May 1, 2025
Mr. Carey (for himself, Mrs. Miller-Meeks, Ms. Tenney, Mr. Johnson of South Dakota, Mr. Garbarino, Mr. LaHood, and Mr. Kelly of Pennsylvania) introduced the following bill; which was referred to the Committee on Ways and Means
To amend the Internal Revenue Code of 1986 to extend the biodiesel fuels credit and the biodiesel mixture credit.
Section 1. Short title
This Act may be cited as the Biodiesel Tax Credit Extension Act of 2025
.
Sec. 2. Extension of biofuel tax incentives
(a) Extension of biodiesel and renewable diesel credit
(1) In general
Section 40A(g) of the Internal Revenue Code of 1986 is amended by striking 2024
and inserting 2026
.
(2) Denial of double benefit
Section 40A of such Code is amended—
(A)
by redesignating subsection (g) (as amended) as subsection (h), and
(B)
by inserting after subsection (f) the following new subsection:
(g) Denial of Double Benefit
In the case of any fuel with respect to which a credit is allowed under section 45Z(a) for any taxable year, the amount determined under this section with respect to such fuel shall be zero.
(b) Extension of biodiesel mixture credit
(1) Extension of credit for fuels used for taxable purposes
(A) In general
Section 6426(c)(6) of such Code is amended by striking 2024
and inserting 2026
.
(B) Denial of double benefit
Section 6426(c) of such Code is amended by adding at the end the following new paragraph:
(7) Denial of double benefit
In the case of any fuel with respect to which a credit is allowed under section 45Z(a) for any taxable year, the applicable amount determined under this paragraph (2) with respect to such fuel shall be zero.
(2) Extension of credit for fuels not used for taxable purposes
Section 6427(e)(6)(B) of such Code is amended by striking 2024
and inserting 2026
.
(c) Extension of alcohol fuel credit with respect to second generation biofuel production and coordination with clean fuel production credit
(1) Coordination with clean fuel production credit
Section 40(b) of such Code is amended by redesignating paragraph (6) as paragraph (7) and by inserting after paragraph (5) the following new paragraph:
(6) Coordination with clean fuel production credit
No credit shall be determined under this paragraph with respect to fuel with respect to which a credit was allowed under section 45Z(a).
(2) Extension
Section 40(b)(7)(J)(i) of such Code (as so redesignated) is amended by striking January 1, 2025
and inserting January 1, 2027
.
(d) Effective dates
(1) Biodiesels
The amendments made subsections (a) and (b) shall apply to fuel sold or used after December 31, 2024.
(2) Second generation biofuels
The amendments made by subsection (c) shall apply to qualified second generation biofuel (as defined in section 40(b)(6)(C) of such Code) production occurring after December 31, 2024.