{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/58.1-439.12_12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/58.1-439.12_12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/58.1-439.12_12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/58.1-439.12_12.html"}],"law_id":65654,"edition_id":1,"section_id":65654,"structure_id":13153,"section_number":"58.1-439.12:12","catch_line":"Food donation tax credit","history":"2016, cc. 304, 391; 2023, cc. 165, 166.","full_text":"A\n\nAs used in this section, unless the context requires a different meaning:\n\t\t\t“Food crops” means grains, fruits, nuts, or vegetables.\n\t\t\t“Nonprofit food bank” means an entity located in the Commonwealth that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, as amended or renumbered, and organized with a principal purpose of providing food to the needy.\n\t\t\t“Wholesome food” means food that meets all quality standards imposed by federal, state, and local laws or regulations, including food that may not be readily marketable due to appearance, age, freshness, grade, surplus, or other condition.B\n\nFor taxable years beginning on or after January 1, 2023, but before January 1, 2028, any person engaged in the business of farming as defined under 26 C.F.R. § 1.175-3 that donates food crops grown or wholesome food produced by the person in the Commonwealth to a nonprofit food bank shall be allowed a credit against the tax levied pursuant to § 58.1-320 or 58.1-400 for the taxable year of the donation. The person shall be allowed a credit in an amount equal to 50 percent of the fair market value of such food crops or wholesome food donated by the person to a nonprofit food bank during the taxable year but not to exceed an aggregate credit of $10,000 for all such donations made by the person during such year.C\n\nCredit shall be allowed under this section only if (i) the use of the donated food crops or wholesome food by the donee nonprofit food bank is related to providing food to the needy, (ii) the donated food crops or wholesome foods are not transferred for use outside the Commonwealth or used by the donee nonprofit food bank as consideration for services performed or personal property purchased, and (iii) the donated food crops or wholesome foods, if sold by the donee nonprofit food bank, are sold to the needy, other nonprofit food banks, or organizations that intend to use the food crops or wholesome foods to provide food to the needy.D\n\nThe Tax Commissioner shall issue tax credits under this section, and in no case shall the Tax Commissioner issue more than $250,000 in tax credits pursuant to this section in any fiscal year of the Commonwealth. For every taxable year for which a person seeks the tax credit under this section, the person shall submit an application to the Department in accordance with the forms, instructions, dates, and procedures prescribed by the Department. In order to claim any credit, for each donation made that is approved by the Department for tax credit, the person making the donation shall attach to the person’s income tax return a written certification prepared by the donee nonprofit food bank. The written certification prepared by the donee nonprofit food bank shall identify the donee nonprofit food bank, the person donating food crops or wholesome food to it, the date of the donation, the number of pounds of food crops or wholesome food donated, and the fair market value of the food crops or wholesome food donated. The certification shall also include a statement by the donee nonprofit food bank that its use and disposition of the food crops or wholesome food complies with the requirements under subsection C.E\n\nThe amount of the credit claimed shall not exceed the total amount of tax imposed by this chapter upon the person for the taxable year. Any credit not usable for the taxable year for which the credit was first allowed may be carried over for credit against the income taxes of the person in the next five succeeding taxable years or until the total amount of the tax credit has been taken, whichever is sooner.F\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.G\n\nThe Tax Commissioner shall develop guidelines implementing the provisions of this section. The guidelines shall include procedures for the allocation of tax credits among participating taxpayers. Such guidelines shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","order_by":null,"text":{"0":{"id":238607,"text":"As used in this section, unless the context requires a different meaning:\n\t\t\t“Food crops” means grains, fruits, nuts, or vegetables.\n\t\t\t“Nonprofit food bank” means an entity located in the Commonwealth that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, as amended or renumbered, and organized with a principal purpose of providing food to the needy.\n\t\t\t“Wholesome food” means food that meets all quality standards imposed by federal, state, and local laws or regulations, including food that may not be readily marketable due to appearance, age, freshness, grade, surplus, or other condition.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238608,"text":"For taxable years beginning on or after January 1, 2023, but before January 1, 2028, any person engaged in the business of farming as defined under 26 C.F.R. § 1.175-3 that donates food crops grown or wholesome food produced by the person in the Commonwealth to a nonprofit food bank shall be allowed a credit against the tax levied pursuant to § 58.1-320 or 58.1-400 for the taxable year of the donation. The person shall be allowed a credit in an amount equal to 50 percent of the fair market value of such food crops or wholesome food donated by the person to a nonprofit food bank during the taxable year but not to exceed an aggregate credit of $10,000 for all such donations made by the person during such year.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":238609,"text":"Credit shall be allowed under this section only if (i) the use of the donated food crops or wholesome food by the donee nonprofit food bank is related to providing food to the needy, (ii) the donated food crops or wholesome foods are not transferred for use outside the Commonwealth or used by the donee nonprofit food bank as consideration for services performed or personal property purchased, and (iii) the donated food crops or wholesome foods, if sold by the donee nonprofit food bank, are sold to the needy, other nonprofit food banks, or organizations that intend to use the food crops or wholesome foods to provide food to the needy.