§45K Credit for producing fuel from a nonconventional source

2014—Subsec. (g)(2)(E). Pub. L. 113–295 amended subpar. (E) generally. Prior to amendment, text read as follows: “No credit shall be allowed with respect to any qualified fuel which is steel industry fuel (as defined in section 45(c)(7)) if a credit is allowed to the taxpayer for such fuel under section 45.” 2008—Subsec. (g)(2)(E). Pub. L. 110–343 added subpar. (E). 2006—Subsec. (g)(1). Pub. L. 109–432, § 211(b), inserted “(other than from petroleum based products)” after “producing coke or coke gas” in introductory provisions. Subsec. (g)(2)(D). Pub. L. 109–432, § 211(a), added subpar. (D). 2005—Pub. L. 109–58, § 1322(a)(1), renumbered section 29 of this title as this section. Subsec. (a). Pub. L. 109–135, § 402(g), struck out “if the taxpayer elects to have this section apply,” after “For purposes of section 38,” in introductory provisions. Pub. L. 109–58, § 1322(a)(3)(E), substituted “For purposes of section 38, if the taxpayer elects to have this section apply, the nonconventional source production credit determined under this section for the taxable year is” for “There shall be allowed as a credit against the tax imposed by this chapter for the taxable year” in introductory provisions. Subsec. (b)(6). Pub. L. 109–58, § 1322(a)(3)(F), struck out heading and text of par. (6). Text read as follows: “The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of— “(A) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and section 27, over “(B) the tentative minimum tax for the taxable year.” Subsec. (c)(2)(A). Pub. L. 109–58, § 1322(b)(1)(A), inserted “(as in effect before the repeal of such section)” after “1978”. Subsecs. (e), (f). Pub. L. 109–58, § 1322(b)(1)(B), redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e), which related to application of section with the Natural Gas Policy Act of 1978. Subsec. (g). Pub. L. 109–135, § 412(l)(1), substituted “subsection (e)” for “subsection (f)” in introductory provisions. Pub. L. 109–58, § 1322(b)(1)(B), redesignated subsec. (h) as (g). Subsec. (g)(1)(A). Pub. L. 109–58, § 1322(b)(2)(A), substituted “subsection (e)(1)(B)” for “subsection (f)(1)(B)”. Subsec. (g)(1)(B). Pub. L. 109–58, § 1322(b)(2)(B), substituted “subsection (e)” for “subsection (f)”. Subsec. (g)(2)(C). Pub. L. 109–135, § 412(l)(2), substituted “subsection (f)” for “subsection (g)”. Subsec. (h). Pub. L. 109–58, § 1322(b)(1)(B), redesignated subsec. (h) as (g). Pub. L. 109–58, § 1321(a), added subsec. (h). 1996—Subsec. (b)(6)(A). Pub. L. 104–188, § 1205(d)(3), substituted “section 27” for “section 27 and 28”. Subsec. (g)(1)(A). Pub. L. 104–188, § 1207(a), substituted “

July 1, 1998” for “

January 1, 1997” and “

January 1, 1997” for “

January 1, 1996”. 1992—Subsec. (g). Pub. L. 102–486 added subsec. (g). 1990—Subsec. (b)(3)(A)(i)(III). Pub. L. 101–508, § 11813(b)(1)(A), substituted “section 48(a)(4)(C)” for “section 48(l)(11)(C)”. Subsec. (b)(4). Pub. L. 101–508, § 11813(b)(1)(B), substituted “section 49(b) or 50(a)” for “section 47” in two places. Subsec. (b)(5), (6). Pub. L. 101–508, § 11501(c)(1), added par. (5) and redesignated former par. (5) as (6). Subsec. (c)(1)(B) to (E). Pub. L. 101–508, § 11816(a), inserted “and” at end of subpar. (B), substituted a period for a comma at end of subpar. (C), and struck out subpar. (D) which related to qualifying processed wood fuels, and subpar. (E) which related to steam produced from solid agricultural byproducts (not including timber byproducts). Subsec. (c)(2)(B). Pub. L. 101–508, § 11501(b)(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “The term ‘gas produced from a tight formation’ shall only include— “(i) gas the price of which is regulated by the United States, and “(ii) gas for which the maximum lawful price applicable under the Natural Gas Policy Act of 1978 is at least 150 percent of the then applicable price under section 103 of such Act.” Subsec. (c)(3). Pub. L. 101–508, § 11813(b)(1)(C), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The term ‘biomass’ means any organic material which is an alternate substance (as defined in section 48(l)(3)(B)) other than coal (including lignite) or any product of such coal.” Subsec. (c)(4). Pub. L. 101–508, § 11816(b)(1), struck out par. (4) “Qualifying processed wood fuel” which read as follows: “(A) In general.—The term ‘qualifying processed wood fuel’ means any processed solid wood fuel (other than charcoal, fireplace products, or a product used for ornamental or recreational purposes) which has a Btu content per unit of volume or weight, determined without regard to any nonwood elements, which is at least 40 percent greater per unit of volume or weight than the Btu content of the wood from which it is produced (determined immediately before the processing). “(B) Election.—A taxpayer shall elect, at such time and in such manner as the Secretary by

