{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-439.12_05.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-439.12_05.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-439.12_05.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-439.12_05.html"}],"law_id":57964,"edition_id":1,"section_id":57964,"structure_id":13153,"section_number":"58.1-439.12:05","catch_line":"Green and alternative energy job creation tax credit","history":"2010, cc. 722, 727; 2015, cc. 249, 486; 2018, cc. 346, 347; 2020, c. 429; 2023, c. 509.","full_text":"A\n\nFor taxable years beginning on or after January 1, 2010, but before January 1, 2025, a taxpayer shall be allowed a credit against the tax levied pursuant to &#xA7; 58.1-320 or 58.1-400 for each new green job created within the Commonwealth by the taxpayer. The amount of the annual credit for each new green job shall be $500 for each annual salary that is $50,000 or more. The credit shall be first allowed for the taxable year in which the job has been filled for at least one year and for each of the four succeeding taxable years provided the job is continuously filled during the respective taxable year. Each taxpayer qualifying under this section shall be allowed the credit for up to 350 green jobs.B\n\nAs used in this section:\n\t\t\t&#8220;Green job&#8221; means employment in industries relating to the field of renewable, alternative energies, including the manufacture and operation of products used to generate electricity and other forms of energy from alternative sources that include hydrogen and fuel cell technology, landfill gas, methane extracted in Planning District 2, geothermal heating systems, solar heating systems, hydropower systems, wind systems, and biomass and biofuel systems. The Secretary of Commerce and Trade shall develop a detailed definition and list of jobs that qualify for the credit provided in this section and shall post them on his website.\n\t\t\t&#8220;Job&#8221; means employment of an indefinite duration of an individual whose primary work activity is related directly to the field of renewable, alternative energies and for which the standard fringe benefits are paid by the taxpayer, requiring a minimum of either (i) 35 hours of an employee&#8217;s time per week for the entire normal year of such taxpayer&#8217;s operations, which &#8220;normal year&#8221; must consist of at least 48 weeks, or (ii) 1,680 hours per year. Positions created when a job function is shifted from an existing location in the Commonwealth shall not qualify as a job under this section.C\n\nTo qualify for the tax credit provided in subsection A, a taxpayer shall demonstrate that the green job was created by the taxpayer, and that such job was continuously filled in the Commonwealth during the respective taxable year.D\n\nThe amount of the credit that may be claimed in any single taxable year shall not exceed the taxpayer&#8217;s liability for taxes imposed by this chapter for that taxable year. If the amount of credit allowed under this section exceeds the taxpayer&#8217;s tax liability for the taxable year in which the green job was continuously filled, the amount that exceeds the tax liability may be carried over for credit against the income taxes of the taxpayer in the next five taxable years or until the total amount of the tax credit has been taken, whichever is sooner.E\n\nCredits granted to a partnership, limited liability company, or electing small business corporation (S corporation) shall be allocated to the individual partners, members, or shareholders, respectively, in proportion to their ownership or interest in such business entities.F\n\nIf the taxpayer is eligible for the tax credits under this section and creates green jobs in an enterprise zone, as defined in &#xA7; 59.1-539, such taxpayer may also qualify for the benefits under the Enterprise Zone Grant Program (&#xA7; 59.1-538 et seq.).G\n\nA taxpayer shall not be allowed a tax credit pursuant to this section for any green job for which the taxpayer is allowed (i) a major business facility job tax credit pursuant to &#xA7; 58.1-439 or (ii) a federal tax credit for investments in manufacturing facilities for clean energy technologies that would foster investment and job creation in clean energy manufacturing.","order_by":null,"text":{"0":{"id":212301,"text":"For taxable years beginning on or after January 1, 2010, but before January 1, 2025, a taxpayer shall be allowed a credit against the tax levied pursuant to &#xA7; 58.1-320 or 58.1-400 for each new green job created within the Commonwealth by the taxpayer. The amount of the annual credit for each new green job shall be $500 for each annual salary that is $50,000 or more. The credit shall be first allowed for the taxable year in which the job has been filled for at least one year and for each of the four succeeding taxable years provided the job is continuously filled during the respective taxable year. Each taxpayer qualifying under this section shall be allowed the credit for up to 350 green jobs.