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":238610,"text":"The Tax Commissioner shall issue tax credits under this section, and in no case shall the Tax Commissioner issue more than $250,000 in tax credits pursuant to this section in any fiscal year of the Commonwealth. For every taxable year for which a person seeks the tax credit under this section, the person shall submit an application to the Department in accordance with the forms, instructions, dates, and procedures prescribed by the Department. In order to claim any credit, for each donation made that is approved by the Department for tax credit, the person making the donation shall attach to the person’s income tax return a written certification prepared by the donee nonprofit food bank. The written certification prepared by the donee nonprofit food bank shall identify the donee nonprofit food bank, the person donating food crops or wholesome food to it, the date of the donation, the number of pounds of food crops or wholesome food donated, and the fair market value of the food crops or wholesome food donated. The certification shall also include a statement by the donee nonprofit food bank that its use and disposition of the food crops or wholesome food complies with the requirements under subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":238611,"text":"The amount of the credit claimed shall not exceed the total amount of tax imposed by this chapter upon the person for the taxable year. Any credit not usable for the taxable year for which the credit was first allowed may be carried over for credit against the income taxes of the person in the next five succeeding taxable years or until the total amount of the tax credit has been taken, whichever is sooner.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":238612,"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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":238613,"text":"The Tax Commissioner shall develop guidelines implementing the provisions of this section. The guidelines shall include procedures for the allocation of tax credits among participating taxpayers. Such guidelines shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000 et seq.).","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 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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 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This law was first created in 2016. The record of its establishment is cataloged in chapters 304<\/a> and 391<\/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 1 time. 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. That modification is as follows: in 2023, chapters 165<\/a> and 166<\/a>.<\/p>","references":[{"id":85168,"section_number":"58.1-322.01","catch_line":"Virginia taxable income; additions","order_by":null,"url":"\/58.1-322.01\/"},{"id":56970,"section_number":"58.1-402","catch_line":"Virginia taxable income","order_by":null,"url":"\/58.1-402\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"},{"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":253603,"object_type":"law","relational_id":65654,"identifier":"58.1-439.12:12","token":"58.1\/I\/3\/13\/58.1-439.12_12","url":"\/58.1-439.12_12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/58.1-439.12_12\/","token":"58.1\/I\/3\/13\/58.1-439.12_12","dublin_core":{"Title":"Food donation tax credit","Type":"Text","Format":"text\/html","Identifier":"\u00a7 58.1-439.12:12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, unless the context requires a different meaning:\n\t\t\t“Food crops<\/span>” means grains, fruits, nuts, or vegetables.\n\t\t\t“Nonprofit food bank<\/span>” means an entity located in the Commonwealth that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code, as amended or renumbered, and organized with a principal purpose of providing food to the needy.\n\t\t\t“Wholesome food<\/span>” means food that meets all quality standards imposed by federal, state, and local laws<\/span> or regulations, including food that may not be readily marketable due to appearance<\/span>, age, freshness, grade, surplus, or other condition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For taxable years beginning on or after January 1, 2023, but before January 1, 2028, any person engaged in the business of farming as defined under 26 C.F.R. § 1.175-3 that donates food crops<\/span> grown or wholesome food<\/span> produced by the person in the Commonwealth to a nonprofit food bank<\/span> shall be allowed a credit against the tax levied pursuant to § 58.1-320<\/a> or 58.1-400<\/a> for the taxable year of the donation. The person shall be allowed a credit in an amount equal to 50 percent of the fair market value of such food crops<\/span> or wholesome food<\/span> donated by the person to a nonprofit food bank<\/span> during the taxable year but not to exceed an aggregate credit of $10,000 for all such donations made by the person during such year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Credit shall be allowed under this section only if (i) the use of the donated food crops<\/span> or wholesome food<\/span> by the donee nonprofit food bank<\/span> is related to providing food to the needy, (ii) the donated food crops<\/span> or wholesome foods<\/span> are not transferred for use outside the Commonwealth or used by the donee nonprofit food bank<\/span> as consideration for services performed or personal property purchased, and (iii) the donated food crops<\/span> or wholesome foods<\/span>, if sold by the donee nonprofit food bank<\/span>, are sold to the needy, other nonprofit food banks<\/span>, or organizations that intend to use the food crops<\/span> or wholesome foods<\/span> to provide food to the needy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Tax Commissioner<\/span> shall issue<\/span> tax credits under this section, and in no case shall the Tax Commissioner<\/span> issue<\/span> more than $250,000 in tax credits pursuant to this section in any fiscal year of the Commonwealth. For every taxable year for which a person seeks the tax credit under this section, the person shall submit an application to the