Userid: CPM Schema: Leadpct: 105% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/i8933/202212/a/xml/cycle06/source (Init. & Date) _______ Page 1 of 38 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for Form 8933 (Rev. December 2022) Carbon Oxide Sequestration Credit Section references are to the Internal Revenue Code Credit rates and applicable dollar amounts. The unless otherwise noted. credit rates for lines 1b, 2b, and 3b are adjusted for inflation and increased, per Notice 2022-38. The Future Developments applicable dollar amounts for lines 4b, 5b, and 6b are For the latest information about developments related to established by linear interpolation between statutory dollar Form 8933 and its instructions, such as legislation amounts and increased, per Notice 2018-93. See 2022 enacted after they were published, go to IRS.gov/ credit rates and applicable dollar amounts. Form8933. Continuous-use form. Form 8933 will no longer be What’s New updated annually. Instead, it will only be updated when necessary. Section 45Q was impacted by the Inflation Reduction Act of 2022 (the Act) and further Section 45Q(f)(3)(B) election. Line 13 and its CAUTION! guidance is pending for some of the changes instructions are expanded to include the individual listing listed below. For upcoming section 45Q regulations and of the three largest elections (in dollars) given to you by IRS notices, go to IRS.gov or IRS.gov/Form8933. another person(s). See Line 13. Section 45Q(f)(3)(B) Election, later. A summary of major changes to section 45Q is as follows, the Act: Reminders • Extended the deadline to begin construction of qualified Proposed and final regulations, model certificates, facility from 2026 to 2033. and expanded Form 8933. Per the January 2021 • Changed the base rate for section 45Q(b)(1)(A)(i)(I) Treasury Decision 9944 (TD) (final regulations for section and (ll) rates to $17 and $12 ($85 and $60 if section 45Q) and the June 2020 Notice of Proposed Rulemaking 45Q(h)(2) requirements are met), respectively, for tax (NPRM) (REG-112339-19) that preceded it, section 45Q years beginning after 2022. projects may involve multiple legal contracts with multiple • Changed the base rate for section 45Q(b)(1)(B)(i) and parties for the capture, utilization, or disposal of carbon (ii) rates to $36 and $26 ($180 and $130 if section 45Q(h) oxides and, generally to claim the credit, the existence of (2) requirements are met), respectively, for direct air each contract and the parties involved must be reported capture facilities, for tax years beginning after 2022. on Form 8933 annually, including these attached • Reduced annual thresholds of captured carbon oxide documents: copies of signed executed contracts, for qualified electric generating facility, a qualified direct completed Forms 8933, and attached signed statements, air capture facility, and any other facility. See Qualified all of which must be exchanged between the contracting facility. parties for certain elections and contracts. For this • Changed credit reduction percentage to 15%. See reporting, filers should use signed attachments Coordination With Section 142 Bond Financing. substantially similar to the model certificates shown at the • Added definitions for new terms, including Applicable end of these instructions. In these exchanges of Forms electric generating unit Baseline carbon oxide production, , 8933, signed contracts, or signed attachments and Capacity factor. substantially similar to the signed model certificates, the • Allows the section 45Q(f)(9) election for carbon oxide Forms 8933 won't be signed. captured and disposed of after 2021 for a qualified facility located in a federally declared disaster area. See Section Note. For tax years beginning on or after January 13, 45Q(f)(9) Election. 2021, you must follow the provisions of the TD. For all • Made prevailing wage and apprenticeship other 2021 tax years you may elect to apply either the requirements. See Notice 2022-61, 2022-52 I.R.B. 561, provisions of the NPRM or of the TD, but you must apply available at IRS.gov/irb/2022-52_IRB#NOT-2022-61, them in their entirety and in a consistent manner. Prevailing Wage Requirements, and Apprenticeship Credit reduced for certain tax-exempt bonds. A Requirements to determine your qualification for the qualified section 45Q facility can be financed with exempt increased credit or deduction amounts by meeting the facility bonds issued after December 31, 2021. The prevailing wage and apprenticeship requirements. section 45Q credit is reduced for qualified section 45Q • Made payment options for the credits, for which facilities financed with exempt facility bonds. See regulations and guidance are pending. See Elective Coordination With Section 142 Bond Financing, later. Payment of Applicable Credits and Transfer of Carbon Oxide Sequestration Credits. Jan 5, 2023 Cat. No. 74390F |
Page 2 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the equipment was originally placed in service, (2) General Instructions disposed of by you in secure geological storage, and (3) neither used as a tertiary injectant in a qualified EOR or Purpose of Form natural gas recovery project nor utilized in a manner Use Form 8933 to claim the section 45Q carbon oxide described in section 45Q(f)(5). sequestration credit. See Definitions, later. Section 45Q(a)(4) allows a credit of the applicable For purposes of this form, a partner in a partnership dollar amount (as determined under section 45Q(b)(1)) that has made a valid section 761(a) election will be per metric ton of qualified carbon oxide (1) captured by considered the taxpayer. Partnerships with valid section you using carbon capture equipment that’s originally 761(a) elections aren’t required to complete or file this placed in service at a qualified facility on or after February form. Instead, the partner is required to complete and file 9, 2018, during the 12-year period beginning on the date this form in a manner commensurate with its undivided the equipment was originally placed in service; and (2) ownership interest in the qualified facility. Also, see Rev. either (a) used by you as a tertiary injectant in a qualified Proc. 2020-12, 2020-11, I.R.B. 511, for allocation safe EOR or natural gas recovery project and disposed of by harbor. However, if you elect to use the TD, the section you in secure geological storage, or (b) utilized in a 761(a) election applies only in the case of qualified carbon manner described in section 45Q(f)(5). oxide captured using carbon capture equipment that's For purposes of determining the credit, you may elect originally placed in service at a qualified facility before under section 45Q(b)(3) to have the dollar amounts February 9, 2018. For qualified carbon oxide captured applicable under section 45Q(a)(1) or (2) apply in lieu of using carbon capture equipment that's originally placed in the dollar amounts applicable under section 45Q(a)(3) or service at a qualified facility on or after February 9, 2018, (4) for each metric ton of qualified carbon oxide that’s for each single process train of carbon capture equipment captured by you using carbon capture equipment that’s (as described in Regulations section 1.45Q-2(c)(3)), only originally placed in service at a qualified facility on or after one taxpayer will be considered the person to whom the February 9, 2018. credit is attributable and only that person may claim the carbon oxide sequestration credit. See Regulations For the purpose of calculating the credit, a metric ton of section 1.45Q-1(h)(1). carbon oxide includes only the contained weight of the carbon oxide. The weight of any other substances, such Taxpayers other than partnerships or S corporations as water or impurities, isn’t included in the calculation. whose only source of this credit is from those 2022 credit rates and applicable dollar amounts. The pass-through entities (other than a partnership with a valid credit rates for lines 1b, 2b, and 3b are increased by the 761(a) election) aren’t required to complete or file this adjustment for inflation. The rates are as follows. form. Instead, report this credit directly on line 1x in Part III of Form 3800, General Business Credit. • Line 1b: $25.07 per metric ton. • Line 2b: $12.53 per metric ton. How To Figure the Credit • Line 3b: $12.53 per metric ton. Subject to the section 45Q(f)(3)(B) election (discussed See Notice 2022-38, 2022-39 I.R.B. 239, available at later), section 45Q(a)(1) allows a credit of $20 per metric IRS.gov/irb/2022-39_IRB#NOT-2022-38. ton of qualified carbon oxide captured by you using For any tax year beginning in a calendar year after carbon capture equipment that’s (1) originally placed in 2016 and before 2027, the section 45Q(b)(1)(A) service at a qualified facility before February 9, 2018, (2) applicable dollar amounts for lines 4b, 5b, and 6b are disposed of by you in secure geological storage, and (3) established by linear interpolation between $22.66 and not used by you as a tertiary injectant in a qualified $50, and $12.83 and $35, respectively. The applicable enhanced oil recovery (EOR) or natural gas recovery dollar amounts are as follows. project or utilized by you in a manner described in section • Line 4b: $37.85 per metric ton. 45Q(f)(5). • Line 5b: $25.15 per metric ton. Section 45Q(a)(2) allows a credit of $10 per metric ton • Line 6b: $25.15 per metric ton. of qualified carbon oxide (1) captured by you using carbon See Notice 2018-93, 2018-51 I.R.B. 1041, available at capture equipment that’s originally placed in service at a IRS.gov/irb/2018-51_IRB#NOT-2018-93. qualified facility before February 9, 2018; and (2) either (a) After 2022, the applicable dollar amounts are as used by you as a tertiary injectant in a qualified EOR or follows. natural gas recovery project and disposed of by you in • Line 4b: $17 per metric ton ($85 per metric ton if section secure geological storage, or (b) utilized by you in a 45Q(h)(2) requirements are met). manner described in section 45Q(f)(5). • Line 5b: $12 per metric ton ($60 per metric ton if section Section 45Q(a)(3) allows a credit of the applicable 45Q(h)(2) requirements are met). dollar amount (as determined under section 45Q(b)(1)) • Line 6b: $12 per metric ton ($60 per metric ton if section per metric ton of qualified carbon oxide (1) captured by 45Q(h)(2) requirements are met). you using carbon capture equipment that’s originally For direct air capture facilities placed in service after placed in service at a qualified facility on or after February 2022, the section 45Q(b)(1)(B) applicable dollar amounts 9, 2018, during the 12-year period beginning on the date are as follows. -2- Instructions for Form 8933 (Rev. 12-2022) |
Page 3 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Line 7b: $36 per metric ton ($180 per metric ton if oxide from the atmosphere via direct air capture; or (3) section 45Q(h)(2) requirements are met). compressing or otherwise increasing the pressure of • Line 8b: $26 per metric ton ($130 per metric ton if carbon oxide. section 45Q(h)(2) requirements are met). All components that make up an independently • Line 9b: $26 per metric ton ($130 per metric ton if functioning process train capable of capturing, section 45Q(h)(2) requirements are met). processing, and preparing carbon oxide for transport will Amount captured by additional carbon capture be treated as a single unit of carbon capture equipment equipment on existing qualified facility. For a (single process train). See Rev. Rul. 2021-13, 2021-30 qualified facility placed in service before February 9, 2018, I.R.B. 152, available at IRS.gov/irb/2021-30_IRB#REV- for which additional carbon capture equipment is placed in RUL-2021-13. service on or after February 9, 2018, the amount of Applicable electric generating unit. An applicable qualified carbon oxide that’s captured by you is the electric generating unit is the principal electric generating following. unit for which the carbon capture equipment is originally • For purposes of lines 1, 2, and 3, equal to the lesser of planned and designed. (a) the total amount of qualified carbon oxide captured at such facility for the tax year, or (b) the total amount of the Baseline carbon oxide production. A baseline carbon carbon dioxide capture capacity of the carbon capture oxide production means either of the following. equipment in service at such facility on the day before • In the case of an applicable electric generating unit that February 9, 2018. was originally placed in service more than 1 year prior to • For purposes of lines 4, 5, and 6, an amount (not less the date on which construction of the carbon capture than zero) equal to the excess of (a) the total amount of equipment begins, the average annual carbon oxide qualified carbon oxide captured at such facility for the tax production, by mass, from such unit during (i) in the case year, over (b) the total amount of the carbon dioxide of an applicable electric generating unit that was originally capture capacity of the carbon capture equipment in placed in service more than 1 year prior to the date on service at such facility on the day before February 9, which construction of the carbon capture equipment 2018. begins and on or after the date that’s 3 years prior to the date on which construction of such equipment begins, the Definitions period beginning on the date such unit was placed in service and ending on the date on which construction of Qualified carbon oxide. This is (a) any carbon dioxide such equipment began; and (ii) in the case of an captured from an industrial source by carbon capture applicable electric generating unit that was originally equipment originally placed in service before February 9, placed in service more than 3 years prior to the date on 2018, which would otherwise be released into the which construction of the carbon capture equipment atmosphere as industrial emission of greenhouse gas or begins, the 3 years with the highest annual carbon oxide lead to such release, and is measured at the source of production during the 12-year period preceding the date capture and verified at the point of disposal, injection, or on which construction of such equipment began. utilization; (b) any carbon dioxide or other carbon oxide In the case of an applicable electric generating unit that • that’s captured from an industrial source by carbon (i) as of the date on which construction of the carbon capture equipment originally placed in service on or after capture equipment begins, is not yet placed in service; or February 9, 2018, which would otherwise be released into (ii) was placed in service during the 1-year period prior to the atmosphere as industrial emission of greenhouse gas the date on which construction of the carbon capture or lead to such release, and is measured at the source of equipment begins, the designed annual carbon oxide capture and verified at the point of disposal, injection, or production, by mass, as determined based on an utilization; or (c) in the case of a direct air capture facility, assumed capacity factor of 60%. any carbon dioxide that’s captured directly from the Capacity factor. Capacity factor means the ratio ambient air, and is measured at the source of capture and (expressed as a percentage) of the actual electric output verified at the point of disposal, injection, or utilization. from the applicable electric generating unit to the potential Qualified carbon oxide includes the initial deposit of electric output from such unit. captured carbon oxide used as a tertiary injectant. It doesn’t include carbon oxide that’s recaptured, recycled, Industrial facility. An industrial facility is a facility that and re-injected as part of the EOR and natural gas produces a carbon oxide stream from a fuel combustion recovery process. source or fuel cell, a manufacturing process, or a fugitive carbon oxide emission source that, absent capture and Carbon capture equipment. This includes all disposal, would otherwise be released into the components of property that are used to capture or atmosphere as industrial emission of greenhouse gas or process carbon oxide until the carbon oxide is transported lead to such release. An industrial facility doesn’t include for disposal, injection, or utilization. Carbon capture a facility that produces carbon dioxide from carbon equipment is equipment used for the purpose of (1) dioxide production wells at natural carbon dioxide-bearing separating, purifying, drying, and/or capturing carbon formations or a naturally occurring subsurface spring. oxide that would otherwise be released into the Depending on your election to use the NPRM or the TD, atmosphere from an industrial facility; (2) removing carbon see section 3.02(b) of Notice 2009-83 or Proposed Instructions for Form 8933 (Rev. 12-2022) -3- |