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":212302,"text":"As used in this section:\n\t\t\t&#8220;Green job&#8221; means employment in industries relating to the field of renewable, alternative energies, including the manufacture and operation of products used to generate electricity and other forms of energy from alternative sources that include hydrogen and fuel cell technology, landfill gas, methane extracted in Planning District 2, geothermal heating systems, solar heating systems, hydropower systems, wind systems, and biomass and biofuel systems. The Secretary of Commerce and Trade shall develop a detailed definition and list of jobs that qualify for the credit provided in this section and shall post them on his website.\n\t\t\t&#8220;Job&#8221; means employment of an indefinite duration of an individual whose primary work activity is related directly to the field of renewable, alternative energies and for which the standard fringe benefits are paid by the taxpayer, requiring a minimum of either (i) 35 hours of an employee&#8217;s time per week for the entire normal year of such taxpayer&#8217;s operations, which &#8220;normal year&#8221; must consist of at least 48 weeks, or (ii) 1,680 hours per year. Positions created when a job function is shifted from an existing location in the Commonwealth shall not qualify as a job under this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":212303,"text":"To qualify for the tax credit provided in subsection A, a taxpayer shall demonstrate that the green job was created by the taxpayer, and that such job was continuously filled in the Commonwealth during the respective taxable year.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":212304,"text":"The amount of the credit that may be claimed in any single taxable year shall not exceed the taxpayer&#8217;s liability for taxes imposed by this chapter for that taxable year. If the amount of credit allowed under this section exceeds the taxpayer&#8217;s tax liability for the taxable year in which the green job was continuously filled, the amount that exceeds the tax liability may be carried over for credit against the income taxes of the taxpayer in the next five taxable years or until the total amount of the tax credit has been taken, whichever is sooner.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":212305,"text":"Credits granted to a partnership, limited liability company, or electing small business corporation (S corporation) shall be allocated to the individual partners, members, or shareholders, respectively, in proportion to their ownership or interest in such business entities.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":212306,"text":"If the taxpayer is eligible for the tax credits under this section and creates green jobs in an enterprise zone, as defined in &#xA7; 59.1-539, such taxpayer may also qualify for the benefits under the Enterprise Zone Grant Program (&#xA7; 59.1-538 et seq.).","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":212307,"text":"A taxpayer shall not be allowed a tax credit pursuant to this section for any green job for which the taxpayer is allowed (i) a major business facility job tax credit pursuant to &#xA7; 58.1-439 or (ii) a federal tax credit for investments in manufacturing facilities for clean energy technologies that would foster investment and job creation in clean energy manufacturing.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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 purchase of conservation tillage equipment","url":"\/58.1-432\/","token":"58.1\/I\/3\/13\/58.1-432","metadata":false},{"id":78377,"structure_id":13153,"section_number":"58.1-433","catch_line":"Expired","url":"\/58.1-433\/","token":"58.1\/I\/3\/13\/58.1-433","metadata":false},{"id":84600,"structure_id":13153,"section_number":"58.1-433.1","catch_line":"Virginia Coal Employment and Production Incentive Tax Credit","url":"\/58.1-433.1\/","token":"58.1\/I\/3\/13\/58.1-433.1","metadata":false},{"id":72145,"structure_id":13153,"section_number":"58.1-434","catch_line":"Repealed","url":"\/58.1-434\/","token":"58.1\/I\/3\/13\/58.1-434","metadata":false},{"id":62315,"structure_id":13153,"section_number":"58.1-436","catch_line":"Tax