HR 8137
To amend the Internal Revenue Code of 1986 to establish tax credits for the production of, and investment in, certain renewable materials.
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Bill overview
This bill creates two new tax credits to encourage the production and investment in renewable materials. The first credit, for production, allows taxpayers to claim a credit based on the weight of qualified renewable material produced at a designated facility and sold or used in their business. The second credit, for investment, provides a 30% tax credit for investments in qualified facilities that produce these materials. Both credits are coordinated with existing tax incentives and are subject to certain limitations and definitions related to the types of renewable materials eligible.
Key provisions
- Creates a 10-cent per pound tax credit for qualified renewable material production.
- Defines ‘qualified renewable material’ as biobased carbon content from biomass produced using specific conversion methods.
- Establishes a 30% tax credit for qualified investment in renewable material production facilities.
- Defines ‘qualified investment’ as the basis of property placed in service at a qualified facility.
- A ‘qualified facility’ is defined as a renewable material production facility.
- Coordinates the renewable materials production credit with the clean fuel production credit.
- Allows the renewable materials production and investment credits to be transferred.
- Limits the amount of the renewable materials production credit to $10 million per facility.
Who is affected
- Manufacturers of renewable materials
- Businesses using renewable materials
- Investors in renewable material production facilities
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
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119th CONGRESS — 2d Session
H. R. 8137
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Internal Revenue Code of 1986 to establish tax credits for the production of, and investment in, certain renewable materials.
Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
For purposes of section 38, the renewable materials production credit for any taxable year is an amount equal to the product of—
10 cents, multiplied by
the number of pounds of qualified renewable material which is—
produced by the taxpayer during such taxable year at a renewable material production facility, and
either—
sold by the taxpayer to an unrelated person, or
used by the taxpayer producing such qualified renewable material,
only if such sale or use is in a trade or business of the taxpayer during the taxable year.
For purposes of this section—
The term qualified renewable material
means the biobased carbon content portion of any product, including a chemical, produced using biological conversion, thermal conversion, catalytic conversion, chemical conversion, or a combination thereof, from biomass.
The term qualified renewable material
shall not include any product—
which is suitable for use as a fuel in any vehicle (whether or not the vehicle is manufactured primarily for use on public streets, roads, and highways), marine vessel, watercraft, or aircraft,
used to generate heat or electricity,
which is suitable for use as food or feed,
produced from biomass which was not manufactured, produced, grown, or extracted in whole or in significant part within—
the United States (within the meaning of section 638(1)), or
a possession of the United States (within the meaning of section 638(2)), or
which is derived from coprocessing biomass with a feedstock which is not biomass.
In the case where multiple points in a supply chain may be eligible under this section, the qualified renewable material that first meets the requirements of this section will be the only qualified renewable material eligible.
The term biobased carbon content portion
means the biobased carbon content as determined pursuant to ASTM D6866.
The term biomass
has the same meaning given such term in section 45K(c)(3), except biomass
does not include any qualified renewable material.
The term renewable material production facility
means any facility—
that produces qualified renewable material during a qualifying credit period, and
located in the United States or a possession of the United States (within the meaning of section 638(2)).
The term qualifying credit period
means the 10-year period beginning on the later of—
the date the renewable material production facility was originally placed in service,
the date the modifications described in subparagraph (B) were placed in service, or
the date of enactment of this section.
The modifications described in this subparagraph are substantial modifications to an existing facility which allow such facility to produce qualified renewable material.
Except as otherwise provided in subparagraph (B) or in any regulations prescribed by the Secretary, any credit under this section shall be attributable to the person that sells or uses the qualified renewable material.
If the person described in subparagraph (A) makes an election under this subparagraph in such time and manner as the Secretary may prescribe by regulations, the credit under this section—
shall be allowable to the person to whom the qualified renewable material is sold, and
shall not be allowable to the person described in subparagraph (A).
The term renewable material production facility
shall not include any facility for which a renewable materials investment credit determined under section 48F is allowed under section 38 for the taxable year or any prior taxable year.
Rules similar to the rules of section 45(b)(3) shall apply.
The amount of the credit determined under subsection (a) with respect to any facility for any taxable year (determined after the application of paragraph (3)) shall not exceed $10,000,000.
Section 45Z(d)(4)(B) is amended by adding at the end the following:
The renewable materials production credit under section 45BB.
Section 6418(f)(1) is amended—
in subparagraph (A) by adding at the end the following:
The renewable materials production credit determined under section 45BB.
in subparagraph (B), by striking or (vii)
and inserting (vii), or (xii)
.
Subsection (b) of section 38 of such Code is amended by striking plus
at the end of paragraph (40), by striking the period at the end of paragraph (41) and inserting , plus
, and by adding at the end the following new paragraph:
the renewable materials production credit determined under section 45BB.
The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following:
The Secretary, in consultation with the Secretary of Agriculture, shall establish regulations or other guidance for implementing the credit established under this section within 180 days of the date of enactment.
The amendments made by this section shall apply to qualified renewable material produced on or after the date of enactment.
Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
For purposes of section 46, the renewable materials investment credit for any taxable year is an amount equal to 30 percent of the qualified investment for the taxable year with respect to any qualified facility.
For purposes of subsection (a), the qualified investment for any taxable year with respect to any qualified facility is the basis of any qualified property placed in service by the taxpayer during such taxable year which—
is used in the production of qualified renewable material, and
is part of a qualified facility.
For purposes of this section, the term qualified property
means property—
which is—
tangible personal property, or
other tangible property (not including a building or its structural components), but only if such property is used as an integral part of the qualified facility,
with respect to which depreciation (or amortization in lieu of depreciation) is allowable,
which is constructed, reconstructed, erected, or acquired by the taxpayer, and
the original use of which commences with the taxpayer.
The term qualified facility
means a renewable material production facility within the meaning of section 45BB(b)(3).
The term qualified facility
shall not include any facility for which a renewable materials production credit determined under section 45BB is allowed under section 38 for the taxable year or any prior taxable year.
The qualified investment with respect to any qualified facility for any taxable year shall not include that portion of the basis of any property which is attributable to qualified rehabilitation expenditures (as defined in section 47(c)(2)).
Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of subsection (a).
Rules similar to the rules of section 45(b)(3) shall apply.
Section 45Z(d)(4)(B), as amended by section 1, is amended by adding at the end the following:
The credit determined under section 46 to the extent that such credit is attributable to the renewable materials investment credit.
Section 6418, as amended by section 1, is amended—
in subsection (f)(1)(A) by adding at the end the following:
The renewable materials investment credit determined under section 48F.
in paragraph (g)(3) by striking (xi)
and inserting (xi), or (xiii),
.
Section 46 of such Code is amended—
in paragraph (6) by striking and
at the end,
in paragraph (7) by striking the period at the end and inserting , and
, and
by adding at the end the following:
the renewable materials investment credit.
Section 49(a)(1)(C) of such Code is amended—
by striking and
at the end of clause (vii),
by striking the period at the end of clause (viii) and inserting , and
, and
by adding at the end the following new clause:
the basis of any qualified property which is part of a qualified facility under section 48F.
Section 50(a)(2)(E) of such Code is amended by striking or 48E(e)
and inserting 48E(e), or 48F(c)(1)
.
The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48E the following new item:
The Secretary, in consultation with the Secretary of Agriculture, shall establish regulations or other guidance for implementing the credit established under this section within 180 days of the date of enactment.
The amendments made by this section shall apply to property placed in service after the date of enactment.