Page 4 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Regulations section 1.45Q-2(d)(1) or Regulations section Secure geological storage. Secure geological storage 1.45Q-2(d)(1) and (d)(2). An Industrial Source is an includes, but isn’t limited to, storage at deep saline emission of carbon oxide from an industrial facility. A formations, oil and gas reservoirs, and unminable coal Manufacturing Process is a process involving the seams. manufacture of products, other than carbon oxide, that are If you’re claiming a credit for a facility placed in service intended to be sold at a profit, or are used for a before February 9, 2018, the following applies. commercial purpose. All facts and circumstances for the process and products are to be taken into account. • Secure geological storage requires approval by the U.S. Environmental Protection Agency (EPA) of a Electricity generating facility. An electricity generating Monitoring, Reporting, and Verification Plan (MRV Plan) facility is a facility described in section 45Q(d)(2)(A) or (B) submitted by the operator of the storage facility or tertiary and is subject to depreciation under MACRS asset class injection project. 49.11 (Electric Utility Hydraulic Production Plant), 49.12 • The annual amount of carbon oxide claimed for the (Electric Utility Nuclear Production Plant), 49.13 (Electric credit must be consistent with amounts reported to the Utility Steam Production Plant), or 49.15 (Electric Utility EPA under its Greenhouse Gas Reporting Program, Combustion Turbine Production Plant). subpart RR. Direct air capture facility. A direct air capture facility See sections 6 through 8 of Notice 2009-83, 2009-44 means any facility that uses carbon capture equipment to I.R.B. 588, available at IRS.gov/irb/ capture carbon oxide directly from the ambient air. It 2009-44_IRB#NOT-2009-83 for reporting and doesn’t include any facility that captures carbon dioxide recordkeeping requirements associated with the limitation (1) that’s deliberately released from naturally occurring on credits available under former section 45Q(a) (as in subsurface springs, or (2) using natural photosynthesis. effect before February 9, 2018) and sections 45Q(a)(1) and (2). Sections 1 through 5 of Notice 2009-83 were Qualified facility. Any industrial facility or direct air obsoleted by REG-112339-19, 85 F.R. 34050-34075. capture facility (a) the construction of which begins before After the end of the calendar year in which the Secretary, January 1, 2033, and the construction of carbon capture in consultation with the Administrator of the EPA, certifies equipment begins before that date, or the original that a total of 75,000,000 metric tons of qualified carbon planning and design for the facility includes installation of oxide have been taken into account under former section carbon capture equipment; and (b) which captures: 45Q(a) (as in effect before February 9, 2018) and sections 1. In the case of a direct air capture facility, captures 45Q(a)(1) and (2), the remaining sections of Notice not less than 1,000 metric tons of qualified carbon oxide 2009-83 will be obsoleted. Also see Notice 2022-38. during the tax year; If you’re claiming a credit for a facility that was placed in 2. In the case of an electricity generating facility that (i) service in tax years beginning on or after February 9, captures not less than 18,750 metric tons of qualified 2018, qualified carbon oxide is considered disposed of by carbon oxide during the tax year; and (ii) for any carbon you in secure geological storage such that the qualified capture equipment for the applicable electric generating carbon oxide doesn’t escape into the atmosphere if the unit at such facility, has a capture design capacity of not qualified carbon oxide is: less than 75% of the baseline carbon oxide production of • Stored, and not used as a tertiary injectant in a qualified such unit; or EOR or natural gas recovery project, in compliance with 3. In the case of any other facility, captures not less applicable requirements under 40 CFR Part 98 subpart than 12,500 metric tons of qualified carbon oxide during RR; the tax year. • Used as a tertiary injectant in a qualified EOR or natural gas recovery project and stored in compliance with Qualified EOR or natural gas recovery project. A applicable requirements under 40 CFR Part 98 subpart qualified EOR or natural gas recovery project means any RR, or the International Organization for Standardization project located in the United States involving the (ISO) Standards endorsed by the American National application of one or more tertiary recovery methods Standards Institute (ANSI) under CSA/ANSI ISO defined in section 193(b)(3) that can reasonably be 27916:19, Carbon dioxide capture, transportation and expected to result in more than an insignificant increase in geological storage—Carbon dioxide storage using the amount of crude oil or natural gas that will ultimately enhanced oil recovery (CO2-EOR); and be recovered and for which the first injection of liquids, • Injected into a well that complies with applicable gases, or other matter begins after 1990. Underground Injection Control regulations onshore or Natural gas. Natural gas means any product (other than offshore under submerged lands within the territorial crude oil) of an oil or gas well if a deduction for depletion jurisdiction of the United States. is allowable under section 611 for such product. Utilization of qualified carbon oxide. Utilization of Tertiary injectant. An injectant (other than a qualified carbon oxide means (1) the fixation of such hydrocarbon injectant that’s recoverable) that’s used as qualified carbon oxide through photosynthesis or part of a tertiary recovery method. For more details, see chemosynthesis, such as through the growing of algae or section 193(b). bacteria; (2) the chemical conversion of such qualified carbon oxide to a material or chemical compound in which -4- Instructions for Form 8933 (Rev. 12-2022) |
Page 5 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. such qualified carbon oxide is securely stored; or (3) the service at a qualified facility before February 9, 2018, if use of such qualified carbon oxide for any other purpose you’re the person that captures and physically or for which a commercial market exists (with the exception contractually ensures the disposal, injection, or utilization of use as a tertiary injectant in a qualified EOR or natural of the qualified carbon oxide, the credit is attributable to gas recovery project), as determined by the Secretary of you. You may claim the credit, or you may elect to allow the Treasury or his delegate. the credit to the person that disposes of, injects, or utilizes the qualified carbon oxide. If you make this election, the United States and U.S. possessions. This includes the amount you elect to allow won’t be allowed to you. You seabed and subsoil of those submarine areas that are can also elect to allow only part of the credit to the person adjacent to the territorial waters of the United States (or a that disposes of, injects, or utilizes the qualified carbon U.S. possession) and over which the United States has oxide in a tax year, and to claim the remainder yourself. exclusive rights, in accordance with international law, for the exploration and exploitation of natural resources. In the case of qualified carbon oxide captured using carbon capture equipment that’s originally placed in Who Can Claim the Credit service at a qualified facility on or after February 9, 2018, if The credit is attributable to you in the case of qualified you’re the person that owns the carbon capture carbon oxide captured using carbon capture equipment equipment and physically or contractually ensures the that’s originally placed in service at a qualified facility on capture and disposal, utilization, or use as a tertiary or after February 9, 2018, if you’re the person that owns injectant of such carbon oxide, you may check the box to the carbon capture equipment and physically or elect to allow the credit to another person that disposes contractually ensures the disposal, utilization, or use as a of, injects, or utilizes the qualified carbon oxide. If you tertiary injectant of this qualified carbon oxide. make this election, the amount you elect to allow won’t be Elections allowed to you. You can also elect to allow only part of the credit to the person that disposes of, injects, or utilizes the Section 45Q(b)(3) Election qualified carbon oxide in a tax year, and to the claim the remainder yourself. You can elect to have the credit rates applicable to lines 1b, 2b, and 3b apply instead of the applicable dollar A new section 45Q(f)(3)(B) election must be made amounts applicable to lines 4b, 5b, and 6b for each metric annually. You make a section 45Q(f)(3)(B) election by ton of qualified carbon oxide that’s captured by you using filing a statement of election (see Model Certificate carbon capture equipment that’s originally placed in ELECT, later, and the information below) with the Form service at a qualified facility on or after February 9, 2018. 8933 no later than the time prescribed by law (including extensions) for filing your federal income tax return or Section 45Q(f)(6) Election Form 1065 for the year in which the credit arises. You For purposes of section 45Q, for any tax year in which must make a separate election for each qualified facility. such facility is an applicable facility (a facility placed in service before February 9, 2018, and for which no The election may not be filed with an amended taxpayer claimed a carbon oxide sequestration credit for federal income tax return, an amended Form any tax year ending before February 9, 2018) that CAUTION! 1065, or an Administrative Adjustment Request captures not less than 500,000 metric tons of qualified (AAR), as applicable, after the prescribed date (including carbon oxide during the tax year, you can elect to have extensions) for filing the original federal income tax return the facility, and any carbon capture equipment placed in or Form 1065 for the year, with the exception of amended service at the facility, treated as placed in service on federal income tax returns, amended Forms 1065, or February 9, 2018. AARs, as applicable, for any tax year ending after February 9, 2018, and beginning on or before January 13, You make a section 45Q(f)(6) election by filing a 2021. The amended federal income tax return or the statement of election with your income tax return for each amended Form 1065 must be filed, in no event, later than tax year in which the credit arises. In addition to any the applicable period of limitations on assessment for the information required on Form 8933, your statement of tax year for which the amended federal income tax return election must show your name, address, taxpayer or Form 1065 is being filed. identification number, location, and the identification number(s) assigned to the facility by the EPA's electronic Information required to be provided by electing tax- Greenhouse Gas Reporting Tool (e-GGRT ID number(s)) payer. (if available). • Election statement of the electing taxpayer on Form 8933 must indicate that an election is being made under Note. EPA e-GGRT ID number(s) are identification section 45Q(f)(3)(B); number(s) assigned to the facility by the EPA's electronic • The electing taxpayer must provide each credit Greenhouse Gas Reporting Tool. claimant with a copy of the electing taxpayer’s Form 8933; and Section 45Q(f)(3)(B) Election • The electing taxpayer must, in addition to any In the case of qualified carbon oxide captured using information required on Form 8933, set forth the following carbon capture equipment that’s originally placed in information. Instructions for Form 8933 (Rev. 12-2022) -5- |
Page 6 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. The electing taxpayer’s name, address, taxpayer capture equipment after such equipment is originally identification number, location, and e-GGRT ID number(s) placed in service. (if available) of each qualified facility where carbon oxide was captured; Application of Section 45Q for Certain 2. The full amount of credit attributable to the taxpayer Carbon Capture Equipment prior to the election; In the case of any carbon capture equipment placed in 3. The name, address, and taxpayer identification service before February 9, 2018, the credit will apply to number of each credit claimant, and the location and EPA qualified carbon oxide captured using such equipment e-GGRT ID number(s) (if available) of each secure before the end of the calendar year in which the geological storage facility where the qualified carbon Secretary, in consultation with the Administrator of the oxide is disposed of or injected; EPA, certifies that, during the period beginning after 4. The dollar amount of credits the taxpayer is allowing October 3, 2008, a total of 75,000,000 metric tons of each credit claimant to claim and the corresponding qualified carbon oxide have been taken into account in metric tons of qualified carbon oxide; and accordance with section 45Q(a), as in effect on the day before February 9, 2018, and section 45Q(a)(1) and (2). 5. The dollar amount of credits retained by the electing taxpayer and the corresponding metric tons of qualified Effective August 16, 2022, in the case of any carbon carbon oxide. capture equipment placed in service before February 9, 2018, the credit will apply to qualified carbon oxide Information required to be provided by credit claim- captured using such equipment before the earlier of ant. Credit claimant must include the following January 1, 2023, and the end of the calendar year in information on Form 8933 with its timely filed federal which the Secretary, in consultation with the Administrator income tax return or Form 1065 (including extensions). of the EPA, certifies that during the period beginning after • The name, address, and taxpayer identification number October 3, 2008, a total of 75,000,000 metric tons of of the credit claimant; qualified carbon oxide have been taken into account in • The name, address, and taxpayer identification number accordance with section 45Q(a), as in effect on the day of each taxpayer making an election under section 45Q(f) before February 9, 2018, and section 45Q(a)(1) and (2). (3)(B) to allow the credit to the credit claimant; • The location and EPA e-GGRT ID number(s) (if When Construction Begins available) of each qualified facility where carbon oxide Two methods can be used to establish that construction of was captured; a qualified facility or carbon capture equipment has • The location and EPA e-GGRT ID number(s) (if begun. available) of each secure geological storage facility where the qualified carbon oxide is disposed of or injected; 1. Physical Work Test is satisfied when physical • The full dollar amount of credits attributable to each work of a significant nature begins and other requirements electing taxpayer prior to the election and the provided in section 5 of Notice 2020-12, 2020-11 I.R.B. corresponding metric tons of carbon oxide; 495, available at IRS.gov/irb/2020-11_IRB#NOT-2020-12, • The dollar amount of credits that each electing taxpayer are met. is allowing the credit claimant to claim and the 2. Five Percent Safe Harbor is satisfied when you corresponding metric tons of carbon oxide; and pay or incur (within the meaning of Regulations section • A copy of the electing taxpayer’s Form 8933. 1.461-1(a)(1) and (2)) five percent or more of the total cost of a qualified facility or carbon capture equipment and Section 45Q(f)(9) Election meets other requirements provided in Notice 2020-12, For purposes of section 45Q(a)(3) and (4), a person section 6. described in section 45Q(f)(3)(A)(ii) may elect, at such Although both methods can be used, only one method time and in such manner as the Secretary may prescribe, is needed to establish that construction of a qualified to have the 12-year period begin on the first day of the first facility or carbon capture equipment has begun. If you tax year in which a credit under this section is claimed for began construction on a qualified facility or carbon carbon capture equipment that’s originally placed in capture equipment by satisfying either the Physical Work service at a qualified facility on or after February 9, 2018, Test or the Five Percent Safe Harbor Test, or both, before if: the effective date of Notice 2020-12 (March 9, 2020), you • No one claimed a credit under this section for such may use March 9, 2020, as the date that construction carbon capture equipment for any prior tax year; began on such qualified facility or carbon capture • The qualified facility at which such carbon capture equipment. Additionally, if you began construction on a equipment is placed in service is located in an area qualified facility or carbon capture equipment before affected by a federally declared disaster (as defined by March 9, 2020, under both the Physical Work Test and the section 165(i)(5)(A)) after the carbon capture equipment is Five Percent Safe Harbor, you may choose either method originally placed in service; and (but not both) for the purpose of applying the beginning of • Such federally declared disaster results in a cessation construction rules. If you began construction on a qualified of the operation of the qualified facility or the carbon facility or carbon capture equipment on or after March 9, 2020, construction will be deemed to have begun on the -6- Instructions for Form 8933 (Rev. 12-2022) |
