C.R.S. Section 39-22-557
Clean hydrogen tax credit

  • qualified uses
  • tax preference performance statement
  • definitions
  • legislative declaration
  • repeal

(1)

Intentionally left blank —Ed.

(a)

In accordance with section 39-21-304 (1), which requires each bill that creates a new tax expenditure to include a tax preference performance statement as part of a statutory legislative declaration, the general assembly finds and declares that the purpose of the tax credit provided in this section is to induce certain designated behavior by taxpayers. Specifically, the tax expenditure is intended to provide tax relief for certain businesses or individuals for purposes of encouraging them to engage in certain qualified uses of clean hydrogen.

(b)

The general assembly and the state auditor shall measure the effectiveness of the credit in achieving the purpose specified in subsection (1)(a) of this section based on the information required to be maintained by and reported to the state auditor by the office pursuant to subsection (4)(b) of this section.

(2)

As used in this section, unless the context otherwise requires:

(a)

“Clean hydrogen” has the meaning set forth in section 40-2-138 (1)(a).

(b)

“Department” means the department of revenue.

(c)

“Hard to decarbonize end use” has the meaning set forth in section 40-2-138 (1)(e).

(d)

“Lifecycle greenhouse gas emissions rate” means lifecycle greenhouse gas emissions, as defined in 26 U.S.C. sec. 45V (c)(1)(A), as amended, measured in accordance with any applicable federal internal revenue service regulations or guidance, subject to the rules adopted by the public utilities commission pursuant to section 40-2-138 (3)(a)(I).

(e)

“Office” means the Colorado energy office created in section 24-38.5-101.

(f)

“Qualified use” has the meaning set forth in section 40-2-138 (1)(i).

(g)

“Taxpayer” means a person subject to tax pursuant to this article 22 or a person or political subdivision of the state that is exempt from tax pursuant to section 39-22-112 (1).

(h)

“Tier one greenhouse gas emissions rate” means a qualified use of hydrogen that results in lifecycle greenhouse gas emissions rates that are within the range set forth in 26 U.S.C. sec. 45V (b)(2)(D), as amended.

(i)

“Tier two greenhouse gas emissions rate” means a qualified use of hydrogen that results in lifecycle greenhouse gas emissions rates that are within the range set forth in 26 U.S.C. sec. 45V (b)(2)(C), as amended.

(3)

Intentionally left blank —Ed.

(a)

Subject to the limitations set forth in subsection (3)(b) of this section, for income tax years commencing on or after January 1, 2024, but before January 1, 2033, a taxpayer is allowed a credit against the income taxes imposed by this article 22 in an amount equal to:

(I)

One dollar per kilogram of clean hydrogen used for a qualified use that results in a tier one greenhouse gas emissions rate in the income tax year; or

(II)

Thirty-three cents per kilogram of clean hydrogen used for a qualified use that results in a tier two greenhouse gas emissions rate in the income tax year.

(b)

In order to claim the credit, the taxpayer must annually apply for and receive a tax credit certificate from the office pursuant to subsection (4) of this section. If the office determines that an applicant is not entitled to a tax credit certificate under this section, the office shall notify the applicant of its disapproval in writing.

(c)

Intentionally left blank —Ed.

(I)

For income tax years commencing on and after January 1, 2024, but before January 1, 2026, and not before the public utilities commission adopts rules pursuant to section 40-2-138 (3)(a)(I), the office shall not issue a tax credit certificate to a taxpayer indicating eligibility for a tax credit for an amount exceeding one million dollars in a tax year.

(II)

For income tax years commencing on and after January 1, 2026, but before January 1, 2029, the office shall not issue a tax credit certificate to a taxpayer indicating eligibility for a tax credit for an amount exceeding five hundred thousand dollars in a tax year.

