                                 CODE OF VIRGINIA

FOOD DONATION TAX CREDIT (§ 58.1-439.12:12)

A. As used in this section, unless the context requires a different meaning:
			&#8220;Food crops&#8221; means grains, fruits, nuts, or vegetables.
			&#8220;Nonprofit food bank&#8221; means an entity located in the Commonwealth
that is exempt from taxation under &#xA7; 501(c)(3) of the Internal Revenue
Code, as amended or renumbered, and organized with a principal purpose of
providing food to the needy.
			&#8220;Wholesome food&#8221; 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. 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. &#xA7; 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 &#xA7; 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. 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.

D. 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&#8217;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. 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.

F. 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.

G. 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 (&#xA7; 2.2-4000 et seq.).

HISTORY: 2016, cc. 304, 391; 2023, cc. 165, 166.