Page 7 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. date you first satisfy either the Physical Work Test or the Requirements). Section 45(b)(8)(C) provides that each Five Percent Safe Harbor Test. If you fail to satisfy the taxpayer, contractor, or subcontractor who employs four Five Percent Safe Harbor Test in one year due to cost or more individuals to perform construction, alteration, or overruns (as defined in section 6.03 of Notice 2020-12), repair work for the construction of a qualified facility must you won’t be prevented from using the Physical Work Test employ one or more qualified apprentices to perform such in a later year to establish beginning of construction, work (Apprenticeship Participation Requirements). provided that occurs before January 1, 2033. See Notice 2022-61 for details. To determine your qualification for the section 45Q increased credit amounts allowed for Recapture CAUTION! meeting the prevailing wage and apprenticeship A recapture event occurs when qualified carbon oxide for requirements (below), affecting facilities the construction which a carbon oxide sequestration credit has been of which began, or certain property the installation of claimed ceases to be captured, disposed of, or used as a which began, on or after January 30, 2023, see Notice tertiary injectant during the recapture period. Recapture 2022-61, 2022-52 I.R.B. 561, available at IRS.gov/irb/ events are determined separately for each project 2022-52_IRB#NOT-2022-61. Additionally, proposed involving capture, disposal, or use of qualified carbon regulations and other guidance for the prevailing wage oxide as a tertiary injectant. and apprenticeship requirements will be issued later. Qualified carbon oxide ceases to be captured, Prevailing Wage Requirements disposed of, or used as a tertiary injectant if the leaked amount of qualified carbon oxide in the tax year exceeds For any qualified facility and any carbon capture the amount of qualified carbon oxide disposed of in equipment placed in service at such facility, you must secure geological storage or used as a tertiary injectant in ensure that any laborers and mechanics employed by you that same tax year. or any contractor or subcontractor in (i) the construction of such facility or equipment, and (ii) for any tax year, for any If a recapture event occurs during a project’s recapture portion of such tax year that’s within the period described period and you have claimed a credit for that project, you in section 45Q(a)(3)(A) or (4)(A), the alteration or repair of must report the following information on a Form 8933 filed such facility or such equipment, must be paid wages at with your federal income tax return or Form 1065 for the rates not less than the prevailing rates for construction, tax year for which the recapture event occurred. alteration, or repair of a similar character in the locality in • The recapture amount (as defined in Regulations which such facility and equipment are located as most section 1.45Q-5(e)); recently determined by the Secretary of Labor, in • The quantity of leaked qualified carbon oxide (in metric accordance with subchapter IV of chapter 31 of title 40, tons) (as defined in Regulations section 1.45Q-5(c)); United States Code. See Notice 2022-61 for details. • The statutory credit rate at which the credits were originally calculated; and For information on how to correct a failure to satisfy the prevailing wage requirements, and the penalty related to • A statement that describes how you became aware of the recapture event, how the leaked amount was the failure, see section 45(b)(7)(B) and Notice 2022-61. determined, and the identity and involvement of any Apprenticeship Requirements regulatory agencies. Section 45(b)(8)(A)(i) provides that to meet the Elective Payment of Applicable apprenticeship requirements you must ensure that, for the construction of any qualified facility, not less than the Credits applicable percentage of the total labor hours of the For tax years beginning after 2022, you can elect under construction, alteration, or repair work (including such section 6417 for your carbon oxide sequestration credit to work performed by any contractor or subcontractor) for be treated as making a payment against the tax imposed such facility is, subject to section 45(b)(8)(B), performed by subtitle A (for the tax year for which the carbon oxide by qualified apprentices. Under section 45(b)(8)(A)(ii), for sequestration credit was determined) equal to the amount purposes of section 45(b)(8)(A)(i), the applicable of such credit. See section 6417. percentage is (i) in the case of a qualified facility the construction of which begins before January 1, 2023, Transfer of Carbon Oxide 10%; (ii) in the case of a qualified facility the construction Sequestration Credits of which begins after December 31, 2022, and before For tax years beginning after 2022, you can elect under January 1, 2024, 12.5%; and (iii) in the case of a qualified section 6418 to transfer all (or any portion specified in the facility the construction of which begins after December election) of your carbon oxide sequestration credits to an 31, 2023, 15%. unrelated third party (transferee) for cash. The cash Section 45(b)(8)(B) provides that the requirement payment received by you won’t be treated as taxable under section 45(b)(8)(A)(i) is subject to any applicable income, and the third party transferee can’t deduct the requirements for apprentice-to-journeyworker ratios of the cash payment. Once a carbon oxide sequestration credit Department of Labor or the applicable State is transferred to a third party under section 6418, the third Apprenticeship Agency (Apprenticeship Ratio party can’t transfer it again. See section 6418. Instructions for Form 8933 (Rev. 12-2022) -7- |
Page 8 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. state, and EPA e-GGRT ID number(s) (if available) for Coordination With Section 142 Bond submission of the facility’s 40 CFR Part 98 (subpart RR) Financing annual reports. The credit for any project for any tax year is reduced by the amount that’s the product of the credit for such tax Secure Geological Storage year and the lesser of 15%, or a fraction, the numerator of Certifications must be made annually. which is the sum, for the tax year and all prior tax years, of the proceeds from an issue described in section 142(a) Reporting Based on 40 CFR Part 98 (Subpart RR) (17) used to provide financing for the project the interest on which is exempt from tax under section 103, and the For an EOR or natural gas recovery project in which you denominator of which is the aggregate amount of reported volumes to the EPA pursuant to 40 CFR Part 98 additions to the capital account for the project for the tax subpart RR, you may self-certify the volume of carbon year and all prior tax years. The amounts under the oxide claimed for purposes of the credit. preceding sentence for any tax year are determined as of the close of the tax year. Reporting Based on CSA/ANSI ISO 27916:19 Note. For purposes of the above, there are no prior tax For an EOR or natural gas recovery project in which you years before January 1, 2022. determined volumes pursuant to CSA/ANSI ISO Reporting Requirements 27916:19, you may prepare documentation as outlined in CSA/ANSI ISO 27916:19 internally, but such General Requirements documentation must be provided to a qualified If you’re claiming the carbon oxide sequestration credit, independent engineer or geologist, who then must certify you must provide the name and location of the qualified that the documentation provided, including the mass facilities at which the qualified carbon oxide was captured. balance calculations as well as information regarding monitoring and containment assurance, is accurate and If you’re claiming the section 45Q credit on an complete. For any leaked amount of qualified carbon amended federal income tax return, an amended oxide that’s determined pursuant to CSA/ANSI ISO CAUTION! Form 1065, or an AAR, as applicable, you must 27916:19, the certification must also include a statement state “AMENDED RETURN FOR SECTION 45Q CREDIT” that the quantity was determined in accordance with at the top of the amended federal income tax return, the sound engineering principles. amended Form 1065, or the AAR, as applicable. The amended federal income tax return or the amended Form If you capture qualified carbon oxide giving rise to the 1065 must be filed, in no event, later than the applicable credit, you must file Form 8933 with a timely filed federal period of limitations on assessment for the tax year for income tax return or Form 1065, including extensions, or which the amended federal income tax return or Form for the purpose of this rule, amendments to federal 1065 is being filed. income tax returns, Forms 1065, or on AARs, as applicable. Similarly, if you dispose of, inject, or utilize Contractually Ensuring Disposal, Injection, or qualified carbon oxide, you must also file Form 8933 with Utilization of Qualified Carbon Oxide a timely filed federal income tax return or Form 1065, If you enter into a contract with another party to ensure including extensions, or for the purpose of this rule, disposal, injection, or utilization of qualified carbon oxide, amendments to federal income tax returns, Forms 1065, you must report the existence of each contract, and the or on AARs, as applicable. If the volume of carbon oxide parties involved annually on Form 8933 by each party to certified and reported is a negative amount, see the contract, regardless of the party claiming the credit. In Regulations section 1.45Q-5 for rules regarding addition to any information stated as required on Form recapture. 8933, the report must include the following information. No credit is allowed for any tax year for which you • Your name and identifying number; (including credit claimants) have failed to timely • The name and taxpayer identification number of each CAUTION! submit complete documentation, including the party with whom you have entered into a contract to required certifications. The credit will be allowed only for a ensure the disposal, injection, or utilization of qualified tax year for which complete documentation and carbon oxide; certification has been timely submitted. Certifications for • The date on which each contract was executed; each tax year must be submitted by the due date of the • The number of metric tons of qualified carbon oxide federal income tax return or Form 1065 on which the each contracting party disposes of, injects, or utilizes on credit is claimed, including extensions. If a credit is behalf of you each tax year for reporting to the IRS; and claimed on an amended federal income tax return, an • For contracts for the disposal of qualified carbon oxide amended Form 1065, or an AAR, as applicable, in secure geological storage or the use of qualified carbon certifications may also be submitted with such amended oxide as a tertiary injectant in EOR or natural gas federal income tax return, amended Form 1065, or AAR. If recovery, identifying information (the name of the a credit was claimed on a timely filed federal income tax operator, field, unit, and reservoir), location by county and return or Form 1065 for a tax year ending after February 9, -8- Instructions for Form 8933 (Rev. 12-2022) |
Page 9 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2018, and beginning on or before January 13, 2021, for Lifecycle greenhouse gas emissions and lifecycle which certifications weren’t submitted, such certifications analysis. The term “lifecycle greenhouse gas emissions” may be submitted with an amended federal income tax means the aggregate quantity of greenhouse gas return, an amended Form 1065, or an AAR, as applicable, emissions (including direct emissions and significant for the tax year in which the credit was claimed. indirect emissions such as significant emissions from land use changes) related to the full product lifecycle, including Qualified EOR or Natural Gas Recovery Project all stages of product and feedstock production and Each qualified EOR or natural gas recovery project must distribution, from feedstock generation or extraction be certified under Regulations section 1.43-3. through the distribution and delivery and use of the finished product to the ultimate consumer, where the For purposes of a natural gas project, a petroleum mass values for all greenhouse gases are adjusted to engineer's certification as required under Regulations account for their relative global warming potential section 1.43-3(a)(3) and an operator's continued according to Table A-1 of 40 CFR Part 98 subpart A. The certification of a project as required under Regulations amount of lifecycle greenhouse gas emissions measured section 1.43-3(b)(3) must include an additional statement by a lifecycle greenhouse gas analysis (LCA) is that the certification is for purposes of the credit. expressed in carbon dioxide equivalents (CO2-e). Measurement. The measurement and written LCA report Petroleum Engineer’s Certification must be performed by or verified by an independent third party. The LCA report must be prepared in conformance The petroleum engineer's certification must be attached to with, and contain documentation that conforms to, the a Form 8933 and filed no later than the last date International Organization for Standardization (ISO) prescribed by law (including extensions) for filing the 14040:2006, Environmental Management—Life Cycle operator's or designated owner's federal income tax return Assessment—Principles and Framework and ISO or Form 1065 for the first tax year in which qualified 14044:2006, Environmental Management—Life Cycle carbon oxide is injected into the reservoir. Assessment—Requirements and Guidelines, as well as a If a credit is claimed on an amended federal statement documenting the qualifications of the income tax return, an amended Form 1065, or an independent third party, including proof of appropriate CAUTION! AAR, as applicable, the petroleum engineer's U.S. or foreign professional license, and an affidavit from certification will be treated as filed timely if it is attached to the third party stating that it's independent from you. a Form 8933 that’s submitted with such amended federal Approval of the LCA. You must submit the written LCA income tax return, amended Form 1065, or AAR. For a report and independent third-party statement to the IRS credit that’s claimed on a timely filed federal income tax and the Department of Energy (DOE). The LCA will be return or Form 1065 for a tax year ending after February 9, subject to a technical review by the DOE, and the IRS will 2018, and beginning on or before January 13, 2021, for determine whether to approve the LCA. which the petroleum engineer's certification wasn’t You should fax a copy of your LCA report, including the submitted, the petroleum engineer's certification will be independent third-party statement specified in treated as filed timely if it is attached to an amended Form Regulations section 1.45Q-4(c)(4), to the IRS at 8933 for any tax year ending after February 9, 2018, but 844-255-4817. The submission should include a cover not for tax years beginning on or before January 13, 2021. letter with: 1. Name of the facility where the qualified carbon Operator’s Continued Certification oxide is utilized (“utilization facility”); 2. Name of the operator of the utilization facility, The operator's continued certification of a project must be including operator’s TIN/EIN; attached to a Form 8933 and filed no later than the last date prescribed by law (including extensions) for filing the 3. Name of the taxpayer(s) claiming the credit based operator's or designated owner's federal income tax return on the LCA, including each taxpayer's TIN/EIN; or Form 1065 for tax years after the tax year for which the 4. Name of a corporate officer in charge of the LCA petroleum engineer's certification is filed but not after the report submission (or a designated representative) with a tax year in which injection activity ceases and all injection written power of attorney (POA on Form 2848) and that wells are plugged and abandoned. person's contact information, including official corporate mailing address; Utilization 5. Tax year in which the credit is claimed; and The amount of qualified carbon oxide utilized by you is 6. Reserved for future use. equal to the metric tons of qualified carbon oxide that you demonstrate, based upon an analysis of lifecycle You should also mail (1) the items above, and (2) the greenhouse gas emissions (LCA), that were captured and model, if the LCA wasn’t verified by an independent permanently isolated from the atmosphere (isolated), or third-party review, on a USB thumb drive, to: displaced from being emitted into the atmosphere (displaced). Instructions for Form 8933 (Rev. 12-2022) -9- |