credit for purchase of conservation tillage and precision agricultural application equipment","url":"\/58.1-436\/","token":"58.1\/I\/3\/13\/58.1-436","metadata":false},{"id":62397,"structure_id":13153,"section_number":"58.1-437","catch_line":"Repealed","url":"\/58.1-437\/","token":"58.1\/I\/3\/13\/58.1-437","metadata":false},{"id":83316,"structure_id":13153,"section_number":"58.1-438","catch_line":"Not effective","url":"\/58.1-438\/","token":"58.1\/I\/3\/13\/58.1-438","metadata":false},{"id":56216,"structure_id":13153,"section_number":"58.1-438.1","catch_line":"Tax credit for vehicle emissions testing equipment, clean-fuel vehicles and certain refueling property","url":"\/58.1-438.1\/","token":"58.1\/I\/3\/13\/58.1-438.1","metadata":false},{"id":62311,"structure_id":13153,"section_number":"58.1-439","catch_line":"Major business facility job tax credit","url":"\/58.1-439\/","token":"58.1\/I\/3\/13\/58.1-439","metadata":false},{"id":63680,"structure_id":13153,"section_number":"58.1-439.1","catch_line":"Repealed","url":"\/58.1-439.1\/","token":"58.1\/I\/3\/13\/58.1-439.1","metadata":false},{"id":76474,"structure_id":13153,"section_number":"58.1-439.10","catch_line":"Tax credit for purchase of waste motor oil burning equipment","url":"\/58.1-439.10\/","token":"58.1\/I\/3\/13\/58.1-439.10","metadata":false},{"id":85121,"structure_id":13153,"section_number":"58.1-439.11","catch_line":"Repealed","url":"\/58.1-439.11\/","token":"58.1\/I\/3\/13\/58.1-439.11","metadata":false},{"id":59921,"structure_id":13153,"section_number":"58.1-439.12","catch_line":"Riparian forest buffer protection for waterways tax credit","url":"\/58.1-439.12\/","token":"58.1\/I\/3\/13\/58.1-439.12","metadata":false},{"id":71239,"structure_id":13153,"section_number":"58.1-439.12:01","catch_line":"Credit for cigarettes manufactured and exported","url":"\/58.1-439.12_01\/","token":"58.1\/I\/3\/13\/58.1-439.12_01","metadata":false},{"id":80405,"structure_id":13153,"section_number":"58.1-439.12:02","catch_line":" Biodiesel and green diesel fuels producers tax credit","url":"\/58.1-439.12_02\/","token":"58.1\/I\/3\/13\/58.1-439.12_02","metadata":false},{"id":77683,"structure_id":13153,"section_number":"58.1-439.12:03","catch_line":"Motion picture production tax credit","url":"\/58.1-439.12_03\/","token":"58.1\/I\/3\/13\/58.1-439.12_03","metadata":false},{"id":82387,"structure_id":13153,"section_number":"58.1-439.12:04","catch_line":"Tax credit for participating landlords","url":"\/58.1-439.12_04\/","token":"58.1\/I\/3\/13\/58.1-439.12_04","metadata":false},{"id":57964,"structure_id":13153,"section_number":"58.1-439.12:05","catch_line":"Green and alternative energy job creation tax credit","url":"\/58.1-439.12_05\/","token":"58.1\/I\/3\/13\/58.1-439.12_05","metadata":false},{"id":66012,"structure_id":13153,"section_number":"58.1-439.12:06","catch_line":"International trade facility tax credit","url":"\/58.1-439.12_06\/","token":"58.1\/I\/3\/13\/58.1-439.12_06","metadata":false},{"id":58192,"structure_id":13153,"section_number":"58.1-439.12:07","catch_line":"Telework expenses tax credit","url":"\/58.1-439.12_07\/","token":"58.1\/I\/3\/13\/58.1-439.12_07","metadata":false},{"id":84261,"structure_id":13153,"section_number":"58.1-439.12:08","catch_line":"Research and development expenses tax credit","url":"\/58.1-439.12_08\/","token":"58.1\/I\/3\/13\/58.1-439.12_08","metadata":false},{"id":54175,"structure_id":13153,"section_number":"58.1-439.12:09","catch_line":"Barge and rail usage tax credit","url":"\/58.1-439.12_09\/","token":"58.1\/I\/3\/13\/58.1-439.12_09","metadata":false},{"id":78639,"structure_id":13153,"section_number":"58.1-439.12:10","catch_line":"Virginia port volume increase tax credit","url":"\/58.1-439.12_10\/","token":"58.1\/I\/3\/13\/58.1-439.12_10","metadata":false},{"id":85547,"structure_id":13153,"section_number":"58.1-439.12:11","catch_line":"Major research and development expenses tax credit","url":"\/58.1-439.12_11\/","token":"58.1\/I\/3\/13\/58.1-439.12_11","metadata":false},{"id":65654,"structure_id":13153,"section_number":"58.1-439.12:12","catch_line":"Food donation tax credit","url":"\/58.1-439.12_12\/","token":"58.1\/I\/3\/13\/58.1-439.12_12","metadata":false},{"id":54927,"structure_id":13153,"section_number":"58.1-439.2","catch_line":" Coalfield employment enhancement tax credit","url":"\/58.1-439.2\/","token":"58.1\/I\/3\/13\/58.1-439.2","metadata":false},{"id":63351,"structure_id":13153,"section_number":"58.1-439.3","catch_line":"Repealed","url":"\/58.1-439.3\/","token":"58.1\/I\/3\/13\/58.1-439.3","metadata":false},{"id":58298,"structure_id":13153,"section_number":"58.1-439.4","catch_line":"Day-care