{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-439.12_02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-439.12_02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-439.12_02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-439.12_02.html"}],"law_id":80405,"edition_id":1,"section_id":80405,"structure_id":13153,"section_number":"58.1-439.12:02","catch_line":" Biodiesel and green diesel fuels producers tax credit","history":"2008, c. 482; 2021, Sp. Sess. I, c. 532.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Biodiesel fuel” means a fuel composed of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats, designated B100, and meeting the requirements of ASTM D6751.\n\t\t\t“Green diesel fuel” means a fuel produced from nonfossil renewable resources including agricultural or silvicultural plants, animal fats, residue and waste generated from the production, processing, and marketing of agricultural products, silvicultural products, and other renewable resources, and meeting applicable ASTM specifications.\n\t\t\t“Feedstock” means the agricultural or other renewable resources, whether plant or animal derived, used to produce biodiesel or green diesel fuels.\n\t\t\t“Producer” means any person, entity, or agricultural cooperative association, as defined in the Agricultural Cooperative Association Act (§ 13.1-312 et seq.) that, in a calendar year, produces in the Commonwealth up to two million gallons of biodiesel or green diesel fuels using feedstock originating domestically within the United States.B\n\nFor taxable years beginning on or after January 1, 2008, any taxpayer who is a biodiesel fuel or green diesel fuel producer shall be entitled to a nonrefundable credit against the taxes imposed by § 58.1-320 or 58.1-400 in an amount equal to $0.01 per gallon of biodiesel or green diesel fuels produced by such taxpayer. However, the annual amount of the credit shall not exceed $5,000. The taxpayer shall be eligible for the credit during the first three years of production of biodiesel or green diesel fuels.\n\t\t\tAny taxpayer entitled to a credit under this section may transfer unused but otherwise allowable credits for use by another taxpayer on Virginia income tax returns. A taxpayer who transfers any amount of the credit in accordance with this section shall file a notification of such transfer to the Department of Taxation in accordance with procedures and forms prescribed by the Tax Commissioner.C\n\nThe Department of Energy shall certify that the biodiesel or green diesel fuels producer has satisfied the requirements of this section for the taxable year in which the credit is allowed. In addition, the taxpayer shall submit with his income tax return all documentation as required by the Department of Taxation. Any credit not usable for the taxable year may be carried over the next three taxable years. The amount of the credit allowed pursuant to this section shall not exceed the tax imposed for such taxable year.D\n\nFor purposes of this section, the amount of any credit attributable to a partnership, electing small business corporation (S corporation), or limited liability company shall be allocated to the individual partners, shareholders, or members, respectively, in proportion to their ownership or interest in such business entity.","order_by":null,"text":{"0":{"id":288011,"text":"For purposes of this section:\n\t\t\t“Biodiesel fuel” means a fuel composed of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats, designated B100, and meeting the requirements of ASTM D6751.\n\t\t\t“Green diesel fuel” means a fuel produced from nonfossil renewable resources including agricultural or silvicultural plants, animal fats, residue and waste generated from the production, processing, and marketing of agricultural products, silvicultural products, and other renewable resources, and meeting applicable ASTM specifications.\n\t\t\t“Feedstock” means the agricultural or other renewable resources, whether plant or animal derived, used to produce biodiesel or green diesel fuels.\n\t\t\t“Producer” means any person, entity, or agricultural cooperative association, as defined in the Agricultural Cooperative Association Act (§ 13.1-312 et seq.) that, in a calendar year, produces in the Commonwealth up to two million gallons of biodiesel or green diesel fuels using feedstock originating domestically within the United States.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":288012,"text":"For taxable years beginning on or after January 1, 2008, any taxpayer who is a biodiesel fuel or green diesel fuel producer shall be entitled to a nonrefundable credit against the taxes imposed by § 58.1-320 or 58.1-400 in an amount equal to $0.01 per gallon of biodiesel or green diesel fuels produced by such taxpayer. However, the annual amount of the credit shall not exceed $5,000. The taxpayer shall be eligible for the credit during the first three years of production of biodiesel or green diesel fuels.