Page:United States Statutes at Large Volume 118.djvu/1494

 118 STAT. 1464 PUBLIC LAW 108–357—OCT. 22, 2004 ‘‘(i) only if the sale or use described in subpara graph (B) is in a trade or business of the taxpayer, and ‘‘(ii) for the taxable year in which such sale or use occurs. ‘‘(D) CASUAL OFF FARM PRODUCTION NOT ELIGIBLE.— No credit shall be allowed under this section with respect to any casual off farm production of a qualified biodiesel mixture. ‘‘(2) BIODIESEL CREDIT.— ‘‘(A) IN GENERAL.—The biodiesel credit of any taxpayer for any taxable year is 50 cents for each gallon of biodiesel which is not in a mixture with diesel fuel and which during the taxable year— ‘‘(i) is used by the taxpayer as a fuel in a trade or business, or ‘‘(ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person’s vehicle. ‘‘(B) USER CREDIT NOT TO APPLY TO BIODIESEL SOLD AT RETAIL.—No credit shall be allowed under subparagraph (A)(i) with respect to any biodiesel which was sold in a retail sale described in subparagraph (A)(ii). ‘‘(3) CREDIT FOR AGRI BIODIESEL.—In the case of any bio diesel which is agri biodiesel, paragraphs (1)(A) and (2)(A) shall be applied by substituting ‘$1.00’ for ‘50 cents’. ‘‘(4) CERTIFICATION FOR BIODIESEL.—No credit shall be allowed under this section unless the taxpayer obtains a certifi cation (in such form and manner as prescribed by the Secretary) from the producer or importer of the biodiesel which identifies the product produced and the percentage of biodiesel and agri biodiesel in the product. ‘‘(c) COORDINATION WITH CREDIT AGAINST EXCISE TAX.—The amount of the credit determined under this section with respect to any biodiesel shall be properly reduced to take into account any benefit provided with respect to such biodiesel solely by reason of the application of section 6426 or 6427(e). ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For purposes of this section— ‘‘(1) BIODIESEL.—The term ‘biodiesel’ means the monoalkyl esters of long chain fatty acids derived from plant or animal matter which meet— ‘‘(A) the registration requirements for fuels and fuel additives established by the Environmental Protection Agency under section 211 of the Clean Air Act (42 U.S.C. 7545), and ‘‘(B) the requirements of the American Society of Testing and Materials D6751. ‘‘(2) AGRI BIODIESEL.—The term ‘agri biodiesel’ means bio diesel derived solely from virgin oils, including esters derived from virgin vegetable oils from corn, soybeans, sunflower seeds, cottonseeds, canola, crambe, rapeseeds, safflowers, flaxseeds, rice bran, and mustard seeds, and from animal fats. ‘‘(3) MIXTURE OR BIODIESEL NOT USED AS A FUEL, ETC.— ‘‘(A) MIXTURES.—If— ‘‘(i) any credit was determined under this section with respect to biodiesel used in the production of any qualified biodiesel mixture, and Applicability.

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