(III)

For income tax years commencing on and after January 1, 2029, but before January 1, 2033, the office shall not issue a tax credit certificate to a taxpayer indicating eligibility for a tax credit for an amount exceeding two hundred fifty thousand dollars in a tax year.
(4)(a)(I) A taxpayer shall submit an application to the office for a tax credit certificate to claim the credit allowed by this section on a form and in a manner prescribed by the office. The application must include information to allow the office to make a determination that the use is a qualified use and that the hydrogen used meets the definition of clean hydrogen pursuant to subsection (2)(a) of this section and to verify the amount for which the tax credit certificate is applied. A taxpayer is entitled to receive one tax credit certificate per income tax year.

(II)

The application described in subsection (4)(a)(I) of this section must also include verification from the hydrogen producer passed to the user at the point of sale that the hydrogen used meets the definition of clean hydrogen pursuant to subsection (2)(a) of this section.

(b)

Intentionally left blank —Ed.

(I)

The office shall maintain a database of any information determined necessary by the office to evaluate the effectiveness of the income tax credit allowed in this section in meeting the purpose set forth in subsection (1)(a) of this section and shall provide such information, and any other information that may be needed, if available, to the state auditor as part of the state auditor’s evaluation of this tax expenditure required by section 39-21-305.

(II)

The office shall, in a sufficiently timely manner to allow the department to process returns claiming the income tax credit allowed in this section, provide the department with an electronic report for the preceding tax year listing each taxpayer to which the office issued a tax credit certificate and that includes the following information:

(A)

The taxpayer’s name;

(B)

The amount of the income tax credit that the certificate indicates the taxpayer is eligible to claim; and

(C)

The taxpayer’s social security number or the taxpayer’s Colorado account number and federal employer identification number.

(III)

The office shall develop standards for the qualified uses for which an income tax credit under this section is allowed. The office shall post the standards on the office’s website.

(5)

In order to claim the credit authorized by this section, a taxpayer shall file the tax credit certificate with the taxpayer’s state income tax return, and, if the taxpayer is exempt from tax pursuant to section 39-22-112 (1), the taxpayer shall file a return pursuant to section 39-22-601 (7)(b). The amount of the credit that the taxpayer may claim pursuant to this section is the amount stated on the tax credit certificate.

(6)

If an income tax credit authorized in this section exceeds the income tax due on the income of the taxpayer for the taxable year, the excess credit may not be carried forward and must be refunded to the taxpayer.

(7)

This section is repealed, effective December 31, 2036.

Source: Section 39-22-557 — Clean hydrogen tax credit - qualified uses - tax preference performance statement - definitions - legislative declaration - repeal, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-39.­pdf (accessed Oct. 20, 2023).