Department<\/span> in accordance with the forms, instructions, dates, and procedures prescribed by the Department<\/span>. In order<\/span> to claim any credit, for each donation made that is approved by the Department<\/span> for tax credit, the person making the donation shall attach to the person’s income tax return a written certification prepared by the donee nonprofit food bank<\/span>. The written certification prepared by the donee nonprofit food bank<\/span> shall identify the donee nonprofit food bank<\/span>, the person donating food crops<\/span> or wholesome food<\/span> to it, the date of the donation, the number of pounds of food crops<\/span> or wholesome food<\/span> donated, and the fair market value of the food crops<\/span> or wholesome food<\/span> donated. The certification shall also include a statement by the donee nonprofit food bank<\/span> that its use and disposition<\/span> of the food crops<\/span> or wholesome food<\/span> complies with the requirements under subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The amount of the credit claimed shall not exceed the total amount of tax imposed by this chapter upon the person for the taxable year. Any credit not usable for the taxable year for which the credit was first allowed may be carried over for credit against the income taxes of the person in the next five succeeding taxable years or until the total amount of the tax credit has been taken, whichever is sooner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Credits granted to a partnership, limited liability company, or electing small business corporation<\/span> (S corporation<\/span>) shall be allocated to the individual<\/span> partners, members, or shareholders, respectively, in proportion to their ownership or interest in such business entities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The Tax Commissioner<\/span> shall develop guidelines implementing the provisions of this section. The guidelines shall include procedures for the allocation of tax credits among participating taxpayers<\/span>. Such guidelines shall be exempt from the provisions of the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFOOD DONATION TAX CREDIT (\u00a7 58.1-439.12:12)\n\nA. As used in this section, unless the context requires a different meaning:\n\t\t\t“Food crops” means grains, fruits, nuts, or vegetables.\n\t\t\t“Nonprofit food bank” means an entity located in the Commonwealth\nthat is exempt from taxation under § 501(c)(3) of the Internal Revenue\nCode, as amended or renumbered, and organized with a principal purpose of\nproviding food to the needy.\n\t\t\t“Wholesome food” means food that meets all quality standards\nimposed by federal, state, and local laws or regulations, including food that\nmay not be readily marketable due to appearance, age, freshness, grade, surplus,\nor other condition.\n\nB. For taxable years beginning on or after January 1, 2023, but before January\n1, 2028, any person engaged in the business of farming as defined under 26\nC.F.R. § 1.175-3 that donates food crops grown or wholesome food produced\nby the person in the Commonwealth to a nonprofit food bank shall be allowed a\ncredit against the tax levied pursuant to § 58.1-320 or 58.1-400 for the\ntaxable year of the donation. The person shall be allowed a credit in an amount\nequal to 50 percent of the fair market value of such food crops or wholesome\nfood donated by the person to a nonprofit food bank during the taxable year but\nnot to exceed an aggregate credit of $10,000 for all such donations made by the\nperson during such year.\n\nC. Credit shall be allowed under this section only if (i) the use of the donated\nfood crops or wholesome food by the donee nonprofit food bank is related to\nproviding food to the needy, (ii) the donated food crops or wholesome foods are\nnot transferred for use outside the Commonwealth or used by the donee nonprofit\nfood bank as consideration for services performed or personal property\npurchased, and (iii) the donated food crops or wholesome foods, if sold by the\ndonee nonprofit food bank, are sold to the needy, other nonprofit food banks, or\norganizations that intend to use the food crops or wholesome foods to provide\nfood to the needy.\n\nD. The Tax Commissioner shall issue tax credits under this section, and in no\ncase shall the Tax Commissioner issue more than $250,000 in tax credits pursuant\nto this section in any fiscal year of the Commonwealth. For every taxable year\nfor which a person seeks the tax credit under this section, the person shall\nsubmit an application to the Department in accordance with the forms,\ninstructions, dates, and procedures prescribed by the Department. In order to\nclaim any credit, for each donation made that is approved by the Department for\ntax credit, the person making the donation shall attach to the person’s\nincome tax return a written certification prepared by the donee nonprofit food\nbank. The written certification prepared by the donee nonprofit food bank shall\nidentify the donee nonprofit food bank, the person donating food crops or\nwholesome food to it, the date of the donation, the number of pounds of food\ncrops or wholesome food donated, and the fair market value of the food crops or\nwholesome food donated. The certification shall also include a statement by the\ndonee nonprofit food bank that its use and disposition of the food crops or\nwholesome food complies with the requirements under subsection C.\n\nE. The amount of the credit claimed shall not exceed the total amount of tax\nimposed by this chapter upon the person for the taxable year. Any credit not\nusable for the taxable year for which the credit was first allowed may be\ncarried over for credit against the income taxes of the person in the next five\nsucceeding taxable years or until the total amount of the tax credit has been\ntaken, whichever is sooner.\n\nF. 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\nG. The Tax Commissioner shall develop guidelines implementing the provisions of\nthis section. The guidelines shall include procedures for the allocation of tax\ncredits among participating taxpayers. Such guidelines shall be exempt from the\nprovisions of the Administrative Process Act (§ 2.2-4000 et seq.).\n\nHISTORY: 2016, cc. 304, 391; 2023, cc. 165, 166.","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}}