Biodiesel Information Details

2021 Biodiesel Information

Jurisdiction:	New York
Year of Report:	2021
1) Jurisdiction provides either a refund or an exemption, impose a tax rate different than diesel, or offer an incentive (i.e. producers' or income tax credit):	Yes
2) Jurisdiction offers a refund for tax paid on biodiesel for IFTA carriers:
Effective date of the legislation:	09/01/2006
Brief description of the legislation:	"B20" is taxed at 80% of the diesel motor fuel tax rate when purchased.
3) Jurisdiction offers a biodiesel tax exemption for IFTA carriers:	Yes
Effective date of the legislation:	09/01/2006
Brief description of the legislation:	"B20" is taxed at 80% of the diesel motor fuel tax rate when purchased.
4) Jurisdiction imposes a tax on biodiesel at a rate different than the tax imposed on diesel:	Yes
Effective date of the biodiesel tax rate:	09/01/2006
5) Instructions for the IFTA licensees based in your jurisdiction to report biodiesel use on the IFTA return. :
6) Biodiesel incentive such as a producer's credit or an income tax credit:
Effective date of the legislation:	09/01/2006
Type of biodiesel incentive is offered:	o Biofuel production credit. For tax years commencing on or after January 1, 2006, and before January 1, 2020, the Tax Law establishes a biofuel production credit against the Article 9-A and Article 9 franchise taxes. The credit is 15¢ per gallon after the production of the first 40,000 gallons per year presented to market. The credit is capped at $2.5 million per taxpayer per tax year for up to no more than four consecutive tax years per biofuel plant. Beginning January 1, 2010, the credit cap is applied at the entity level for partners in a partnership and shareholders in a New York S corporation. o Clean heating fuel credit. Such credit, to be computed as hereinafter provided, shall be allowed for bioheating fuel, used for space heating or hot water production for residential purposes within this state and purchased on or after July 1, 2006 and before July 1, 2007 and on or after January 1, 2008 and before January 1, 2023. Such credit shall be $0.01 per percent of biodiesel per gallon of bioheating fuel, not to exceed 20¢ per gallon, purchased by such taxpayer. Provided, however, that on or after January 1, 2017, this credit shall not apply to bioheating fuel that is less than 6% biodiesel per gallon of bioheating fuel.

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