39‑22‑101
Short title 39‑22‑102
Legislative declaration 39‑22‑103
Definitions - construction of terms 39‑22‑104
Income tax imposed on individuals, estates, and trusts - single rate - report - legislative declaration - definitions - repeal 39‑22‑104.5
Pretax payments - catastrophic health insurance 39‑22‑104.6
Pretax payments - medical savings accounts 39‑22‑105
Alternative minimum tax 39‑22‑106
Colorado personal exemptions of a resident individual 39‑22‑107
Income tax filing status 39‑22‑107.5
Income tax filing status - innocent spouse relief 39‑22‑108
Credit for tax paid other states 39‑22‑108.5
Dual resident trusts - income tax calculation 39‑22‑109
Income of a nonresident individual for purposes of Colorado income tax 39‑22‑110
Apportionment of tax in the case of a part-year resident 39‑22‑110.5
Reacquisition of residency during active duty military service 39‑22‑111
Accounting periods and methods 39‑22‑112
Persons and organizations exempt from tax under this article 39‑22‑114.5
Tax credit for investment in technologies for recycling plastics - repeal 39‑22‑116
Tax tables for individuals 39‑22‑119
Expenses related to child care - credits against state tax 39‑22‑119.5
Child care expenses tax credit - legislative declaration - definitions 39‑22‑120
Legislative declaration - state sales tax refund - offset against state income tax 39‑22‑121
Credit for child care facilities - legislative declaration - definitions - repeal 39‑22‑122
Long-term care insurance credit 39‑22‑123
Earned income tax credit - refund of state excess revenues for fiscal years commencing on or after July 1, 1998 39‑22‑123.5
Earned income tax credit - not a refund of excess state revenues - trigger - legislative declaration - repeal 39‑22‑129
Child tax credit - legislative declaration - definitions - repeal 39‑22‑201
Partners, not partnership, subject to tax 39‑22‑202
Resident partners - definition 39‑22‑203
Nonresident partners 39‑22‑204
Accounting periods and methods 39‑22‑206
Foreign source income of export taxpayers 39‑22‑300.1
Short title - citation 39‑22‑301
Corporate tax imposed - repeal 39‑22‑302
S corporations 39‑22‑303
Dividends in a combined report - foreign source income - affiliated groups - definitions 39‑22‑303.1
Interstate banking or branching - nondiscriminatory tax treatment 39‑22‑303.5
Single-factor apportionment of business income - allocation of nonbusiness income - rules - definitions 39‑22‑303.6
Market-based apportionment of the income of a taxpayer engaged in business - allocation of nonapportionable income - rules - definitions 39‑22‑303.7
Sourcing of sales of mutual fund service corporations - definitions 39‑22‑303.9
Apportionment of the income of a taxpayer with enterprise data center operations in the state - definitions 39‑22‑304
Net income of corporation - legislative declaration - definitions - repeal 39‑22‑305
Consolidated returns 39‑22‑306
Accounting periods and methods 39‑22‑308
Credit allowed for purchase of Colorado coal 39‑22‑310
Legislative declaration - statutory interpretation and construction 39‑22‑320
Short title - citation 39‑22‑321
Definitions 39‑22‑322
Taxation of an S corporation and its shareholders 39‑22‑323
Modification and characterization of income 39‑22‑324
Basis and adjustments 39‑22‑325
Carryforwards and carrybacks - loss limitation 39‑22‑326
Part-year residence 39‑22‑327
Distributions 39‑22‑328
Returns - repeal 39‑22‑329
Tax credits 39‑22‑330
Uniformity of application and construction 39‑22‑340
Short title - citation 39‑22‑341
Legislative declaration 39‑22‑342
Definitions 39‑22‑343
Election 39‑22‑344
Imposition of tax 39‑22‑345
Owner exclusion 39‑22‑346
Credit for tax paid in other states 39‑22‑347
Credit for electing pass-through entity owner - tax preference performance statement - legislative declaration 39‑22‑401
Income of a resident estate or trust for purposes of Colorado income tax 39‑22‑402
Share of a resident estate, trust, or beneficiary in Colorado fiduciary adjustments 39‑22‑403
Income of a nonresident estate or trust subject to income tax 39‑22‑404
Share of a nonresident estate, trust, or beneficiary in income from sources within Colorado 39‑22‑407
Accounting periods and methods 39‑22‑501
Taxation of regulated investment companies 39‑22‑503
Taxation of real estate investment trusts - definitions 39‑22‑504
Net operating losses 39‑22‑504.5
Short title 39‑22‑504.6
Definitions 39‑22‑504.7