facility investment tax credit","url":"\/58.1-439.4\/","token":"58.1\/I\/3\/13\/58.1-439.4","metadata":false},{"id":66742,"structure_id":13153,"section_number":"58.1-439.5","catch_line":"Agricultural best management practices tax credit","url":"\/58.1-439.5\/","token":"58.1\/I\/3\/13\/58.1-439.5","metadata":false},{"id":81908,"structure_id":13153,"section_number":"58.1-439.6","catch_line":"Worker retraining tax credit","url":"\/58.1-439.6\/","token":"58.1\/I\/3\/13\/58.1-439.6","metadata":false},{"id":60296,"structure_id":13153,"section_number":"58.1-439.6:1","catch_line":"Worker training tax credit","url":"\/58.1-439.6_1\/","token":"58.1\/I\/3\/13\/58.1-439.6_1","metadata":false},{"id":55856,"structure_id":13153,"section_number":"58.1-439.7","catch_line":"Tax credit for purchase of machinery and equipment used for advanced recycling and processing recyclable materials","url":"\/58.1-439.7\/","token":"58.1\/I\/3\/13\/58.1-439.7","metadata":false},{"id":82497,"structure_id":13153,"section_number":"58.1-439.8","catch_line":"Repealed","url":"\/58.1-439.8\/","token":"58.1\/I\/3\/13\/58.1-439.8","metadata":false},{"id":66196,"structure_id":13153,"section_number":"58.1-439.9","catch_line":"Tax credit for certain employers hiring recipients of Temporary Assistance for Needy Families","url":"\/58.1-439.9\/","token":"58.1\/I\/3\/13\/58.1-439.9","metadata":false}],"previous_section":{"id":82387,"structure_id":13153,"section_number":"58.1-439.12:04","catch_line":"Tax credit for participating landlords","url":"\/58.1-439.12_04\/","token":"58.1\/I\/3\/13\/58.1-439.12_04","metadata":false},"next_section":{"id":66012,"structure_id":13153,"section_number":"58.1-439.12:06","catch_line":"International trade facility tax credit","url":"\/58.1-439.12_06\/","token":"58.1\/I\/3\/13\/58.1-439.12_06","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/58.1-439.12:05\/","history_text":"<p>This law was first created in 2010. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0722\">722<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?101+ful+CHAP0727\">727<\/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. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2015, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0249\">249<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0486\">486<\/a>; in 2018, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0346\">346<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?181+ful+CHAP0347\">347<\/a>; in 2020, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0429\">429<\/a>; in 2023, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0509\">509<\/a>.<\/p>","references":false,"refers_to":[{"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\/"},{"id":62311,"section_number":"58.1-439","catch_line":"Major business facility job tax credit","order_by":null,"url":"\/58.1-439\/"},{"id":85120,"section_number":"59.1-538","catch_line":"Short title","order_by":null,"url":"\/59.1-538\/"},{"id":83451,"section_number":"59.1-539","catch_line":"Definitions","order_by":null,"url":"\/59.1-539\/"}],"permalink":{"id":253575,"object_type":"law","relational_id":57964,"identifier":"58.1-439.12:05","token":"58.1\/I\/3\/13\/58.1-439.12_05","url":"\/58.1-439.12_05\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-439.12_05\/","token":"58.1\/I\/3\/13\/58.1-439.12_05","dublin_core":{"Title":"Green and alternative energy job creation tax credit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-439.12:05","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> For taxable years beginning on or after January 1, 2010, but before January 1, 2025, a <span class=\"dictionary\">taxpayer<\/span> shall be allowed a credit against the tax levied pursuant to &#xA7; <a class=\"law\" title=\"Imposition of tax\" href=\"\/58.1-320\/\">58.1-320<\/a> or <a class=\"law\" title=\"Imposition of tax\" href=\"\/58.1-400\/\">58.1-400<\/a> for each new <span class=\"dictionary\">green job<\/span> created within the Commonwealth by the <span class=\"dictionary\">taxpayer<\/span>. The amount of the annual credit for each new <span class=\"dictionary\">green job<\/span> shall be $500 for each annual salary that is $50,000 or more. The credit shall be first allowed for the taxable year in which the job has been filled for at least one year and for each of the four succeeding taxable years provided the job is continuously filled during the respective taxable year. Each <span class=\"dictionary\">taxpayer<\/span> qualifying