Income Tax Assessment Act 1997

CHAPTER 3 - SPECIALIST LIABILITY RULES  

PART 3-50 - CLIMATE CHANGE  

Division 421 - Hydrogen production tax incentive  

Subdivision 421-A - Tax offset for hydrogen produced in Australia  

SECTION 421-15   When hydrogen is produced  

421-15(1)    
For the purposes of this Division, a kilogram of hydrogen is taken to be produced at a facility at the time when the last part of the batch of hydrogen that contains the kilogram leaves the production gate (within the meaning of the Future Made in Australia (Guarantee of Origin) Act 2024 ) for hydrogen at the facility.

421-15(2)    
However, if:

(a) the production of the batch of hydrogen commenced before 1 July 2027; and

(b) the last part of the batch of hydrogen leaves the production gate for hydrogen at the facility on or after 1 July 2027;

then, for the purposes of this Division, each kilogram of hydrogen contained in the batch is taken to be produced at the facility before 1 July 2027.

Note:

A company is not entitled to the hydrogen production tax offset in respect of hydrogen produced before 1 July 2027: see paragraph 421-5(1)(a) .