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26 U.S.C. § 40BSustainable aviation fuel credit

submitted 4 years ago by Pub. L. 117-169 to r/title-26-INTERNAL-REVENUE-CODE · 710 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law gives a tax credit to businesses that blend sustainable aviation fuel with jet fuel. The credit starts at $1.25 a gallon and grows for fuel that cuts more greenhouse gas emissions. It applies only through 2024 and only to fuel meeting strict certification rules.

(a) In general. Your sustainable aviation fuel credit for the year equals the number of gallons of sustainable aviation fuel (SAF) in a qualified mixture, multiplied by $1.25 plus the applicable supplementary amount for that fuel. (b) Applicable supplementary amount. This adds 1 cent for every percentage point by which the fuel's lifecycle greenhouse gas emissions reduction goes above 50%. This bonus cannot exceed 50 cents total, so the full credit tops out at $1.75 a gallon. (c) Qualified mixture. A blend of SAF and kerosene counts if all four things are true: you produce the mixture in the United States; you use it (or sell it for use) in an aircraft; the sale or use is part of your ordinary business; and the fuel is actually loaded into the aircraft's tank in the United States. (d) Sustainable aviation fuel. (1) The fuel — the part of it that isn't kerosene — must meet ASTM International Standard D7566, or the Fischer-Tropsch rules under ASTM Standard D1655, Annex A1. It cannot be made by processing certain fat-based "applicable materials" together with a non-biomass feedstock. It cannot come from palm fatty acid distillates or petroleum. And it must be certified, under subsection (e), as cutting lifecycle greenhouse gas emissions by at least 50%. (2) "Applicable material" means monoglycerides, diglycerides, triglycerides, free fatty acids, and fatty acid esters. "Biomass" has the meaning given in section 45K(c)(3). (e) Lifecycle greenhouse gas emissions reduction percentage. This is how much less lifecycle emissions the fuel produces compared to regular petroleum-based jet fuel, measured using either the most recent Carbon Offsetting and Reduction Scheme for International Aviation adopted by the International Civil Aviation Organization with U.S. agreement, or a similar method that meets the criteria in section 211(o)(1)(H) of the Clean Air Act as it existed when this section became law. (f) Registration. No credit is allowed unless the fuel's producer or importer is registered with the Secretary under section 4101 and provides: certification from an independent party showing compliance with the tracking and reporting requirements of the international scheme described in (e) (or similar requirements for an alternate method), plus any other information the Secretary requires. (g) Coordination with excise credit. The credit must be reduced to account for any benefit the same fuel already got under section 6426 or 6427(e), so you're not paid twice. (h) Termination. This section does not apply to any sale or use after December 31, 2024.
the actual law source: uscode.house.gov ↗public domain
(a) In general

For purposes of section 38, the sustainable aviation fuel credit determined under this section for the taxable year is, with respect to any sale or use of a qualified mixture which occurs during such taxable year, an amount equal to the product of—

(1)

the number of gallons of sustainable aviation fuel in such mixture, multiplied by

(2)

the sum of—

(A)

$1.25, plus

(B)

the applicable supplementary amount with respect to such sustainable aviation fuel.

(b) Applicable supplementary amount

For purposes of this section, the term “applicable supplementary amount” means, with respect to any sustainable aviation fuel, an amount equal to $0.01 for each percentage point by which the lifecycle greenhouse gas emissions reduction percentage with respect to such fuel exceeds 50 percent. In no event shall the applicable supplementary amount determined under this subsection exceed $0.50.

(c) Qualified mixture

For purposes of this section, the term “qualified mixture” means a mixture of sustainable aviation fuel and kerosene if—

(1)

such mixture is produced by the taxpayer in the United States,

(2)

such mixture is used by the taxpayer (or sold by the taxpayer for use) in an aircraft,

(3)

such sale or use is in the ordinary course of a trade or business of the taxpayer, and

(4)

the transfer of such mixture to the fuel tank of such aircraft occurs in the United States.

(d) Sustainable aviation fuel
(1) In general

For purposes of this section, the term “sustainable aviation fuel” means liquid fuel, the portion of which is not kerosene, which—

(A)

meets the requirements of—

(i)

ASTM International Standard D7566, or

(ii)

the Fischer Tropsch provisions of ASTM International Standard D1655, Annex A1,

(B)

is not derived from coprocessing an applicable material (or materials derived from an applicable material) with a feedstock which is not biomass,

(C)

is not derived from palm fatty acid distillates or petroleum, and

(D)

has been certified in accordance with subsection (e) as having a lifecycle greenhouse gas emissions reduction percentage of at least 50 percent.

(2) Definitions

In this subsection—

(A) Applicable material

The term “applicable material” means—

(i)

monoglycerides, diglycerides, and triglycerides,

(ii)

free fatty acids, and

(iii)

fatty acid esters.

(B) Biomass

The term “biomass” has the same meaning given such term in section 45K(c)(3).

(e) Lifecycle greenhouse gas emissions reduction percentage

For purposes of this section, the term “lifecycle greenhouse gas emissions reduction percentage” means, with respect to any sustainable aviation fuel, the percentage reduction in lifecycle greenhouse gas emissions achieved by such fuel as compared with petroleum-based jet fuel, as defined in accordance with—

(1)

the most recent Carbon Offsetting and Reduction Scheme for International Aviation which has been adopted by the International Civil Aviation Organization with the agreement of the United States, or

(2)

any similar methodology which satisfies the criteria under section 211(o)(1)(H) of the Clean Air Act (42 U.S.C. 7545(o)(1)(H)), as in effect on the date of enactment of this section.

(f) Registration of sustainable aviation fuel producers

No credit shall be allowed under this section with respect to any sustainable aviation fuel unless the producer or importer of such fuel—

(1)

is registered with the Secretary under section 4101, and

(2)

provides—

(A)

certification (in such form and manner as the Secretary shall prescribe) from an unrelated party demonstrating compliance with—

(i)

any general requirements, supply chain traceability requirements, and information transmission requirements established under the Carbon Offsetting and Reduction Scheme for International Aviation described in paragraph (1) of subsection (e), or

(ii)

in the case of any methodology established under paragraph (2) of such subsection, requirements similar to the requirements described in clause (i), and

(B)

such other information with respect to such fuel as the Secretary may require for purposes of carrying out this section.

(g) Coordination with credit against excise tax

The amount of the credit determined under this section with respect to any sustainable aviation fuel shall, under rules prescribed by the Secretary, be properly reduced to take into account any benefit provided with respect to such sustainable aviation fuel solely by reason of the application of section 6426 or 6427(e).

(h) Termination

This section shall not apply to any sale or use after December 31, 2024.

Source credit: (Added Pub. L. 117–169, title I, § 13203(a), Aug. 16, 2022, 136 Stat. 1932.)

history & why it existsrecord from the source credit
  • 2022Enacted · Pub. L. 117-169 · 136 Stat. 1932

A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-169 on 2022-08-16.

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