under this section shall be allowed the credit for up to 350 <span class=\"dictionary\">green jobs<\/span>. <a id=\"paragraph-212301\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-439.12_05\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> As used in this section:\n\t\t\t&#8220;<span class=\"dictionary\">Green job<\/span>&#8221; means employment in industries relating to the field of renewable, alternative energies, including the manufacture and operation of products used to generate electricity and other forms of energy from alternative sources that include hydrogen and fuel cell technology, landfill gas, methane extracted in Planning District 2, geothermal heating systems, solar heating systems, hydropower systems, wind systems, and biomass and biofuel systems. The Secretary of Commerce and Trade shall develop a detailed definition and list of jobs that qualify for the credit provided in this section and shall post them on his website.\n\t\t\t&#8220;Job&#8221; means employment of an indefinite duration of an <span class=\"dictionary\">individual<\/span> whose primary work activity is related directly to the field of renewable, alternative energies and for which the standard fringe benefits are paid by the <span class=\"dictionary\">taxpayer<\/span>, requiring a minimum of either (i) 35 hours of an employee&#8217;s time per week for the entire <span class=\"dictionary\">normal year<\/span> of such <span class=\"dictionary\">taxpayer<\/span>&#8217;s operations, which &#8220;<span class=\"dictionary\">normal year<\/span>&#8221; must consist of at least 48 weeks, or (ii) 1,680 hours per year. Positions created when a job function is shifted from an existing location in the Commonwealth shall not qualify as a job under this section. <a id=\"paragraph-212302\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-439.12_05\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> To qualify for the tax credit provided in subsection A, a <span class=\"dictionary\">taxpayer<\/span> shall demonstrate that the <span class=\"dictionary\">green job<\/span> was created by the <span class=\"dictionary\">taxpayer<\/span>, and that such job was continuously filled in the Commonwealth during the respective taxable year. <a id=\"paragraph-212303\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-439.12_05\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The amount of the credit that may be claimed in any single taxable year shall not exceed the <span class=\"dictionary\">taxpayer<\/span>&#8217;s liability for taxes imposed by this chapter for that taxable year. If the amount of credit allowed under this section exceeds the <span class=\"dictionary\">taxpayer<\/span>&#8217;s tax liability for the taxable year in which the <span class=\"dictionary\">green job<\/span> was continuously filled, the amount that exceeds the tax liability may be carried over for credit against the income taxes of the <span class=\"dictionary\">taxpayer<\/span> in the next five taxable years or until the total amount of the tax credit has been taken, whichever is sooner. <a id=\"paragraph-212304\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-439.12_05\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Credits granted to a partnership, limited liability company, or electing small business <span class=\"dictionary\">corporation<\/span> (S <span class=\"dictionary\">corporation<\/span>) shall be allocated to the <span class=\"dictionary\">individual<\/span> partners, members, or shareholders, respectively, in proportion to their ownership or interest in such business entities. <a id=\"paragraph-212305\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-439.12_05\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> If the <span class=\"dictionary\">taxpayer<\/span> is eligible for the tax credits under this section and creates <span class=\"dictionary\">green jobs<\/span> in an enterprise zone, as defined in &#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/59.1-539\/\">59.1-539<\/a>, such <span class=\"dictionary\">taxpayer<\/span> may also qualify for the benefits under the Enterprise Zone Grant Program (&#xA7; <a class=\"law\" title=\"Short title\" href=\"\/59.1-538\/\">59.1-538<\/a> et seq.). <a id=\"paragraph-212306\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-439.12_05\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"G\"><p><span class=\"prefix-number\">G.