Page 10 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Internal Revenue Service Part II. Facilities at Which Qualified Office of Associate Chief Counsel (PSI) 1111 Constitution Ave. NW Carbon Oxide Qualifies for a Credit Branch 6 (CC:PSI:6), Room 5114 Under Section 45Q(a)(1) or (2), or for Washington, DC 20224 Which an Election Was Made Under You should also send the DOE an email at Section 45Q(b)(3) LCA45Q@hq.doe.gov, and the DOE will respond with instructions for submitting the LCA application to the DOE. Line 1a Enter the number of metric tons of qualified carbon oxide Specific Instructions captured using carbon capture equipment originally placed in service at a qualified facility before February 9, To claim the credit for disposal of carbon oxide in secure 2018 (or, on or after February 9, 2018, for facilities for geological storage or for use of carbon oxide as a tertiary which an election was made under section 45Q(b)(3); see injectant in an EOR or natural gas recovery project, prior Line 10. Section 45Q(b)(3) Election, later), disposed of in to disposal in secure geological sequestration, the amount secure geological storage, and not used as a tertiary of carbon oxide must be measured at the source of injectant in a qualified enhanced oil or natural gas capture and verified either at the point of disposal in recovery project, or utilized in a way described in section secure geological storage or at the point of injection as a 45Q(f)(5). tertiary injectant in an EOR or natural gas recovery project. The amount of qualified carbon oxide is presumed Line 1b to be the lesser of the amount measured at capture and Enter inflation-adjusted credit rate. See 2022 credit rates the amount verified at disposal or injection unless it can and applicable dollar amounts, earlier. be established to the satisfaction of the IRS that the greater amount is the correct amount. Line 2a To claim the credit for utilization of carbon oxide, the Enter the number of metric tons of qualified carbon oxide amount of qualified carbon oxide utilized by you is equal captured using carbon capture equipment originally to the metric tons of qualified carbon oxide that you placed in service at a qualified facility before February 9, demonstrate, based upon an analysis of lifecycle 2018 (or, on or after February 9, 2018, for facilities for greenhouse gas emissions (LCA), were (1) captured and which an election was made under section 45Q(b)(3); see permanently isolated from the atmosphere, or (2) Line 10. Section 45Q(b)(3) Election, later), disposed of in displaced from being emitted into the atmosphere. The secure geological storage, and used as a tertiary injectant amount of qualified carbon oxide utilized by you for in a qualified enhanced oil or natural gas recovery project. purposes of the carbon oxide sequestration credit can't exceed the amount of qualified carbon oxide measured at Line 2b the source of capture. Enter inflation-adjusted credit rate. See 2022 credit rates and applicable dollar amounts, earlier. Part I. Information About You Check the applicable box(es). Line 3a Enter the number of metric tons of qualified carbon oxide Box 1. Check box 1 if you captured qualified carbon captured using carbon capture equipment originally oxide during the tax year. placed in service at a qualified facility before February 9, Box 2. Check box 2 if you physically disposed, used, or 2018 (or, on or after February 9, 2018, for facilities for utilized captured qualified carbon oxide during the tax which an election was made under section 45Q(b)(3); see year. Line 10. Section 45Q(b)(3) Election, later), and utilized as Box 3. Check box 3 if you elected to allow another described in section 45Q(f)(5). person to claim the carbon oxide sequestration credit that Line 3b you would’ve otherwise been entitled to claim. See Section 45Q(f)(3)(B) Election, earlier Enter inflation-adjusted credit rate. See 2022 credit rates and applicable dollar amounts, earlier. Box 4. Check box 4 if another person elected to allow you to claim the carbon oxide sequestration credit that they would’ve otherwise been entitled to claim. See Section 45Q(f)(3)(B) Election, earlier -10- Instructions for Form 8933 (Rev. 12-2022) |
Page 11 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. or natural gas recovery project, nor utilized as described Part III. Qualified Facilities Under in section 45Q(f)(5). Section 45Q(a)(3) or (4) for Which No Line 7b Election Was Made Under Section Enter $36 for the section 45Q(b)(1)(B)(i) applicable dollar 45Q(b)(3) amount ($180 if section 45Q(h)(2) requirements are met). Line 4a Line 8a Enter the number of metric tons of qualified carbon oxide Qualified carbon oxide captured using carbon capture captured using carbon capture equipment originally equipment originally placed in service at a qualified direct placed in service at a qualified facility on or after February air capture facility after 2022, during the 12-year period 9, 2018, during the 12-year period beginning on the date beginning on the date the equipment was originally placed the equipment was originally placed in service, disposed in service, disposed of in secure geological storage, and of in secure geological storage, and not used as a tertiary used as a tertiary injectant in a qualified enhanced oil or injectant in a qualified enhanced oil or natural gas natural gas recovery project. recovery project, nor utilized as described in section 45Q(f)(5). Line 8b Enter $26 for the section 45Q(b)(1)(B)(ii) applicable dollar Line 4b amount ($130 if section 45Q(h)(2) requirements are met). Enter section 45Q(a)(3) applicable dollar amount. See 2022 credit rates and applicable dollar amounts, earlier. Line 9a Qualified carbon oxide captured using carbon capture Line 5a equipment originally placed in service at a qualified direct Enter the number of metric tons of qualified carbon oxide air capture facility after 2022, during the 12-year period captured using carbon capture equipment originally beginning on the date the equipment was originally placed placed in service at a qualified facility on or after February in service and utilized as described in section 45Q(f)(5). 9, 2018, during the 12-year period beginning on the date the equipment was originally placed in service, disposed Line 9b of in secure geological storage, and used as a tertiary Enter $26 for the section 45Q(b)(1)(B)(ii) applicable dollar injectant in a qualified enhanced oil or natural gas amount ($130 if section 45Q(h)(2) requirements are met). recovery project. Part V. Other Information Line 5b Enter section 45Q(a)(4) applicable dollar amount. See Line 10. Section 45Q(b)(3) Election 2022 credit rates and applicable dollar amounts, earlier. You may check the box to elect having the dollar amounts applicable under section 45Q(a)(1) or (2) apply in lieu of Line 6a the dollar amounts applicable under section 45Q(a)(3) or Enter the number of metric tons of qualified carbon oxide (4) for each metric ton of qualified carbon oxide that’s captured using carbon capture equipment originally captured by you using carbon capture equipment that’s placed in service at a qualified facility on or after February originally placed in service at a qualified facility on or after 9, 2018, during the 12-year period beginning on the date February 9, 2018. See the instructions for lines 1a, 2a, or the equipment was originally placed in service, and 3a, earlier. utilized as described in section 45Q(f)(5). Line 11. Section 45Q(f)(6) Election Line 6b You may check the box to elect for applicable facilities Enter section 45Q(a)(4) applicable dollar amount. See under section 45Q(f)(6)(A). Section 45Q(f)(6)(A) provides 2022 credit rates and applicable dollar amounts, earlier. that for any tax year in which an applicable facility captures not less than 500,000 metric tons of qualified Part IV. Qualified Direct Air Capture carbon oxide, the person described in section 45Q(f)(3) (A)(ii) may elect to have such applicable facility, and any Facilities Under Section 45Q(d)(2)(A) carbon capture equipment placed in service at such Placed in Service After 2022 applicable facility, deemed as having been placed in service on February 9, 2018. The term “applicable facility” Line 7a means a qualified facility (i) that was placed in service Qualified carbon oxide captured using carbon capture before February 9, 2018, and (ii) for which no taxpayer equipment originally placed in service at a qualified direct claimed a carbon oxide sequestration credit in regards to air capture facility after 2022, during the 12-year period such facility for any tax year ending before February 9, beginning on the date the equipment was originally placed 2018. in service, disposed of in secure geological storage, and not used as a tertiary injectant in a qualified enhanced oil Instructions for Form 8933 (Rev. 12-2022) -11- |
Page 12 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 12. Section 45Q(f)(9) Election Line 16 You may check the box to elect to have the 12-year period Enter the carbon oxide sequestration credit recaptured. begin on the first day of the first tax year in which a credit Attach a statement substantially similar to Model under section 45Q is claimed for carbon capture Certificate(s) RECAPTURE to Form 8933. Report the equipment that’s originally placed in service at a qualified credit recapture amount on the appropriate line of your facility on or after February 9, 2018, if you own the carbon return. capture equipment and physically or contractually ensure the capture and disposal, utilization, or use as a tertiary Model Certificates injectant of such qualified carbon oxide; and if (i) no one Per the TD and the NPRM that preceded it, if you’re a claimed a credit under this section for such carbon large section 45Q project filer, you’ll likely have to use capture equipment for any prior tax year, (ii) the qualified multiple legal contracts with multiple parties for the facility at which such carbon capture equipment is placed capture, utilization, or disposal of carbon oxides and, in service is located in an area affected by a federally generally to claim the credit, the existence of each declared disaster (as defined by section 165(i)(5)(A)) after contract and the parties involved must be reported on the carbon capture equipment is originally placed in Form 8933 annually. For this reporting, filers should use service, and (iii) such federally declared disaster results in attachments substantially similar to model certificates a cessation of the operation of the qualified facility or the shown below. carbon capture equipment after such equipment is Model Certificate CF. Use Model Certificate CF if you’re originally placed in service. the owner of a capture facility (may not be the same entity as the owner of the industrial facility) that emits carbon Line 13. Section 45Q(f)(3)(B) Election oxide. Model Certificate CF will help show your share of If you checked box 4 in Part I, complete line 13 with the carbon oxide sequestration credit. information reported to you on a statement substantially similar to Model Certificate(s) ELECT by the electing Model Certificate DISP-Operator. Use Model person(s). See Section 45Q(f)(3)(B) Election, earlier. Certificate DISP-Operator if you’re the operator (or designated operator) of a geologic disposal site at which Lines 13a, 13b, and 13c. Complete lines 13a, 13b, and captured qualified carbon oxide was injected during the 13c with basic information reported to you on a statement calendar year. Don’t use this model certificate if carbon substantially similar to Model Certificate(s) ELECT by the oxide was injected for enhanced oil or natural gas electing person(s), for the three largest elections (in recovery. Provide a copy of your signed Model Certificate dollars). DISP-Operator to each owner of the disposal site project. (i) EIN of electing taxpayer. Model Certificate DISP-Owner. Use Model Certificate (ii) Metric tons elected. DISP-Owner if you’re the owner (or one of the owners) of (iii) Credit rates. the geologic disposal site at which captured carbon oxide (iv) Credit elected. was injected during the calendar year. The operator of the Line 13e. Report all other carbon oxide sequestration disposal site prepares Table 3 of Model Certificate credit that another person elected under section 45Q(f)(3) DISP-Operator. Report the amounts from that Table 3 on (B) to allow you to claim. Subtract line 13d from the total lines 11, 12, and 14 through 16. carbon oxide sequestration credit reported to you on a Model Certificate EOR-Operator. Use Model Certificate statement substantially similar to Model Certificate(s) EOR-Operator if you’re the operator (or designated ELECT, Part II, line 6; enter amount on line 13e. operator) of an enhanced oil or gas recovery project (EOR Complete a statement substantially similar to project) at which captured qualified carbon oxide was TIP Model Certificate ELECT if you elect under injected during the calendar year. Provide a copy of your section 45Q(f)(3)(B) to allow another person to signed Model Certificate EOR-Operator to each owner of claim carbon oxide sequestration credit. See Model the EOR project. Certificate ELECT, later. Model Certificate EOR-Owner. Use Model Certificate EOR-Owner if you’re the owner (or one of the owners) of Line 14 the EOR project at which captured carbon oxide was Enter the total qualified carbon oxide sequestration credits injected during the calendar year. The operator of the from: EOR project prepares Table 3 of Model Certificate • Schedule K-1 (Form 1065), Partner's Share of Income, EOR-Operator. Report the amounts from that Table 3 on Deductions, Credits, etc., box 15 (code P); and lines 11, 12, and 14 through 16. • Schedule K-1 (Form 1120-S), Shareholder's Share of Model Certificate UTZ. Use Model Certificate UTZ if Income, Deductions, Credits, etc., box 13 (code P). you’re the owner of the utilization facility who utilized Partnerships and S corporations report the above qualified carbon oxide during the calendar year. Don’t credits on line 10 and their Schedule K. All others not combine information from separate utilization facilities on using earlier lines to figure a separate credit can report the the same Model Certificate UTZ. Provide a copy of your above credits directly on Form 3800, Part III, line 1x. signed Model Certificate UTZ to each supplier that -12- Instructions for Form 8933 (Rev. 12-2022) |
Page 13 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. supplied qualified captured carbon oxide to inform the (2) you elect under section 45Q(f)(3)(B) to allow the suppliers of the amount of their qualified carbon oxide that carbon oxide sequestration credit to that person. You was utilized. must make a separate election for each qualified facility. Model Certificate ELECT. Use Model Certificate ELECT Model Certificate RECAPTURE. Use Model Certificate if (1) you’re the owner of the capture facility that supplied RECAPTURE if you’re the operator or owner of the qualified carbon oxide to another person that was properly geologic disposal site or EOR project to report a recapture disposed of in geological storage, used in an EOR project, event. or utilized in a manner consistent with section 45Q(f), and Instructions for Form 8933 (Rev. 12-2022) -13- |
