26 U.S.C. § 6426
Credit for alcohol fuel, biodiesel, and alternative fuel mixtures
United States · Title 26 — INTERNAL REVENUE CODE · Status: effective
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- 26 U.S.C. § 6426, Credit for alcohol fuel, biodiesel, and alternative fuel mixtures, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/464177
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Full text
There shall be allowed as a credit—
For purposes of this section, the alcohol fuel mixture credit is the product of the applicable amount and the number of gallons of alcohol used by the taxpayer in producing any alcohol fuel mixture for sale or use in a trade or business of the taxpayer.
For purposes of this subsection—
Except as provided in subparagraphs (B) and (C), the applicable amount is—
In the case of an alcohol fuel mixture in which none of the alcohol consists of ethanol, the applicable amount is 60 cents.
In the case of any calendar year beginning after 2008, if the Secretary makes a determination described in section 40(h)(3)(B) with respect to all preceding calendar years beginning after 2007, subparagraph (A)(ii) shall be applied by substituting “51 cents” for “45 cents”.
For purposes of this subsection, the term “alcohol fuel mixture” means a mixture of alcohol and a taxable fuel which—
For purposes of this subsection—
The term “alcohol” includes methanol and ethanol but does not include—
The term “taxable fuel” has the meaning given such term by section 4083(a)(1).
For purposes of determining under subsection (a) the number of gallons of alcohol with respect to which a credit is allowable under subsection (a), the volume of alcohol shall include the volume of any denaturant (including gasoline) which is added under any formulas approved by the Secretary to the extent that such denaturants do not exceed 2 percent of the volume of such alcohol (including denaturants).
This subsection shall not apply to any sale, use, or removal for any period after December 31, 2011.
For purposes of this section, the biodiesel mixture credit is the product of the applicable amount and the number of gallons of biodiesel used by the taxpayer in producing any biodiesel mixture for sale or use in a trade or business of the taxpayer.
For purposes of this subsection, the applicable amount is $1.00.
For purposes of this section, the term “biodiesel mixture” means a mixture of biodiesel and diesel fuel (as defined in section 4083(a)(3)), determined without regard to any use of kerosene, which—
No credit shall be allowed under this subsection unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the biodiesel which identifies the product produced and the percentage of biodiesel and agri-biodiesel in the product.
Any term used in this subsection which is also used in section 40A shall have the meaning given such term by section 40A.
This subsection shall not apply to any sale, use, or removal for any period after December 31, 2024.
For purposes of this section, the alternative fuel credit is the product of 50 cents and the number of gallons of an alternative fuel or gasoline gallon equivalents of a nonliquid alternative fuel sold by the taxpayer for use as a fuel in a motor vehicle or motorboat, sold by the taxpayer for use as a fuel in aviation, or so used by the taxpayer.
For purposes of this section, the term “alternative fuel” means—
For purposes of this subsection, the term “gasoline gallon equivalent” means, with respect to any nonliquid alternative fuel, the amount of such fuel having a Btu content of 124,800 (higher heating value).
The requirements of this paragraph are met if the fuel is certified, under such procedures as required by the Secretary, as having been derived from coal produced at a gasification facility which separates and sequesters not less than the applicable percentage of such facility’s total carbon dioxide emissions.
For purposes of subparagraph (A), the applicable percentage is—
This subsection shall not apply to any sale or use for any period after December 31, 2024.
For purposes of this section, the alternative fuel mixture credit is the product of 50 cents and the number of gallons of alternative fuel used by the taxpayer in producing any alternative fuel mixture for sale or use in a trade or business of the taxpayer.
For purposes of this section, the term “alternative fuel mixture” means a mixture of alternative fuel (other than a fuel described in subparagraph (A), (C), or (E) of subsection (d)(2)) and taxable fuel (as defined in subparagraph (A), (B), or (C) of section 4083(a)(1)) which—
This subsection shall not apply to any sale or use for any period after December 31, 2024.
If—
any person—
All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under paragraph (1) as if such tax were imposed by section 4081 and not by this section.
Rules similar to the rules under section 40(c) shall apply for purposes of this section.
No credit shall be determined under subsection (d) or (e) with respect to any fuel with respect to which credit may be determined under subsection (b) or (c) or under section 40, 40A, or 40B.
No credit shall be determined under this section with respect to any alcohol which is produced outside the United States for use as a fuel outside the United States.
No credit shall be determined under this section with respect to any biodiesel or alternative fuel which is produced outside the United States for use as a fuel outside the United States.
For purposes of determining any credit under this section, any reference to the number of gallons of an alternative fuel or the gasoline gallon equivalent of such a fuel shall be treated as a reference to—
For purposes of this section, the sustainable aviation fuel credit for the taxable year is, with respect to any sale or use of a qualified mixture, an amount equal to the product of—
the sum of—
Any term used in this subsection which is also used in section 40B shall have the meaning given such term by section 40B.
For purposes of this subsection, rules similar to the rules of section 40B(f) shall apply.
With respect to any gallon of sustainable aviation fuel in a qualified mixture, this subsection shall not apply to any such gallon for which a credit under section 45Z is allowable (as determined without regard to subsection (a)(1)(A) of such section).
This subsection shall not apply to any sale or use for any period after September 30, 2025.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- American Jobs Creation Act of 2004
- Energy Policy Act of 2005
- SAFETEA-LU
- Tax Technical Corrections Act of 2007House: no recorded tallySenate: no recorded tally
- Food, Conservation, and Energy Act of 2008
- Food, Conservation, and Energy Act of 2008
- A bill to provide authority for the Federal Government to purchase and insure certain types of troubled assets for the purposes of providing stability to and preventing disruption in the economy and financial system and protecting taxpayers, to amend the Internal Revenue Code of 1986 to provide incentives for energy production and conservation, to extend certain expiring provisions, to provide individual income tax relief, and for other purposes.
- Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010House: 277–148Senate: no recorded tally
- American Taxpayer Relief Act of 2012
- Tax Increase Prevention Act of 2014
- Consolidated Appropriations Act, 2016
- Bipartisan Budget Act of 2018House: 240–186Senate: no recorded tally
- Consolidated Appropriations Act, 2018House: 256–167Senate: no recorded tally
- Further Consolidated Appropriations Act, 2020House: 297–120Senate: no recorded tally
- Consolidated Appropriations Act, 2021House: no recorded tallySenate: no recorded tally
- An act to provide for reconciliation pursuant to title II of S. Con. Res. 14.
- An act to provide for reconciliation pursuant to title II of H. Con. Res. 14.