Medical savings accounts - establishment - contributions - distributions - restrictions - taxation - portability 39‑22‑507.5
Credits against tax - investment in certain property - repeal 39‑22‑507.6
Credits against corporate tax - investment in certain property - repeal 39‑22‑509
Credit against tax - employer expenditures for alternative transportation options for employees - legislative declaration - definitions - repeal 39‑22‑514
Tax credit for qualified costs incurred in preservation of historic properties 39‑22‑514.5
Tax credit for qualified costs incurred in preservation of historic structures - short title - definitions 39‑22‑516.7
Tax credit for innovative motor vehicles - tax preference performance statement - definitions - repeal 39‑22‑516.8
Tax credit for innovative trucks - tax preference performance statement - definitions - repeal 39‑22‑517
Tax credit for child care center investments 39‑22‑518
Tax modification for net capital gains - definitions - repeal 39‑22‑520
Credit against tax - investment in school-to-career program - definitions 39‑22‑521
Credits against tax - employer expenses - public assistance recipients 39‑22‑522
Credit against tax - conservation easements - definition 39‑22‑522.5
Conservation easement tax credits - dispute resolution - legislative declaration 39‑22‑526
Credit for environmental remediation of contaminated land - legislative declaration - definition - repeal 39‑22‑529
Business expense deduction - labor services - unauthorized alien - definitions 39‑22‑531
Colorado job growth incentive tax credit - rules - definitions - repeal 39‑22‑532
Advanced industry investment tax credit - definitions 39‑22‑533
Instream flow incentive tax credit for water rights holders - rules - definitions - repeal 39‑22‑535
Credit for purchase of uniquely valuable motor vehicle registration numbers 39‑22‑536
Credit for food contributed to hunger-relief charitable organizations - definitions - repeal 39‑22‑537.5
Credit for personal property taxes paid - legislative declaration - definitions - repeal 39‑22‑538
Credit for health-care preceptors working in health professional shortage areas - legislative declaration - definitions 39‑22‑539
Credit for employer contributions to employee 529 qualified state tuition programs - legislative declaration - definitions - repeal 39‑22‑540
Credit - organ donor - leave of absence period - legislative declaration - definitions 39‑22‑541
Credit for retrofitting a residence to increase a residence’s visitability - tax preference performance statement - legislative declaration - definitions - repeal 39‑22‑542
Tax credit for conversion costs for employee business ownership - definitions - declaration - repeal 39‑22‑543
Credit for wildfire hazard mitigation expenses - legislative declaration - definitions - repeal 39‑22‑544
Credit against tax - qualifying seniors - creation - legislative declaration - definitions 39‑22‑545
Credit against tax - heat pump systems - heat pump water heaters - tax preference performance statement - legislative declaration - definitions - repeal 39‑22‑546
Credit against tax - residential energy storage systems - tax preference performance statement - legislative declaration - definition - repeal 39‑22‑547
Early childhood educator income tax credit - tax preference performance statement - legislative declaration - definitions - repeal 39‑22‑548
Colorado homeless contribution tax credit - legislative declaration - definitions - repeal 39‑22‑549
Credit against tax - small food business recovery and resilience grant program equipment - community food consortium duties and responsibilities - tax preference performance statement - legislative declaration - definitions - repeal 39‑22‑550
Tax credit for reducing emissions from certain lawn equipment - tax preference performance statement - legislative declaration - definitions - report - repeal 39‑22‑551
Industrial clean energy tax credit - tax preference performance statement - definitions - report - repeal 39‑22‑552
Tax credit for expenditures made in connection with a geothermal energy project - tax preference performance statement - definitions - repeal 39‑22‑553
Geothermal electricity generation production tax credit - tax preference performance statement - definitions - repeal 39‑22‑554
Heat pump technology and thermal energy network tax credit - tax preference performance statement - definitions - repeal 39‑22‑555
