Payment Election Regulations). The Elective Payment Election Regulations contain rules on section 6417 that apply with respect to an applicable credit, including the section 45Z credit. Section 1.6417-2(c)(4) requires an applicable entity or electing taxpayer to own the underlying eligible credit property except in the case of the advanced manufacturing production credit under section 45X.

C. Treasury Decision 9993 (Credit Transfer Election Regulations)

The Treasury Department and the IRS published Treasury Decision 9993 in the

3 See section 13704(b)(5) of the IRA, as amended by section 70521(i) of the OBBBA.

Bulletin No. 2026–9 583 February 23, 2026

Federal Register (89 FR 34770, April 30, 2024), which finalized regulations concerning the transfer election with respect to eligible credits under section 6418 (Credit Transfer Election Regulations). The Credit Transfer Election Regulations contain rules on section 6418 that apply with respect to an eligible credit, including the section 45Z credit. Section 1.6418-2(d)(1) requires an eligible taxpayer to own the underlying eligible credit property except in the case of the advanced manufacturing production credit under section 45X.

D. Notice 2024-49 (Registration Requirement)