<\/span> A <span class=\"dictionary\">taxpayer<\/span> shall not be allowed a tax credit pursuant to this section for any <span class=\"dictionary\">green job<\/span> for which the <span class=\"dictionary\">taxpayer<\/span> is allowed (i) a major business facility job tax credit pursuant to &#xA7; <a class=\"law\" title=\"Major business facility job tax credit\" href=\"\/58.1-439\/\">58.1-439<\/a> or (ii) a federal tax credit for investments in manufacturing facilities for clean energy technologies that would foster investment and job creation in clean energy manufacturing. <a id=\"paragraph-212307\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/58.1-439.12_05\/#G\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nGREEN AND ALTERNATIVE ENERGY JOB CREATION TAX CREDIT (\u00a7 58.1-439.12:05)\n\nA. For taxable years beginning on or after January 1, 2010, but before January\n1, 2025, a taxpayer shall be allowed a credit against the tax levied pursuant to\n&#xA7; 58.1-320 or 58.1-400 for each new green job created within the\nCommonwealth by the taxpayer. The amount of the annual credit for each new green\njob shall be $500 for each annual salary that is $50,000 or more. The credit\nshall be first allowed for the taxable year in which the job has been filled for\nat least one year and for each of the four succeeding taxable years provided the\njob is continuously filled during the respective taxable year. Each taxpayer\nqualifying under this section shall be allowed the credit for up to 350 green\njobs.\n\nB. As used in this section:\n\t\t\t&#8220;Green job&#8221; means employment in industries relating to the field\nof renewable, alternative energies, including the manufacture and operation of\nproducts used to generate electricity and other forms of energy from alternative\nsources that include hydrogen and fuel cell technology, landfill gas, methane\nextracted in Planning District 2, geothermal heating systems, solar heating\nsystems, hydropower systems, wind systems, and biomass and biofuel systems. The\nSecretary of Commerce and Trade shall develop a detailed definition and list of\njobs that qualify for the credit provided in this section and shall post them on\nhis website.\n\t\t\t&#8220;Job&#8221; means employment of an indefinite duration of an individual\nwhose primary work activity is related directly to the field of renewable,\nalternative energies and for which the standard fringe benefits are paid by the\ntaxpayer, requiring a minimum of either (i) 35 hours of an employee&#8217;s time\nper week for the entire normal year of such taxpayer&#8217;s operations, which\n&#8220;normal year&#8221; must consist of at least 48 weeks, or (ii) 1,680 hours\nper year. Positions created when a job function is shifted from an existing\nlocation in the Commonwealth shall not qualify as a job under this section.\n\nC. To qualify for the tax credit provided in subsection A, a taxpayer shall\ndemonstrate that the green job was created by the taxpayer, and that such job\nwas continuously filled in the Commonwealth during the respective taxable year.\n\nD. The amount of the credit that may be claimed in any single taxable year shall\nnot exceed the taxpayer&#8217;s liability for taxes imposed by this chapter for\nthat taxable year. If the amount of credit allowed under this section exceeds\nthe taxpayer&#8217;s tax liability for the taxable year in which the green job\nwas continuously filled, the amount that exceeds the tax liability may be\ncarried over for credit against the income taxes of the taxpayer in the next\nfive taxable years or until the total amount of the tax credit has been taken,\nwhichever is sooner.\n\nE. Credits granted to a partnership, limited liability company, or electing\nsmall business corporation (S corporation) shall be allocated to the individual\npartners, members, or shareholders, respectively, in proportion to their\nownership or interest in such business entities.\n\nF. If the taxpayer is eligible for the tax credits under this section and\ncreates green jobs in an enterprise zone, as defined in &#xA7; 59.1-539, such\ntaxpayer may also qualify for the benefits under the Enterprise Zone Grant\nProgram (&#xA7; 59.1-538 et seq.).\n\nG. A taxpayer shall not be allowed a tax credit pursuant to this section for any\ngreen job for which the taxpayer is allowed (i) a major business facility job\ntax credit pursuant to &#xA7; 58.1-439 or (ii) a federal tax credit for\ninvestments in manufacturing facilities for clean energy technologies that would\nfoster investment and job creation in clean energy manufacturing.\n\nHISTORY: 2010, cc. 722, 727; 2015, cc. 249, 486; 2018, cc. 346, 347; 2020, c.\n429; 2023, c. 509.","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}}