LD 1492
pg. 2
Page 1 of 2 PUBLIC Law Chapter 698 LD 1492 Title Page
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LR 1861
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gallon of gasoline that replaces the use of petroleum or liquid
fuels derived from other fossil carbon sources.__In blends with
petroleum or other nonbiofuels, the credit is allowed only on the
portion of that blend that the biofuel constitutes.__Biofuel for
which the credit is allowed must meet state and federal regulatory
requirements applicable to the nature and intended use of the fuel
produced.

 
3.__Limitations.__A person entitled to a credit under this
section for any taxable year may carry over and apply the portion
of any unused credits to the tax liability on income derived from
the production of biofuel for any one or more of the next
succeeding 5 taxable years.__The credit allowed, including
carryovers, may not reduce the tax otherwise due under this Part
to less than zero.

 
4.__Certification.__A taxpayer engaged in the production of
biofuels who is claiming a credit under subsection 2 shall
provide information to the Commissioner of Environmental
Protection regarding the biofuel being produced, including the
quantity of biofuel products, the type of forest or agricultural
product being utilized, the nature and composition of the biofuel
being produced, the proportion and composition of any nonbiofuel
with which the biofuel is blended and the type of application for
which it is intended to be used.__Upon review of the information,
the Commissioner of Environmental Protection shall provide the
taxpayer with a letter of certification stating that the biofuel
produced during the taxable year is eligible for a tax credit
under this section and stating the number of gallons of biofuel
produced during the taxable year.

 
5.__Application.__This section applies to tax years beginning
on or after January 1, 2004.


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