Page 14 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Model Certificate CF Capture Facility Certification 2022 Name(s) shown on return: Identifying number: Part I. Information About Industrial Facility, Carbon Capture Equipment, Carbon Oxide Sequestration Credit, and Elections Yes No Section 1—Industrial facility information: 1 Name of facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Location (county and state) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Facility's EPA e-GGRT ID number(s)* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Is the facility an electricity-generating facility? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Is the facility a direct air capture facility? If “Yes,” skip to line 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 If the facility isn’t an electricity-generating or direct air capture facility, state the nature of the facility (for example, ethanol production, cement manufacturing, etc.) . . . . . . . . . 7 What is the placed-in-service date of the facility (MM/DD/YYYY)? . . . . . . . . . . . . . 8 Does the facility described above process carbon dioxide or any other gas from underground deposits? . . . . . . . . . . . . . . 8a If you answered “Yes” to line 8, was any gas obtained from a carbon dioxide production well at natural carbon dioxide-bearing formations or at a naturally occurring subsurface spring, which means a well that contains 90% or greater carbon dioxide by volume? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8b If you answered “Yes” to line 8a, you can’t treat the facility as a qualified industrial facility to the extent that it processed gas described in line 8a during the tax year. See line 8c. 8c If you answered “Yes” to line 8a, do you attest that you meet the exception for a deposit that contains a product, other than carbon oxide, that’s commercially viable to extract and sell without taking into account the availability of a commercial market for the carbon oxide that’s extracted or any carbon oxide sequestration credit that might be available? . . . . . . . . . . . . . . . . . 8d If you answered “Yes” to line 8c, have you attached an attestment letter from an independent registered engineer? Don’t treat the facility as a qualified industrial facility unless you answered “Yes” to both lines 8c and 8d. See instructions . . . . . . . . . . . . . 9 What were the emissions of carbon oxide during the calendar year (amount released to the atmosphere plus amount captured)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9a Of the amount listed on line 9, what amount was carbon dioxide? . . . . . . . . . . . . . . 9b Of the amount listed on line 9, what amount was carbon monoxide? . . . . . . . . . . . . 10 Was annualization of first-year carbon oxide emissions required for this calendar year? . . . . . . . . . . . . . . . . . . . . . . . . . 10a If you answered “Yes” to line 10, state the annualized carbon oxide emissions and attach a statement that shows how you determined the annualized carbon oxide emissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Was aggregation of multiple facilities required to achieve the requisite carbon capture thresholds? . . . . . . . . . . . . . . . . . 11a If you answered “Yes” to line 11, attach a statement that lists the facilities and describes the appropriateness of their aggregation. Section 2—Carbon capture equipment and direct air capture facility information: 12 Is carbon capture done by a direct air capture facility? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 State the location of the carbon capture equipment or direct air capture facility (county and state) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Was any carbon capture equipment placed in service prior to February 9, 2018? See instructions . . . . . . . . . . . . . . . . . . 15 What was the placed-in-service date (MM/DD/YYYY) of the carbon capture equipment or direct air capture facility described on line 13? See instructions . . . . . . . . . . . . . . . 16 Are you the owner of the carbon capture equipment described on line 13? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16a If you answered “No” to line 16, state your basis for claiming the credit . . . . . . . . . . 17 For carbon capture equipment placed in service after February 9, 2018, do you attest that, to the best of your knowledge, you’re the only person who will claim carbon oxide sequestration credit for carbon oxide captured by each single train of carbon capture equipment during the tax year (irrespective of any election you make to allow a contracting disposer, injector, or utilizer to claim credit)? Don’t claim the credit unless you can answer “Yes.” See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 For the carbon capture equipment described on line 13, what was the carbon capture capacity on or after February 8, 2018? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * if available Model Certificate CF -14- Instructions for Form 8933 (Rev. 12-2022) |
Page 15 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 2 Part I. Information About Industrial Facility, Carbon Capture Equipment, Carbon Oxide Sequestration Credit, and Elections Yes No (continued) 19 Was additional carbon capture equipment installed on or after February 9, 2018? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19a For equipment described on line 19, what was the beginning of construction date (MM/DD/YYYY)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19b For equipment described on line 19, what was the placed-in-service date (MM/DD/ YYYY)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19c Is the placed-in-service date of the carbon capture equipment described on line 19 determined pursuant to the 80/20 rule? . . . . 19d If you answered “Yes” to line 19c, state your investment in new carbon capture equipment and the fair market value of pre-existing carbon capture equipment . . . 19e If the placed-in-service date of the carbon capture equipment was determined pursuant to the 80/20 rule, did you include its investment in a transportation pipeline as new carbon capture equipment? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19f If you answered “Yes” to line 19e, state your investment in a transportation pipeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 What was the total amount of carbon oxide captured during the calendar year (in metric tons)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20a Of the amount listed on line 20, what amount was carbon dioxide? . . . . . . . . . . . 20b Of the amount listed on line 20, what amount was carbon monoxide? . . . . . . . . . 21 Was annualization of first-year captured carbon oxide required for this calendar year? . . . . . . . . . . . . . . . . . . . . . . . . . . . 21a If you answered “Yes” to line 21, state the annualized carbon oxide emissions . . . . Section 3—Information about carbon oxide sequestration credit and your elections: 22 During the calendar year, are other parties contractually ensuring disposal, injection, or utilization of qualified carbon oxide captured at this facility? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 For this calendar year, do you elect to allow any of the parties described on line 22 to claim some or all of the carbon oxide sequestration credit? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 If you answered “No” to line 14, do you elect to apply the $10 and $20 rates (adjusted for inflation) in lieu of the applicable dollar amounts? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 If you answered “Yes” to line 24, determine the credit using lines 1, 2, or 3 in Part II. 26 If you answered “No” to line 24, determine the credit using lines 4, 5, or 6 in Part III. 27 Is the facility described in Part I an applicable facility and are you making the election under section 45Q(f)(6)? See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27a If you answered “Yes” to both parts of line 27, determine the credit using lines 4, 5, or 6 in Part III. See instructions. Part II. Facilities at Which Qualified Carbon Oxide Qualifies for a Credit Under Section 45Q(a)(1) or (2), or for Which an Election Was Made Under Section 45Q(b)(3) Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility before February 9, 2018 (or, on or after February 9, 2018, for facilities for which an election was made under section 45Q(b)(3)), disposed of in secure geological storage, and not used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project, nor utilized as described in section 45Q(f)(5). (c) Carbon oxide sequestration (a) Metric tons (b) Rate credit. Multiply column (a) by column (b). 1a Metric tons captured and delivered to point of disposal . . . . . . . . . . . . . . . . . . 1b Metric tons captured and securely stored by you. Attach Model Certificates DISP-Operator and DISP-Owner for each disposal site . . . . . . . . . . . . . . . . . . 1c Metric tons captured and securely stored (physically disposed) by another person. Attach Model Certificates DISP-Operator and DISP-Owner for each disposal site . . 1d Add lines 1b and 1c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.07 1e Metric tons captured and securely stored (physically disposed) by another person and for which you allow that person to claim the resulting carbon oxide sequestration credit. $25.07 Attach Model Certificate ELECT for each disposal site . . . . . . . . . . . . . . . . . . 1f Your carbon oxide sequestration credit. Subtract line 1e from line 1d. . . . . . . . . . $25.07 Model Certificate CF Instructions for Form 8933 (Rev. 12-2022) -15- |
Page 16 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 3 Part II. Facilities at Which Qualified Carbon Oxide Qualifies for a Credit Under Section 45Q(a)(1) or (2), or for Which an Election Was Made Under Section 45Q(b)(3) (continued) Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility before February 9, 2018, disposed of in secure geological storage, and used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project. (c) Carbon oxide sequestration credit. (a) Metric tons (b) Rate Multiply column (a) by column (b). 2a Metric tons captured and delivered to point of injection . . . . . . . . . . . . . . . . . . 2b Metric tons captured and securely stored by you. Attach Model Certificates EOR-Operator and EOR-Owner for each recovery project . . . . . . . . . . . . . . . . 2c Metric tons captured and securely stored by another person. Attach Model Certificates EOR-Operator and EOR-Owner for each recovery project . . . . . . . . . . . . . . . . 2d Add lines 2b and 2c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12.53 2e Metric tons captured and securely stored by another person and for which you allow that person to claim the resulting carbon oxide sequestration credit. Attach Model $12.53 Certificate ELECT for each recovery project . . . . . . . . . . . . . . . . . . . . . . . . . 2f Your carbon oxide sequestration credit. Subtract line 2e from line 2d. . . . . . . . . . $12.53 Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility before February 9, 2018, and utilized as described in section 45Q(f)(5). (c) Carbon oxide sequestration credit. (a) Metric tons (b) Rate Multiply column (a) by column (b). 3a Metric tons captured and delivered to point of utilization . . . . . . . . . . . . . . . . . . 3b Metric tons captured and physically utilized by you. Attach Model Certificate UTZ for each utilization facility. Expressed as carbon dioxide equivalents that were determined pursuant to an approved Life Cycle Assessment (LCA). See instructions . . . . . . . 3c Metric tons captured and physically utilized by another person. Attach Model Certificate UTZ for each utilization facility. Expressed as carbon dioxide equivalents that were determined pursuant to an approved LCA. See instructions . . . . . . . . . 3d Add lines 3b and 3c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $12.53 3e Metric tons captured and physically utilized by another person and for which you elect to allow that person to claim the resulting carbon oxide sequestration credit. Expressed as carbon dioxide equivalents that were determined pursuant to an $12.53 approved LCA. See instructions. Attach Model Certificate ELECT for each utilization facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3f Your carbon oxide sequestration credit. Subtract line 3e from line 3d. . . . . . . . . . $12.53 Model Certificate CF -16- Instructions for Form 8933 (Rev. 12-2022) |
Page 17 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 4 Part III. Qualified Facilities Under Section 45Q(a)(3) or (4) for Which No Election Was Made Under Section 45Q(b)(3) Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility on or after February 9, 2018, during the 12-year period beginning on the date the equipment was originally placed in service, disposed of in secure geological storage, and not used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project, nor utilized as described in section 45Q(f)(5). (c) Carbon oxide sequestration credit. (a) Metric tons (b) Rate Multiply column (a) by column (b). 4a Metric tons captured and delivered to point of disposal . . . . . . . . . . . . . . . . . . 4b Metric tons captured and securely stored (physically disposed) by you. Attach Model Certificates DISP-Operator and DISP-Owner for each disposal site. . . . . . . . . . . 4c Metric tons captured and securely stored (physically disposed) by another person. Attach Model Certificates DISP-Operator and DISP-Owner for each disposal site . . 4d Add lines 4b and 4c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $37.85 4e Metric tons captured and securely stored (physically disposed) by another person and for which you allow that person to claim the resulting carbon oxide sequestration. $37.85 Attach Model Certificate ELECT for each disposal site. . . . . . . . . . . . . . . . . . . 4f Your carbon oxide sequestration credit. Subtract line 4e from line 4d . . . . . . . . . . $37.85 Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility on or after February 9, 2018, during the 12-year period beginning on the date the equipment was originally placed in service, disposed of in secure geological storage, and used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project. (c) Carbon oxide sequestration credit. (a) Metric tons (b) Rate Multiply column (a) by column (b). 5a Metric tons captured and delivered to point of injection . . . . . . . . . . . . . . . . . . 5b Metric tons captured and securely stored (physically disposed) by you. Attach Model Certificates EOR-Operator and EOR-Owner for each recovery project . . . . . . . . . 5c Metric tons captured and securely stored (physically disposed) by another person. Attach Model Certificates EOR-Operator and EOR-Owner for each recovery project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5d Add lines 5b and 5c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.15 5e Metric tons captured and securely stored (physically disposed) by another person and for which you allow that person to claim the resulting carbon oxide sequestration. $25.15 Attach Model Certificate ELECT for each recovery project . . . . . . . . . . . . . . . . 5f Your carbon oxide sequestration credit. Subtract line 5e from line 5d . . . . . . . . . . $25.15 Model Certificate CF Instructions for Form 8933 (Rev. 12-2022) -17- |
Page 18 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 5 Part III. Qualified Facilities Under Section 45Q(a)(3) or (4) for Which No Election Was Made Under Section 45Q(b)(3) (continued) Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility on or after February 9, 2018, during the 12-year period beginning on the date the equipment was originally placed in service, and utilized as described in section 45Q(f)(5). (c) Carbon oxide sequestration credit. (a) Metric tons (b) Rate Multiply column (a) by column (b). 6a Metric tons captured and delivered to point of utilization . . . . . . . . . . . . . . . . . . 6b Metric tons captured and physically utilized by you. Attach Model Certificate UTZ for each utilization facility. Expressed as carbon dioxide equivalents . . . . . . . . . . . . 6c Metric tons captured and physically utilized by another person. Attach Model Certificate UTZ for each utilization facility. Expressed as carbon dioxide equivalents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6d Add lines 6b and 6c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.15 6e Metric tons captured and physically utilized by another person and for which you elect to allow that person to claim the resulting carbon oxide sequestration credit. $25.15 Expressed as carbon dioxide equivalents. Attach Model Certificate ELECT for each utilization project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6f Your carbon oxide sequestration credit. Subtract line 6e from line 6d. . . . . . . . . . $25.15 Part IV. Qualified Direct Air Capture Facilities Under Section 45Q(d) Placed in Service After 2022 Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified direct air capture facility after 2022 during the 12-year period beginning on the date the equipment was originally placed in service, disposed of in secure geological storage, and not used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project, nor utilized as described in section 45Q(f)(5). (c) Carbon oxide sequestration credit. (a) Metric tons (b) Rate Multiply column (a) by column (b). 7a Metric tons captured and delivered to point of disposal . . . . . . . . . . . . . . . . . . 7b Metric tons captured and securely stored (physically disposed) by you. Attach Model Certificates DISP-Operator and DISP-Owner for each disposal site . . . . . . . . . . . 7c Metric tons captured and securely stored (physically disposed) by another person. Attach Model Certificates DISP-Operator and DISP-Owner for each disposal site . . 7d Sum of 7b and 7c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $36 7e Metric tons captured and securely stored (physically disposed) by another person and for which you allow that person to claim the resulting carbon oxide sequestration. $36 Attach Model Certificate ELECT for each disposal site . . . . . . . . . . . . . . . . . . . 7f Your carbon oxide sequestration credit. Subtract line 7e from line 7d. . . . . . . . . . $36 Note. Enter $180 in column (b) for lines 7d, 7e, and 7f if section 45Q(h)(2) requirements are met. Model Certificate CF -18- Instructions for Form 8933 (Rev. 12-2022) |