Electric bicycle tax credit - tax preference performance statement - definitions - repeal 39‑22‑556
Tax credit for sustainable aviation fuel production facility - tax preference performance statement - definitions - repeal 39‑22‑557
Clean hydrogen tax credit - qualified uses - tax preference performance statement - definitions - legislative declaration - repeal 39‑22‑558
Tax credit for employer’s contribution to employee for eligible expenses in connection with a qualifying home purchase - tax preference performance statement - legislative declaration - definitions 39‑22‑559
Film incentive tax credit - tax preference performance statement - review - legislative declaration - definitions - repeal 39‑22‑601
Returns - repeal 39‑22‑601.5
Reporting federal adjustments - definitions 39‑22‑602
Failure to make return - director may make 39‑22‑603
Returns not made under oath 39‑22‑603.5
Frivolous returns 39‑22‑604
Withholding tax - requirement to withhold - tax lien - exemption from lien - annual statement - notice - definitions 39‑22‑604.3
Innovation reinvestment - withholding - transfers - bioscience - clean technology - short title - legislative declaration - definitions - repeal 39‑22‑604.5
Withholding tax - transfers of Colorado real property - nonresident transferors 39‑22‑605
Failure by individual to pay estimated income tax 39‑22‑606
Failure by corporation to pay estimated income tax 39‑22‑607
Estimated tax deposited with treasurer 39‑22‑608
Form, place, and date of filing return - extension - electronic filing 39‑22‑609
Payment of tax - applicable when 39‑22‑610
Relief for members of the armed forces of the United States - when 39‑22‑611
Property exempt from ad valorem taxes 39‑22‑621
Interest and penalties 39‑22‑622
Refunds 39‑22‑623
Disposition of collections - definition 39‑22‑624
Prior rights and liabilities not affected 39‑22‑625
Application of article - effective date 39‑22‑626
Applicability of amendments to this article to income tax years 39‑22‑627
Temporary adjustment of rate of income tax - refund of excess state revenues - authority of executive director 39‑22‑628
Direct deposit of refund to collegeinvest savings accounts - modification of individual income tax return forms - legislative declaration - definition 39‑22‑629
Advance payments of income tax credits - definitions 39‑22‑651
Short title - citation 39‑22‑652
Definitions 39‑22‑653
Taxpayer disclosure of reportable or listed transactions 39‑22‑654
Additional listed transactions - report 39‑22‑655
Penalty for failure to disclose a reportable or listed transaction 39‑22‑656
Material advisor - disclosure of reportable or listed transactions 39‑22‑657
Material advisor - maintenance of list 39‑22‑658
Material advisor - penalties 39‑22‑659
Waiver, reduction, or compromise of penalty for reasonable cause 39‑22‑701
Legislative declaration 39‑22‑702
Voluntary contribution designation - procedure 39‑22‑703
Contributions credited to Colorado nongame conservation and wildlife restoration cash fund - administration - transfer 39‑22‑704
Repeal of part 39‑22‑801
Voluntary contribution designation - procedure 39‑22‑802
Contributions credited to Colorado domestic abuse program fund - creation - appropriation 39‑22‑803
Repeal of part 39‑22‑1001
Limitations on voluntary contribution programs - queue - notice - reestablishment of certain programs 39‑22‑1301
Voluntary contribution designation - procedure 39‑22‑1302
Contributions credited to homeless prevention activities program fund - creation - appropriation 39‑22‑1801
Legislative declaration 39‑22‑1802
Voluntary contribution designation - procedure - effective date 39‑22‑1803
Contributions credited to the Special Olympics Colorado fund - creation - appropriation 39‑22‑1804
Repeal of part 39‑22‑1901
Legislative declaration 39‑22‑1902
Voluntary contribution designation - procedure 39‑22‑1903
Contributions credited to the fund - appropriation 39‑22‑2001
Legislative declaration - revenues exceeding TABOR limit - sales tax refund 39‑22‑2002
Fiscal years commencing on or after July 1, 1998 - state sales tax refund - authority of executive director - repeal 39‑22‑2003
State sales tax refund - offset against state income tax - qualified individuals 39‑22‑2004
Temporary refund of excess state revenues from all sources - definitions - repeal 39‑22‑2005
Refund of excess state revenues from all sources - definitions - repeal 39‑22‑2101