\n\t\t\tAny taxpayer entitled to a credit under this section may transfer unused but otherwise allowable credits for use by another taxpayer on Virginia income tax returns. A taxpayer who transfers any amount of the credit in accordance with this section shall file a notification of such transfer to the Department of Taxation in accordance with procedures and forms prescribed by the Tax Commissioner.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":288013,"text":"The Department of Energy shall certify that the biodiesel or green diesel fuels producer has satisfied the requirements of this section for the taxable year in which the credit is allowed. In addition, the taxpayer shall submit with his income tax return all documentation as required by the Department of Taxation. Any credit not usable for the taxable year may be carried over the next three taxable years. The amount of the credit allowed pursuant to this section shall not exceed the tax imposed for such taxable year.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":288014,"text":"For purposes of this section, the amount of any credit attributable to a partnership, electing small business corporation (S corporation), or limited liability company shall be allocated to the individual partners, shareholders, or members, respectively, in proportion to their ownership or interest in such business entity.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13153,"edition_id":1,"name":"Tax Credits for Corporations","identifier":"13","label":"article","depth":4,"order_by":1,"parent_id":13152,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":253497,"object_type":"structure","relational_id":13153,"identifier":"13","token":"58.1\/I\/3\/13","url":"\/58.1\/I\/3\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13152,"edition_id":1,"name":"Income Tax","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12837,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":253267,"object_type":"structure","relational_id":13152,"identifier":"3","token":"58.1\/I\/3","url":"\/58.1\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12837,"edition_id":1,"name":"Taxes Administered by the Department of Taxation","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12703,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":252075,"object_type":"structure","relational_id":12837,"identifier":"I","token":"58.1\/I","url":"\/58.1\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12703,"edition_id":1,"name":"Taxation","identifier":"58.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":251959,"object_type":"structure","relational_id":12703,"identifier":"58.1","token":"58.1","url":"\/58.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59349,"structure_id":13153,"section_number":"58.1-430","catch_line":"Repealed","url":"\/58.1-430\/","token":"58.1\/I\/3\/13\/58.1-430","metadata":false},{"id":79747,"structure_id":13153,"section_number":"58.1-431","catch_line":"Repealed","url":"\/58.1-431\/","token":"58.1\/I\/3\/13\/58.1-431","metadata":false},{"id":87213,"structure_id":13153,"section_number":"58.1-432","catch_line":"Tax credit for 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This law was first created in 2008. The record of its establishment is cataloged in chapter 482<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":[{"id":81376,"section_number":"13.1-312","catch_line":"Liberal construction of article","order_by":null,"url":"\/13.1-312\/"},{"id":62270,"section_number":"58.1-320","catch_line":"Imposition of tax","order_by":null,"url":"\/58.1-320\/"},{"id":60955,"section_number":"58.1-400","catch_line":"Imposition of tax","order_by":null,"url":"\/58.1-400\/"}],"permalink":{"id":253563,"object_type":"law","relational_id":80405,"identifier":"58.1-439.12:02","token":"58.1\/I\/3\/13\/58.1-439.12_02","url":"\/58.1-439.12_02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-439.12_02\/","token":"58.1\/I\/3\/13\/58.1-439.12_02","dublin_core":{"Title":" Biodiesel and green diesel fuels producers tax credit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-439.12:02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Biodiesel fuel<\/span>” means a fuel composed of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats, designated B100, and meeting the requirements of ASTM D6751.\n\t\t\t“Green diesel fuel<\/span>” means a fuel produced from nonfossil renewable resources including agricultural or silvicultural plants, animal fats, residue and waste generated from the production, processing, and marketing of agricultural products, silvicultural products, and other renewable resources, and meeting applicable ASTM specifications.\n\t\t\t“Feedstock<\/span>” means the agricultural or other renewable resources, whether plant or animal derived, used to produce biodiesel or green diesel fuels<\/span>.\n\t\t\t“Producer<\/span>” means any person, entity, or agricultural cooperative association, as defined in the Agricultural Cooperative Association Act (§ 13.1-312<\/a> et seq.) that, in a calendar year, produces in the Commonwealth up to two million gallons of biodiesel or green diesel fuels<\/span> using feedstock<\/span> originating domestically within the United States. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For taxable years beginning on or after January 1, 2008, any taxpayer<\/span> who is a biodiesel fuel<\/span> or green diesel fuel<\/span> producer<\/span> shall be entitled to a nonrefundable credit against the taxes imposed by § 58.1-320<\/a> or 58.1-400<\/a> in an amount equal to $0.01 per gallon of biodiesel or green diesel fuels<\/span> produced by such taxpayer<\/span>. However, the annual amount of the credit shall not exceed $5,000. The taxpayer<\/span> shall be eligible for the credit during the first three years of production of biodiesel or green diesel fuels<\/span>.\n\t\t\tAny taxpayer<\/span> entitled to a credit under this section may transfer unused but otherwise allowable credits for use by another taxpayer<\/span> on Virginia income tax returns. A taxpayer<\/span> who transfers any amount of the credit in accordance with this section shall file a notification of such transfer to the Department<\/span> of Taxation in accordance with procedures and forms prescribed by the Tax Commissioner<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> of Energy shall certify that the biodiesel or green diesel fuels<\/span> producer<\/span> has satisfied the requirements of this section for the taxable year in which the credit is allowed. In addition, the taxpayer<\/span> shall submit with his income tax return all documentation as required by the Department<\/span> of Taxation. Any credit not usable for the taxable year may be carried over the next three taxable years. The amount of the credit allowed pursuant to this section shall not exceed the tax imposed for such taxable year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> For purposes of this section, the amount of any credit attributable to a partnership, electing small business corporation<\/span> (S corporation<\/span>), or limited liability company shall be allocated to the individual<\/span> partners, shareholders, or members, respectively, in proportion to their ownership or interest in such business entity. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n BIODIESEL AND GREEN DIESEL FUELS PRODUCERS TAX CREDIT (\u00a7 58.1-439.12:02)\n\nA. For purposes of this section:\n\t\t\t“Biodiesel fuel” means a fuel composed of mono-alkyl esters of\nlong-chain fatty acids derived from vegetable oils or animal fats, designated\nB100, and meeting the requirements of ASTM D6751.\n\t\t\t“Green diesel fuel” means a fuel produced from nonfossil\nrenewable resources including agricultural or silvicultural plants, animal fats,\nresidue and waste generated from the production, processing, and marketing of\nagricultural products, silvicultural products, and other renewable resources,\nand meeting applicable ASTM specifications.\n\t\t\t“Feedstock” means the agricultural or other renewable resources,\nwhether plant or animal derived, used to produce biodiesel or green diesel\nfuels.\n\t\t\t“Producer” means any person, entity, or agricultural cooperative\nassociation, as defined in the Agricultural Cooperative Association Act (§\n13.1-312 et seq.) that, in a calendar year, produces in the Commonwealth up to\ntwo million gallons of biodiesel or green diesel fuels using feedstock\noriginating domestically within the United States.\n\nB. For taxable years beginning on or after January 1, 2008, any taxpayer who is\na biodiesel fuel or green diesel fuel producer shall be entitled to a\nnonrefundable credit against the taxes imposed by § 58.1-320 or 58.1-400 in\nan amount equal to $0.01 per gallon of biodiesel or green diesel fuels produced\nby such taxpayer. However, the annual amount of the credit shall not exceed\n$5,000. The taxpayer shall be eligible for the credit during the first three\nyears of production of biodiesel or green diesel fuels.\n\t\t\tAny taxpayer entitled to a credit under this section may transfer unused but\notherwise allowable credits for use by another taxpayer on Virginia income tax\nreturns. A taxpayer who transfers any amount of the credit in accordance with\nthis section shall file a notification of such transfer to the Department of\nTaxation in accordance with procedures and forms prescribed by the Tax\nCommissioner.\n\nC. The Department of Energy shall certify that the biodiesel or green diesel\nfuels producer has satisfied the requirements of this section for the taxable\nyear in which the credit is allowed. In addition, the taxpayer shall submit with\nhis income tax return all documentation as required by the Department of\nTaxation. Any credit not usable for the taxable year may be carried over the\nnext three taxable years. The amount of the credit allowed pursuant to this\nsection shall not exceed the tax imposed for such taxable year.\n\nD. For purposes of this section, the amount of any credit attributable to a\npartnership, electing small business corporation (S corporation), or limited\nliability company shall be allocated to the individual partners, shareholders,\nor members, respectively, in proportion to their ownership or interest in such\nbusiness entity.\n\nHISTORY: 2008, c. 482; 2021, Sp. Sess. I, c. 532.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}