Page 19 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 6 Part IV. Qualified Direct Air Capture Facilities Under Section 45Q(d) Placed in Service After 2022 (continued) Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified direct air capture facility after 2022 during the 12-year period beginning on the date the equipment was originally placed in service, disposed of in secure geological storage, and used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project. (c) Carbon oxide sequestration credit. (a) Metric tons (b) Rate Multiply column (a) by column (b). 8a Metric tons captured and delivered to point of injection . . . . . . . . . . . . . . . . . . 8b Metric tons captured and securely stored (physically disposed) by you. Attach Model Certificates EOR-Operator and EOR-Owner for each recovery project . . . . . . . . . 8c Metric tons captured and securely stored (physically disposed) by another person. Attach Model Certificates EOR-Operator and EOR-Owner for each recovery project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8d Add lines 8b and 8c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $26 8e Metric tons captured and securely stored (physically disposed) by another person and for which you allow that person to claim the resulting carbon oxide sequestration. $26 Attach Model Certificate ELECT for each recovery project . . . . . . . . . . . . . . . . 8f Your carbon oxide sequestration credit. Subtract line 8e from line 8d. . . . . . . . . . $26 Note. Enter $130 in column (b) for lines 8d, 8e, and 8f if section 45Q(h)(2) requirements are met. Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified direct air capture facility after 2022 during the 12-year period beginning on the date the equipment was originally placed in service, and utilized as described in section 45Q(f)(5). (c) Carbon oxide sequestration credit. (a) Metric tons (b) Rate Multiply column (a) by column (b). 9a Metric tons captured and delivered to point of utilization . . . . . . . . . . . . . . . . . . 9b Metric tons captured and physically utilized by you. Attach Model Certificate UTZ for each utilization facility. Expressed as carbon dioxide equivalents . . . . . . . . . . . . 9c Metric tons captured and physically utilized by another person. Attach Model Certificate UTZ for each utilization facility. Expressed as carbon dioxide equivalents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9d Sum of 9b and 9c. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $26 9e Metric tons captured and physically utilized by another person and for which you elect to allow that person to claim the resulting carbon oxide sequestration credit. $26 Expressed as carbon dioxide equivalents. Attach Model Certificate ELECT for each utilization project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9f Your carbon oxide sequestration credit. Subtract line 9e from line 9d. . . . . . . . . . $26 Note. Enter $130 in column (b) for lines 9d, 9e, and 9f if section 45Q(h)(2) requirements are met. Model Certificate CF Instructions for Form 8933 (Rev. 12-2022) -19- |
Page 20 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 7 Capture Facility Certification (continued) Under penalties of perjury, I attest that I am an officer of the company that’s the owner of the subject capture facility. I further attest that the above information is true and correct. Signature and date signed Printed or typed name of person signing this report Title Company's name and EIN Model Certificate CF -20- Instructions for Form 8933 (Rev. 12-2022) |
Page 21 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Model Certificate DISP-Operator Disposal Operator Certification 2022 Name(s) shown on return: Identifying number: Information about the owners of the geologic disposal site: 1 In Table 1 below, list information about each owner of the disposal site during the calendar year. If there are more than four owners, prepare a separate table with all the owner information and attach it to this model certificate. If one or more of the owners is a partnership or S corporation, provide information for the pass-through entity, not partners or shareholders. If one or more of the owners is part of a joint venture that has elected out of subchapter K of the Code, provide information for all such owners. Table 1 — Information About the Owner(s) of the Disposal Site Operating Disposal site owner Name Address EIN interest (%) 1 2 3 4 Information about the geologic disposal site: 2 Name and location (county and state, or offshore tract) . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 List the name and EIN of the operator of the site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 List any other companies that are identified as the operator of the project for any other purpose(s) and the nature of the purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Geologic disposal site’s EPA e-GGRT ID number(s)* . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 When did injection of captured qualified carbon oxide begin (MM/YYYY)? . . . . . . . . . . . . . . . 7 Check here to declare that all figures of stored carbon oxide on this certificate are for carbon oxide consistent with figures reported to the EPA pursuant to the applicable MRV plan and subpart RR of the EPA's Greenhouse Gas Reporting Program . . . . . . . . . . . . . 8 Attach a copy of the approved MRV plan or provide the URL where it can be viewed on the EPA website. Information about the qualified carbon oxide supplied to the geologic disposal site and securely stored: 9 In Table 2, provide information about all suppliers of qualified carbon oxide during the calendar year. “Qualified” carbon oxide means carbon oxide from a supplier who attests that the carbon oxide was captured at one of its qualified section 45Q facilities. For qualified carbon oxide, “supplier” means the person who captured the qualified carbon oxide, which may differ from the company that sold the qualified carbon oxide or physically delivered the qualified carbon oxide to the owner of the geologic disposal site. Table 2 — Information About Suppliers of Qualified Carbon Oxide Check if supplier Name and location of supplied any Qualified carbon Name EIN capture facility EPA's e-GGRT ID* nonqualified oxide supplier (county, state) carbon oxide from any source 1 2 3 * if available Model Certificate DISP Operator‐ Instructions for Form 8933 (Rev. 12-2022) -21- |
Page 22 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 2 Disposal Operator Certification (continued) 10 Complete Table 3 below using information that’s consistent with all applicable EPA filings. If there are more than four owners of the geologic disposal site or suppliers of qualified carbon oxide, prepare a separate table with all the supplier information and attach it to this model certificate. 11 Check here to attest that all figures in Table 3 conform to all applicable EPA filings . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 3 — Information About Disposal Qualified carbon Qualified carbon Qualified carbon Total qualified All other suppliers Total metric tons for all oxide supplier oxide supplier oxide supplier carbon oxide from of nonqualified carbon oxide suppliers number 1 number 2 number 3 all suppliers carbon oxide (H) (I) Metric Metric (L) Metric (C) tons (M) Metric (A) (B) (D) (E) (F) (G) tons (J) (K) tons Metric stored tons stored Geologic Metric Metric Metric Metric Metric delivered Metric Metric delivered tons (add (add disposal tons tons tons tons tons (add tons tons (add store columns columns (I) site owner delivered delivered stored delivered stored columns delivered stored columns d (C), (E), and (K)) (B), (D), (H) and (J)) and (G)) and (F)) 1 2 3 4 5 Total (add lines 1 through 4) Under penalties of perjury, I attest that I am an officer of the company that’s the operator of the subject geologic disposal site or that I have been designated by the operating interest owners to prepare and submit this certificate to the IRS on their behalf. I further attest that the above information is true and correct. Signature and date signed Printed or typed name of person signing this report Title Company’s name and EIN Model Certificate DISP Operator‐ -22- Instructions for Form 8933 (Rev. 12-2022) |
Page 23 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Model Certificate DISP Owner‐ Disposal Owner Certification 2022 Name(s) shown on return: Identifying number: Information about you, the owner of the geologic disposal site: 1 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 EIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information about your suppliers of qualified carbon oxide. Complete a separate Model Certificate DISP-Owner for each of your suppliers of qualified carbon oxide: 4 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 EIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Name and location of qualified carbon oxide capture facility (if supplier supplied any qualified carbon oxide) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Type of industrial facility at which the supplier captured its qualified carbon oxide . . . . . . . . . . . 8 Check here if you were one of the suppliers. Don’t check unless the EIN of the supplier of the qualified carbon oxide is the same as the EIN of the entity that’s an owner of the geologic disposal site. If the EINs aren’t the same, there must be a binding written contract between the entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Unless line 8 is checked, do you attest that a binding written contract between you and the supplier exists that ensures that you Yes No will securely store the qualified carbon oxide in the manner required under section 45Q and the underlying regulations? . . . 10 Provide the date (MM/DD/YYYY) of the contract referenced in the line above or the date of the most recent amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Metric tons of qualified carbon oxide received from the supplier during the calendar year (metric tons should agree with the figure reported for you for this supplier by the project's operator in Model Certificate DISP Operator, Table 3) ‐ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Metric tons of qualified carbon oxide received from the supplier and stored by you during the calendar year (metric tons should agree with the figure reported for you for this supplier by the disposal site's operator in Model Certificate DISP Operator, Table 3)‐ . . . . . . . . . . . . . . . . . . 13 Metric tons of nonqualified carbon oxide received by you during the calendar year . . . . . . . . . . 14 Metric tons of nonqualified carbon oxide stored by you during the calendar year (metric tons should be from Model Certificate DISP Operator, Table 3)‐ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Add lines 11 and 13. Total amount of qualified carbon oxide injected (amount should agree with the figure reported for you in Model Certificate DISP-Operator, Table 3) . . . . . . . . . . . . . . . . . . . 16 Add lines 12 and 14. Total amount of qualified carbon oxide stored (amount should agree with the figure for you in Model Certificate DISP-Operator, Table 3) . . . . . . . . . . . . . . . . . . . . . . . . . 17 Reserved for future use. 18 Check here if you attest that the supplier of qualified carbon oxide elected to allow you to claim some or all of the carbon oxide sequestration credit attributable to their qualified carbon oxide. If you checked the box, attach a copy of Model Certificate ELECT signed by the supplier for this calendar year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Under penalties of perjury, I attest that I am an officer of the company that’s the owner of the subject DISP project. I further attest that the above information is true and correct and that I have provided a signed copy of this completed certificate to each person who supplied qualified carbon oxide to my company for use at the subject DISP project during this calendar year. Signature and date signed Printed or typed name of person signing this report Title Company's name and EIN Model Certificate DISP Owner‐ Instructions for Form 8933 (Rev. 12-2022) -23- |
Page 24 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Model Certificate EOR Operator‐ Enhanced Oil Recovery Operator Certification 2022 Name(s) shown on return: Identifying number: Information about the owners of the EOR project: 1 In Table 1 below, list information about each owner of the EOR project during the calendar year. If there are more than four owners, prepare a separate table with all the owner information and attach it to this model certificate. If one or more of the owners is a partnership or S corporation, provide information for the pass-through entity, not partners or shareholders. If one or more of the owners is part of a joint venture that has elected out of subchapter K of the Code, provide the information for all such owners. Table 1 — Information About the Owner(s) of the EOR Project EOR project Name Address EIN Operating owner interest (%) 1 2 3 4 Information about the EOR project: 2 Name and location (county and state) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 List the name and EIN of the person who, for purposes of Regulations section 1.45Q-2(h), is the operator of the project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 List any other companies that are identified as the operator of the project for any other purpose(s) and the nature of the purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 EPA e-GGRT ID number(s)* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Date (MM/YYYY) on which the injection of captured qualified carbon oxide began . . . . . . . 7 If the project was previously certified under section 43, state the name of the certified project and date (MM/DD/YYYY) of the petroleum engineer's certification . . . . . . . . . . . . . . . . . 8 If the project wasn’t previously certified under section 43, attach a copy of a valid petroleum engineer's certification to this Model Certificate EOR-Operator. Yes No 9 Is this project an enhanced natural gas recovery project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Are all injection wells appropriately permitted? See Secure geological storage, earlier . . . . . . . . . . . . . . . . . . . . . . . . . . 11 If you answered “No” to line 10, the carbon oxide sequestration credit can’t be claimed. 12 Are any of the wells in the project EPA Class VI? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 If you answered “Yes” to line 12, check here to declare that all figures of stored qualified carbon oxide on this model certificate are consistent with figures reported to the EPA pursuant to the applicable MRV plan and subpart RR of EPA’s Greenhouse Gas Reporting Program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 If you answered “Yes” to line 12, provide the EPA approval date (MM/DD/YYYY) of the MRV plan, and attach a copy of the approved MRV plan or its URL on the EPA's website . . . . . . 15 If you answered “Yes” to line 10 and “No” to line 12, are you relying on subpart RR of the Greenhouse Gas Reporting Program or ISO 27916 to demonstrate secure storage (check which one)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Subpart RR ISO 27916 16 If line 15 is subpart RR, provide the EPA approval date (MM/DD/YYYY) of the MRV plan, and attach a copy of the approved MRV plan or its URL on the EPA's website . . . . . . . . . . . . . 17 If line 15 is ISO 27916, attach a copy of the ISO 27916 documentation for the year. 18 If line 15 is ISO 27916, attach a copy of the certification completed by a qualified independent engineer or geologist. Information about the qualified carbon oxide supplied to the EOR project and securely stored: 19 In Table 2, provide information about all suppliers of qualified carbon oxide during the calendar year. “Qualified” carbon oxide means carbon oxide from a supplier who attests that the carbon oxide was captured at one of its qualified 45Q facilities. For qualified carbon oxide, “supplier” means the person who captured the qualified carbon oxide, who may differ from the company that sold the carbon oxide or physically delivered the carbon oxide to the owner of the EOR utilization facility. * if available Model Certificate EOR Operator‐ -24- Instructions for Form 8933 (Rev. 12-2022) |