Definitions 39‑22‑2102
Credit against tax - affordable housing developments - legislative declaration 39‑22‑2103
Recapture 39‑22‑2104
Filing requirements 39‑22‑2105
Parallel credits - insurance premium taxes 39‑22‑2106
Rules 39‑22‑2107
Compliance monitoring 39‑22‑2108
Report to the general assembly 39‑22‑2201
Voluntary contribution designation - procedure 39‑22‑2202
Contributions credited to the fund - administration - transfer 39‑22‑2203
Repeal of part 39‑22‑2401
Legislative declaration 39‑22‑2402
Voluntary contribution designation - procedure 39‑22‑2403
Contributions credited to Colorado healthy rivers fund - creation - appropriation 39‑22‑2404
Repeal of part 39‑22‑2901
Voluntary contribution designation - procedure 39‑22‑2902
Contributions credited to the Alzheimer’s Association fund - creation - appropriation 39‑22‑2903
Repeal of part 39‑22‑3001
Voluntary contribution designation - procedure 39‑22‑3002
Contributions credited to the military family relief fund - appropriation 39‑22‑3003
Repeal of part 39‑22‑3301
Legislative declaration 39‑22‑3302
Voluntary contribution designation - procedure 39‑22‑3303
Contributions credited to the Colorado cancer fund - creation - appropriation 39‑22‑3304
Repeal of part 39‑22‑3601
Legislative declaration 39‑22‑3602
Voluntary contribution designation - procedure 39‑22‑3603
Contributions credited to the Make-A-Wish Foundation of Colorado fund - creation - appropriation 39‑22‑3604
Repeal of part 39‑22‑3801
Legislative declaration 39‑22‑3802
Voluntary contribution designation - procedure 39‑22‑3803
Contributions credited to the unwanted horse fund - creation - appropriation 39‑22‑3804
Repeal of part 39‑22‑4301
Legislative declaration 39‑22‑4302
Voluntary contribution designation - procedure - effective date 39‑22‑4303
Contributions credited to the American Red Cross Colorado disaster response, readiness, and preparedness fund - creation - appropriation 39‑22‑4304
Repeal of part 39‑22‑4401
Legislative declaration 39‑22‑4402
Voluntary contribution designation - procedure - effective date 39‑22‑4403
Contributions credited to the Colorado for Healthy Landscapes fund - creation - appropriation 39‑22‑4404
Repeal of part 39‑22‑4501
Legislative declaration 39‑22‑4502
Voluntary contribution designation - procedure - effective date 39‑22‑4503
Contributions credited to the Habitat for Humanity of Colorado fund - creation - appropriation 39‑22‑4504
Repeal of part 39‑22‑4601
Legislative declaration 39‑22‑4602
Voluntary contribution designation - procedure - effective date 39‑22‑4603
Contributions credited to the Colorado Youth Conservation Corps fund - creation - appropriation 39‑22‑4604
Repeal of part 39‑22‑4701
Short title 39‑22‑4702
Legislative declaration 39‑22‑4703
Definitions 39‑22‑4704
First-time home buyer savings account 39‑22‑4705
Eligible expenses - penalties for other uses 39‑22‑4706
Forms 39‑22‑4707
Financial institutions 39‑22‑4801
Legislative declaration 39‑22‑4802
Voluntary contribution designation - procedure - effective date 39‑22‑4803
Contributions credited to the Urban Peak Housing and Support Services for Youth Experiencing Homelessness fund - creation - appropriation 39‑22‑4804
Repeal of part 39‑22‑4901
Legislative declaration 39‑22‑4902
Voluntary contribution designation - procedure - effective date 39‑22‑4903
Contributions credited to the family caregiver support fund - creation - appropriation 39‑22‑4904
Repeal of part 39‑22‑5001
Legislative declaration 39‑22‑5002
Voluntary contribution designation - procedure - effective date 39‑22‑5003
Contributions credited to the Young Americans Center for Financial Education fund - creation - appropriation 39‑22‑5004
Repeal of part 39‑22‑5101
Legislative declaration 39‑22‑5102
Voluntary contribution designation - procedure - effective date 39‑22‑5103
List of eligible charitable organizations 39‑22‑5104
Contributions credited to the donate to a Colorado nonprofit fund - creation - appropriation - distribution 39‑22‑5105
Initial funding 39‑22‑5201
Definitions 39‑22‑5202
Uninsured designation - required forms - rules 39‑22‑5301
Legislative declaration 39‑22‑5302
Voluntary contribution designation - procedure - effective date 39‑22‑5303
Contributions credited to Feeding Colorado fund - creation - appropriation 39‑22‑5304
Repeal of part
Green check means up to date. Up to date

Current through Fall 2024

§ 39-22-557’s source at colorado​.gov