Page 25 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 2 Enhanced Oil Recovery Operator Certification (continued) Table 2 — Information About Suppliers of Qualified Carbon Oxide Check if supplier Qualified Location of capture Check if supplier provided Name of carbon oxide Name EIN facility provided any qualified any capture facility supplier (county, state) carbon oxide nonqualified carbon oxide 1 2 3 20 Complete Table 3 below using information that conforms to all applicable EPA filings and certified ISO 27916 documentation if it was used to demonstrate secure storage. If there are more than four owners of the EOR project or three suppliers of qualified carbon oxide, prepare a separate table that includes all relevant information and attach it to this model certificate. 21 Check here to attest that all figures in Table 3 conform to all applicable EPA filings and certified ISO 27916 documentation . Table 3 — Information About Enhanced Oil Recovery Qualified carbon Qualified carbon Qualified carbon Total qualified All other Total metric tons for all oxide supplier oxide supplier oxide supplier carbon oxide from suppliers of carbon oxide suppliers number 1 number 2 number 3 all suppliers nonqualified carbon oxide (I) (H) Metric Metric tons (L) Metric (M) Metric (B) (C) (D) (E) (F) (G) tons (J) (K) (A) EOR stored tons tons stored Metric Metric Metric Metric Metric Metric delivered Metric Metric project (add delivered (add tons tons tons tons tons tons (add tons tons owner columns (add columns columns (I) delivered stored delivered stored delivered stored columns delivered stored (C), (H) and (J)) and (K)) (B), (D), (E), and and (F)) (G)) 1 2 3 4 5 Total (add lines 1 through 4) Under penalties of perjury, I attest that I am an officer of the company that’s the operator of the subject EOR project or that I have been designated by the operating interest owners to prepare and submit this certificate to the IRS on their behalf. I further attest that the above information is true and correct. Signature and date signed Printed or typed name of person signing this report Title Company's name and EIN Model Certificate EOR Operator‐ Instructions for Form 8933 (Rev. 12-2022) -25- |
Page 26 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Model Certificate EOR Owner‐ Enhanced Oil Recovery Owner Certification 2022 Name(s) shown on return: Identifying number: Information about you, the owner of the EOR project: 1 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 EIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information about all suppliers of qualified carbon oxide to you. Complete multiple model certificates if you had more than one supplier of qualified carbon oxide: 4 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 EIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Name and location (county, state) of qualified carbon oxide capture facility . . . . . . . . . . . 7 Type of industrial facility at which the supplier captured its qualified carbon oxide . . . . . . . 8 Check here if you were one of the suppliers. Don’t check unless the EIN of the supplier of the qualified carbon oxide is the same as the EIN of the entity that’s an owner of the geologic disposal site. If the EINs aren’t the same, there must be a binding written contract between the entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Unless line 8 is checked, do you attest that a binding written contract between you and the supplier exists that ensures that Yes No you will securely store the qualified carbon oxide in the manner required under section 45Q and the underlying regulations? 10 Provide the date (MM/DD/YYYY) of the contract referenced in the line above or the date of the most recent amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Metric tons of qualified carbon oxide received from the supplier during the calendar year (metric tons should agree with the figure reported for you for this supplier by the project's operator in Model Certificate EOR Operator, Table 3)‐ . . . . . . . . . . . . . . . . . . . . . . . . 12 Metric tons of qualified carbon oxide stored by you during the year (metric tons should agree with the figure reported for you for this supplier by the disposal site's operator in Model Certificate EOR Operator, Table 3)‐ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Metric tons of nonqualified carbon oxide received by you during the year . . . . . . . . . . . . 14 Metric tons of nonqualified carbon oxide utilized as a tertiary injectant stored by you during the calendar year (metric tons should be from Model Certificate EOR-Operator, Table 3) . . . . 15 Add lines 11 and 13. Total amount of qualified carbon oxide injected (amount should agree with the figure for you in Model Certificate EOR-Operator, Table 3) . . . . . . . . . . . . . . . . 16 Add lines 12 and 14. Total amount of qualified carbon oxide stored (amount should agree with the figure for you in Model Certificate EOR-Operator, Table 3) . . . . . . . . . . . . . . . . . . . 17 Reserved for future use. 18 Check here if you attest that the supplier of qualified carbon oxide elected to allow you to claim some or all of the carbon oxide sequestration credit attributable to their qualified carbon oxide. If you checked the box, attach a copy of Model Certificate ELECT signed by both you and the supplier for this calendar year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Under penalties of perjury, I attest that I am an officer of the company that’s the owner of the subject EOR project. I further attest that the above information is true and correct and that I have provided a signed copy of this completed certificate to each person who supplied qualified carbon oxide to my company for use at the subject EOR project during this year. Signature and date signed Printed or typed name and title of person signing this report Title Company's name and EIN Model Certificate EOR Owner‐ -26- Instructions for Form 8933 (Rev. 12-2022) |
Page 27 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Model Certificate UTZ Utilization Certification 2022 Name(s) shown on return: Identifying number: Part I. Information About the Qualified Carbon Utilization Facility and Utilization of Carbon Oxide Section 1—Information about owner or lessee(s) of the qualified carbon utilization facility and utilization of qualified carbon oxide at this facility: 1 In Table 1 below, list information about each owner or lessee of the qualified carbon oxide utilization facility during the calendar year. If there are more than four owners or lessees, prepare a separate table with all the owner or lessee information and attach it to this model certificate. Note. If one or more of the owners is a partnership or S corporation, provide information for the pass-through entity, not partners or shareholders. Table 1 — Information About the Owner(s) or Lessee(s) of the Qualified Carbon Utilization Facility Owner/Lessee Name Address EIN Operating interest (%) 1 2 3 4 Total 2 Name of the utilization facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Location of the utilization facility (street, county, and state) . . . . . . . . . . . . . . 4 Registered owner or operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Provide information about utilization of qualified carbon oxide at this facility below. Check all that apply Describe in more detail how the qualified carbon oxide is utilized a Fixation through photosynthesis or chemosynthesis, such as through the growing of algae or bacteria. b Chemical conversion to a material or chemical compound in which qualified carbon oxide is securely stored. c For any other purpose for which a commercial market exists (with the exception of use as a tertiary injectant in a qualified enhanced oil or natural gas recovery project), as determined by regulations or other official guidance. Yes No 5.1 Do you attest that a commercial market exists for your particular product, process, or service? . . . . . . . . . . . . . . . . . . . . . . . 5.2 Have you attached a statement substantiating that a commercial market exists? Don’t complete this model certificate unless you answered “Yes” to the questions on lines 5.1 and 5.2. See instructions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Model Certificate UTZ Instructions for Form 8933 (Rev. 12-2022) -27- |
Page 28 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 2 (K)) carbon oxide utilized (add (M) Metric tons of columns (I) and Model Certificate UTZ . . . . . and (J)) nonqualified carbon oxide . of carbon to utilization facility (add columns (H) . Check if supplier supplied any . Sum for all carbon oxide suppliers (L) Metric tons oxide delivered . . . . . . . EPA . tons of utilized . (K) Metric e-GGRT ID number(s)* . carbon oxide . oxide facility Location of (county, state) (J) Metric tons delivered to utilization Total nonqualified carbon oxide from all suppliers of carbon capture facility (I) Metric tons of carbon oxide utilized (add columns (C), (E), and (G)) . . . . . from all suppliers . tons of (continued) Name of capture facility . Total qualified carbon oxide (H) Metric delivered to utilization facility (add columns (B), (D), and (F)) . carbon oxide . . . . . . . (G) Metric qualified carbon oxide utilized . tons of . . EIN . . . . . oxide supplier 3 . (F) Metric qualified facility . tons of . Name of qualified carbon carbon oxide delivered to utilization . . . . . . . (E) Metric qualified carbon oxide utilized . tons of . . . . . Name . oxide supplier 2 facility tons of (D) Metric qualified Name of qualified carbon carbon oxide delivered to utilization (C) Metric qualified carbon oxide utilized tons of oxide supplier 1 facility tons of (B) Metric qualified 1 2 3 Name of qualified carbon carbon oxide delivered to utilization supplier 1 2 3 4 facility Total Qualified carbon oxide lessee of utilization In Table 2, provide information about all suppliers of qualified carbon oxide during the calendar year. “Qualified” carbon oxide means carbon oxide from a supplier who attests that the carbon oxide was captured at one of its qualified 45Q facilities. “Supplier” means the person who captured the qualified carbon oxide, which may differ from the company that sold the carbon oxide or physically delivered the carbon oxide to the owner of the utilization facility. If there are more than three suppliers of qualified carbon oxide to the utilization facility, prepare a separate table with all information and attach it to this model certificate. Table 2 — Information About Suppliers of Qualified Carbon Oxide List all suppliers of nonqualified carbon oxide Complete Table 3 below using information that conforms to the Life Cycle Assessment (LCA) that was approved by the Department of Energy and the IRS. If there are more than four owners of the utilization facility or three suppliers of qualified carbon oxide, prepare a separate table with all information and attach it to this model certificate. Check here to attest that all figures in Table 3 conform to the LCA that was subject to a technical review by the DOE, and approved by the IRS Attach a copy of the LCA approval letter from the IRS. Don’t file this model certificate if you haven’t received the approval letter. Table 3 — Information About Utilization (A) Owner or 6 7 8 9 Part I. Information About the Qualified Carbon Utilization Facility and Utilization of Carbon Oxide Section 2—Information about the qualified carbon oxide supplied to the utilization facility: 10 * if available -28- Instructions for Form 8933 (Rev. 12-2022) |
Page 29 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 3 No Yes Model Certificate UTZ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (continued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . If the total for column (H) is less than 25,000 metric tons, have you verified with the supplier that its facility meets the minimum capture requirements? Title of the LCA submitted to the Department of Energy (DOE) Date (MM/DD/YYYY) the LCA was submitted to the DOE Project or LCA number assigned by the DOE Date (MM/DD/YYYY) approval letter for the utilization facility was received from the IRS Attach a copy of the approval letter from the IRS. State if you’re applying the TD or the NPRM 1 2 3 4 5 6 Part I. Information About the Qualified Carbon Utilization Facility and Utilization of Carbon Oxide 11 Part II. Information About the Life Cycle Assessment (LCA) and This Claim Instructions for Form 8933 (Rev. 12-2022) -29- |
Page 30 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 4 No Yes Model Certificate UTZ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (continued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Utilization Certification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name Address EIN Supplier's name Supplier's EIN Name and location of qualified carbon oxide capture facility (if supplier supplied any qualified carbon oxide) Type of industrial facility at which the supplier captured its qualified carbon oxide Check here if you were one of the suppliers. Don’t check unless the EIN of the supplier of the qualified carbon oxide is the same as your EIN. If the EINs aren’t the same, there must be a binding written contract between the entities Unless line 8 is checked, do you attest that a binding written contract between you and the supplier exists that ensures that you will utilize its qualified carbon oxide in the manner required under section 45Q(f)(5) and the underlying regulations? Provide the date (MM/DD/YYYY) of the contract referenced in the line above or the date of the most recent contract amendment Metric tons of qualified carbon oxide received from the supplier during the year and used in the process indicated on line 6 (metric tons should agree with the figure reported in Table 3) Metric tons of the supplier's qualified carbon oxide, expressed as carbon dioxide equivalent, utilized in your facility and determined by an LCA (metric tons should agree with the figure reported in Table 3) Metric tons of the supplier's nonqualified carbon oxide, expressed as carbon dioxide equivalent, utilized in your facility and determined by an LCA (metric tons should be part of the figure in Table 3) Check here if you attest that the supplier of qualified carbon oxide elected to allow you to claim some or all of the carbon oxide sequestration credit attributable to their qualified carbon oxide. Attach a copy of Model Certificate ELECT signed by both you and the supplier for this year 1 2 3 4 5 6 7 8 9 Part III. Information About You and Each of Your Suppliers of Qualified Carbon Oxide Section 1—Information about you, the owner or lessee of the utilization project: Section 2—Information about all suppliers of qualified carbon oxide to you. Complete multiple model certificates if you had more than one supplier of qualified carbon oxide: 10 11 12 13 14 -30- Instructions for Form 8933 (Rev. 12-2022) |
Page 31 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 5 Model Certificate UTZ (continued) Utilization Certification Under penalties of perjury, I attest that I am an officer of the company that’s the owner of the subject utilization project. I further attest that the above information is true and correct and that I have provided a signed copy of this completed certificate to each person who supplied qualified carbon oxide to my company for use at the subject utilization facility during this year. Signature and date signed Printed or typed name of person signing this report Title Company's name and EIN Instructions for Form 8933 (Rev. 12-2022) -31- |
Page 32 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Model Certificate ELECT Election Certification 2022 Name(s) shown on return: Identifying number: Part I. Information About Electing Taxpayer and Credit Claimant Section 1—Electing taxpayer's information from Model Certificate CF: 1 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 TIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Location of capture facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Placed-in-service date of carbon capture equipment. See Rev. Rul. 2021-13, 2021-30 I.R.B. 152 . . 6 Type of industrial facility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 EPA e-GGRT ID number(s)* of each qualified facility where carbon oxide was captured . . . . . . . . . Section 2—Information about the credit claimant. Complete a separate Model Certificate ELECT for each credit claimant (see instructions): 8 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 TIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Do you attest that the credit claimant isn’t a subcontractor? If you can’t answer “Yes,” you can’t elect to allow the credit claimant to Yes No claim any of your credit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Check which statement applies: a Credit claimant disposed of qualified carbon oxide in secure geological storage and didn’t use it as a tertiary injectant in a qualified enhanced oil or natural gas recovery project, nor utilized it in a way described in section 45Q(f)(5). b Credit claimant disposed of qualified carbon oxide in secure geological storage and used it as a tertiary injectant in a qualified enhanced oil or natural gas recovery project. c Credit claimant utilized qualified carbon oxide in a way described in section 45Q(f)(5). 13 Location of disposal site if box 12a or 12b was checked . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 EPA e-GGRT ID number(s)* of each disposal site if box 12a or 12b was checked . . . . . . . . . . . . . 15 Check which statement applies: a Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility before February 9, 2018, disposed of in secure geological storage, and not used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project, nor utilized in a way described in section 45Q(f)(5). b Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility before February 9, 2018, disposed of in secure geological storage, and used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project. c Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility before February 9, 2018, and utilized as described in section 45Q(f)(5). d Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility on or after February 9, 2018, during the 12-year period beginning on the date the equipment was originally placed in service, disposed of in secure geological storage, and not used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project, nor utilized as described in section 45Q(f)(5). e Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility on or after February 9, 2018, during the 12-year period beginning on the date the equipment was originally placed in service, disposed of in secure geological storage, and used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project. f Qualified carbon oxide captured using carbon capture equipment originally placed in service at a qualified facility on or after February 9, 2018, during the 12-year period beginning on the date the equipment was originally placed in service, and utilized as described in section 45Q(f)(5). 16 If box 15a, 15b, or 15c was checked, check here if you elect to claim the credit rates for equipment placed in service prior to the enactment of the Bipartisan Budget Act of 2018. 17 Check the correct credit rate that applies for 2022 based on the boxes checked for lines 12, 15, and 16. a $25.07 ($20 plus inflation for old equipment) b $12.53 ($10 plus inflation for old equipment) c $37.85 for new equipment and qualified carbon oxide disposed of in secure storage and not used in EOR d $25.15 for new equipment and qualified carbon oxide disposed of in secure storage and used in EOR or utilized in a manner described in section 45Q(f)(5) * if available Model Certificate ELECT -32- Instructions for Form 8933 (Rev. 12-2022) |
Page 33 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 2 Election Certification (continued) Part II. Election Information 1 If box 12a was checked, metric tons of qualified carbon oxide captured by the Electing Taxpayer and disposed of in secure geological storage by the Credit Claimant and not used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project, nor utilized it in a way described in section 45Q(f) (5) (metric tons should agree with the amount on Model Certificate DISP-Owner, line 12) . . . . . . . . 2 If box 12b was checked, metric tons of qualified carbon oxide captured by the Electing Taxpayer and disposed of in secure geological storage by the Credit Claimant and used as a tertiary injectant in a qualified enhanced oil or natural gas recovery project (metric tons should agree with the amount on Model Certificate EOR-Owner, line 12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 If box 12c was checked, metric tons of the Electing Taxpayer's qualified carbon oxide, expressed as carbon dioxide equivalent, utilized in the Credit Claimant's facility and determined by an LCA (metric tons should agree with the amount in Model Certificate UTZ, Part III, line 12) . . . . . . . . . . . . . . . . 4 Metric tons of qualified carbon oxide listed on line 1, 2, or 3, allowed by electing taxpayer to be claimed by the credit claimant. Based upon the box checked in Part I, line 15, electing taxpayer adds this amount to Model Certificate CF, Part II, column (a) of line 1e, 2e, or 3e, or Part III, column (a) of line 4e, 5e, or 6e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2022 credit rate from line 17 of Part I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Multiply line 4 by line 5. Carbon oxide sequestration credit allowed by electing taxpayer to be claimed by the credit claimant. Credit claimant adds this amount to its Form 8933, line 13 . . . . . . . . . . . . . . . 7 Subtract line 4 from amount listed on lines 1, 2, or 3. Metric tons of qualified carbon oxide not allowed by electing taxpayer to be claimed by the credit claimant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Multiply line 7 by line 5. Carbon oxide sequestration credit retained by the electing taxpayer . . . . . . Under penalties of perjury, I attest that I am an officer of the company that’s the owner of carbon capture equipment described in Part I, lines 1 through 7. I further attest that the above information is true and correct. Signature and date signed Printed or typed name of person signing this report Title Company's name and EIN Under penalties of perjury, I attest that I am an officer of the company that’s the owner of the carbon oxide disposal, use, or utilization site described in Part I, lines 8 through 12. I further attest that the above information is true and correct. Signature and date signed Printed or typed name of person signing this report Title Company's name and EIN Model Certificate ELECT Instructions for Form 8933 (Rev. 12-2022) -33- |
Page 34 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Model Certificate RECAPTURE Recapture Certification 2022 Name(s) shown on return: Identifying number: Part I. Information About the Geologic Disposal Site Section 1—Information about the owner(s) of the geologic disposal site: 1 Table 1 — Information About the Owner(s) of the Geologic Disposal Site 2022 2021 2020 2019 Name, EIN, Operating Name, EIN, Operating Name, EIN, Operating Name, EIN, Operating and address interest (%) and address interest (%) and address interest (%) and address interest (%) Owner A Owner B Owner C Owner D All other owners. Attach a complete table on a separate sheet. Section 2—Information about the geologic disposal site or EOR project for 2022: 2 Indicate if the project is a geologic disposal site (without EOR) or an EOR project . . . . . . . . . . . . . . 3 Name and location (county and state) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 List the name and EIN of the person who, for purposes of Regulations section 1.45Q-2(h), is the operator of the project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 List any other companies that are identified as the operator of the project for any other purpose(s) and the nature of the purpose(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 EPA e-GGRT ID number(s)* . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 When did injection of captured carbon oxide begin (MM/YYYY)? . . . . . . . . . . . . . . . . . . . . . . . . . 8 If the EOR project was previously certified under section 43, state the name of the certified project and the date (MM/DD/YYYY) of the petroleum engineer's certification . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 If the EOR project wasn’t previously certified under section 43, attach a copy of a valid petroleum engineer's certification to this Model Certificate RECAPTURE. Yes No 10 Is this EOR project an enhanced natural gas recovery project? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11–15 Reserved for future use. 16 If the amount of sequestered carbon oxide has been determined pursuant to 40 CFR Part 98 subpart RR, attach a copy of the approved MRV plan or provide the URL of it on the EPA's website. 17 If the amount of sequestered carbon oxide has been determined pursuant to ISO 27916, attach a copy of the ISO 27916 documentation for the calendar year. Also attach a copy of the certification by a qualified independent engineer or geologist. * if available Model Certificate RECAPTURE -34- Instructions for Form 8933 (Rev. 12-2022) |
Page 35 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 2 Part II. Determination of Recaptured Qualified Carbon Oxide 1 List the total metric tons of qualified carbon oxide securely stored in the geologic disposal site or EOR project during 2022. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Metric tons of qualified carbon oxide that, during 2022, the owner, operator, or regulatory agency determined has leaked from the containment area of the reservoir during 2022 or previous calendar years if not previously accounted for . . . . . 3 Metric tons of qualified carbon oxide that, during 2022, the owner, operator, or regulatory agency determined has leaked from the containment area of the reservoir during 2022 or previous calendar years if not previously accounted for, and will eventually migrate to the atmosphere . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 If line 3 is less than line 2, attach a statement explaining how you determined that the qualified carbon oxide won’t eventually migrate to the atmosphere. 5 Subtract line 1 from line 3. If greater than zero, a recapture event has occurred. This is the qualified carbon oxide subject to recapture. See Regulations section 1.45Q-5(d). Complete the remainder of Part II. Don’t complete this model certificate if a recapture event didn’t occur . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Attach a statement describing the cause of the leakage of qualified carbon oxide. 7 Which regulatory agencies were made aware of the leakage of qualified carbon oxide? . . . . . . . . . . . . . . . . . . . . . . 8 Attach a copy of Model Certificate DISP-Operator or Model Certificate EOR-Operator for this disposal site for each of the previous THREE calendar years. 9 Complete Table 2 below. 10 In column (C), list the amount of total carbon oxide stored in each of the THREE calendar years prior to the current calendar year. This would be from Model Certificate EOR-Operator, Table 3, column (M), row (5), for each year. 11 In columns (E), (F), (G), (H), and (I), allocate the amount in column (D) to each owner of the geologic disposal site or EOR project for each year. Check the box if the carbon oxide was qualified. Use two columns for any owner that stored both qualified and nonqualified carbon oxide. If more columns are needed, attach a separate table that shows the allocation for all owners. You should allocate the amount of stored carbon oxide on a pro rata basis, using figures from Model Certificate EOR-Operator, Table 3, of each year, unless there is a sound engineering basis to do otherwise. 12 Check here if the allocation of the amounts in column (D) were done in a manner other than pro rata and attach an explanatory statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 2 — Information About Stored Carbon Oxide Subject to Recapture (C) Allocation of stored carbon oxide subject to recapture Metric (E) (F) (G) (H) (I) (J) (K) tons of Owner stored name Reserved Total. Add carbon and EIN for future columns (E) oxide use through (I) (D) Stored (A) from (B) carbon oxide Check if Year Table 3 carbon Year subject to prior of the oxide recapture* applicable was Operator qualified Certificate carbon for the oxide indicated year (1) 1st 2021 (2) 2nd 2020 (3) 3rd 2019 (4) Total. Add rows (1) through (3). (5) Subtract Part II, line 5, from column (D), row (4). Metric tons of carbon oxide not subject to recapture due to look-back being limited to THREE calendar years. 13 Provide a copy of Parts I and II to each owner of the disposal site or EOR project during the current and THREE previous calendar years. Model Certificate RECAPTURE Instructions for Form 8933 (Rev. 12-2022) -35- |
Page 36 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 3 Recapture Certification (continued) Under penalties of perjury, I attest that I am an officer of the company that’s the operator of the subject geologic disposal site or the subject EOR project or have been designated by the operating interest owners to prepare and submit this certificate to the IRS on their behalf. I further attest that the above qualified carbon oxide sequestration credit recapture information is true and correct. Signature and date signed Printed or typed name of person signing this report Title Company's name and EIN Part III. Determination of Recaptured Qualified Carbon Oxide for Supplier Part III will be prepared by each owner of the disposal site or EOR project during the current and THREE previous calendar years. Part III will be used to determine the amount of qualified carbon oxide sequestration credit that needs to be recaptured. A separate Part III should be completed for each supplier of qualified carbon oxide during the current and THREE previous calendar years and a copy should be given to each supplier. Information about you, the owner of the EOR project: 1 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 EIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information about suppliers who supplied carbon oxide during any of the THREE previous calendar years. COMPLETE A PART III FOR EACH SUPPLIER: 4 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 EIN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Name and location of carbon oxide capture facility (if supplier supplied any qualified carbon oxide) . . . . . . 7 Type of industrial facility at which the supplier captured its qualified carbon oxide . . . . . . . . . . . . . . . . . 8 Complete Table 5 using information from Table 3 of Model Certificate EOR for the previous THREE calendar years. Complete a separate Table 5 for each supplier of qualified carbon oxide during the previous THREE calendar years. If one supplier supplied qualified carbon oxide from multiple facilities, complete a Table 5 for each facility. Model Certificate RECAPTURE -36- Instructions for Form 8933 (Rev. 12-2022) |
Page 37 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Page 4 Recapture Certification (continued) Table 5 — Information About Carbon Oxide Sequestration Credit Subject to Recapture by Supplier Supplier Name: (H) Amount of carbon (I) Metric tons (J) Amount of oxide of carbon oxide carbon oxide sequestration for which the sequestration (G) Metric tons of credit for (C) Total supplier didn’t credit for which (E) Your carbon oxide for which the metric elect to allow the supplier (D) Total amount of (F) Rate of which the supplier tons of you to claim didn’t elect to (A) metric tons of qualified carbon oxide supplier elected elected to (B) stored the carbon allow you to Year stored carbon carbon sequestration to allow you to allow you to Year carbon oxide claim the prior oxide subject oxide credit for the claim the carbon claim the oxide sequestration carbon oxide to recapture subject to year ($/MT) oxide carbon oxide from credit (MT). sequestration recapture sequestration sequestration Table 2 Subtract credit ($). credit (MT) credit ($). column (G) Multiply Multiply from column column (I) by column (G) (E). column (F). by column (F). (1) 1st 2021 (2) 2nd 2020 (3) 3rd 2019 (4) Total metric tons. Add rows (1) through (3) . . . . . . . . . . . . . . . . (5) Amount of carbon oxide sequestration credit you must recapture this year for carbon oxide supplied by this supplier. Add rows (1) through (3). Add to your Form 8933, Part V, line 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Total metric tons. Add rows (1) through (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Amount of carbon oxide sequestration credit the supplier of carbon oxide must recapture this year. Add rows (1) through (3). The supplier must add this amount to its Form 8933, Part V, line 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Under penalties of perjury, I attest that I am an officer of the company that’s the owner of the subject geologic disposal site or the subject EOR project. I further attest that the above information is true and correct and that I have provided a signed copy of this completed recapture certificate to each person. Signature and date signed Printed or typed name of person signing this report Title Company's name and EIN Model Certificate RECAPTURE Instructions for Form 8933 (Rev. 12-2022) -37- |
Page 38 of 38 Fileid: … ns/i8933/202212/a/xml/cycle06/source 12:51 - 5-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for individual and business taxpayers filing this form is approved under OMB control number 1545-0074 and 1545-0123 and is included in the estimates shown in the instructions for their individual and business income tax return. The estimated burden for all other taxpayers who file this form is shown below. Recordkeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 hr., 43 min. Learning about the law or the form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 hr., 9 min. Preparing and sending the form to the IRS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 hr., 39 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. See the instructions for the tax return with which this form is filed. -38- Instructions for Form 8933 (Rev. 12-2022) |