may prescribe, as to whether Btu content per unit shall be determined for purposes of this paragraph on a volume or weight basis. Any such election— “(i) shall apply to all production from a facility; and “(ii) shall be effective for the taxable year with respect to which it is made and for all subsequent taxable years and, once made, may be revoked only with the consent of the Secretary.” Subsec. (c)(5). Pub. L. 101–508, § 11816(b)(1), struck out par. (5) “Agricultural byproduct steam” which read as follows: “Steam produced from solid agricultural byproducts which is used by the taxpayer in his trade or business shall be treated as having been sold by the taxpayer to an unrelated person on the date on which it is used.” Subsec. (d)(4). Pub. L. 101–508, § 11816(b)(2), amended par. (4) generally, striking out “Special rules applicable to” before “Gas” in heading, redesignating former subpar. (A) as par. (4), striking out subpar. (B) which related to the reference price and application of phaseout for Devonian shale, and making minor changes in phraseology. Subsec. (d)(5), (6). Pub. L. 101–508, § 11816(b)(3), (4), redesignated par. (6) as (5), substituted “subparagraph (C)” for “subparagraph (C), (D), or (E)”, and struck out former par. (5) which read as follows: “In the case of a facility for the production of— “(A) qualifying processed wood fuel, or “(B) steam from solid agricultural byproducts, paragraph (1) of subsection (b) shall not apply with respect to the amount of the credit allowable under subsection (a) for fuels sold during the 3-year period beginning on the date the facility is placed in service.” Subsec. (d)(7) to (9). Pub. L. 101–508, § 11816(b)(3), redesignated pars. (7) to (9) as (6) to (8), respectively. Subsec. (f). Pub. L. 101–508, § 11816(b)(5), amended subsec. (f) generally, redesignating former par. (1) as subsec. (f), making minor changes in phraseology, substituting par. (2) for former par. (1)(B) which read as follows: “which are sold after

December 31, 1979, and before

January 1, 2003.”, and striking out former par. (2) which related to special rules applicable to qualified processed wood and solid agricultural byproduct steam. Subsec. (f)(1)(A)(i), (ii). Pub. L. 101–508, § 11501(a)(1), substituted “1993” for “1991”. Subsec. (f)(1)(B). Pub. L. 101–508, § 11501(a)(2), substituted “2003” for “2001”. 1988—Subsec. (f)(1)(A)(i), (ii). Pub. L. 100–647 substituted “1991” for “1990”. 1986—Subsec. (b)(5). Pub. L. 99–514, § 701(c)(3), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The credit allowed by subsection (a) for a taxable year shall not exceed the taxpayer’s tax liability for the taxable year (as defined in section 26(b)), reduced by the sum of the credits allowable under subpart A and section 27 and 28.” Subsec. (d)(8). Pub. L. 99–514, § 1879(c)(1), inserted provision directing that a corporation which is a member of an affiliated group of corporations filing a consolidated return shall be treated as selling qualified fuels to an unrelated person if such fuels are sold to such person by another member of such group. 1984—Pub. L. 98–369, § 471(c), renumbered section 44D of this title as this section. Subsec. (b)(1)(A). Pub. L. 98–369, § 722(d)(1), substituted “in which the sale occurs” for “in which the taxable year begins”. Subsec. (b)(2). Pub. L. 98–369, § 722(d)(2), substituted “in which the sale occurs” for “in which a taxable year begins”. Subsec. (b)(5). Pub. L. 98–369, § 612(e)(1), substituted “section 26(b)” for “section 25(b)”. Pub. L. 98–369, § 474(h), amended par. (5) generally, substituting “shall not exceed the taxpayer’s tax liability for the taxable year (as defined in section 25(b)), reduced by the sum of the credits allowable under subpart A and section 27 and 28” for “shall not exceed the tax imposed by this chapter for such taxable year, reduced by the sum of the credits allowable under a section of this subpart having a lower number or letter designation than this section, other than the credits allowable by section 31, 39, and 43. For purposes of the preceding sentence, the term ‘tax imposed by this chapter’ shall not include any tax treated as not imposed by this chapter under the last sentence of section 53(a)”. 1983—Subsec. (f)(1)(B), (2)(A)(i). Pub. L. 97–448 substituted “

December 31, 1979” for “

December 3, 1979”. 1982—Subsec. (d)(9). Pub. L. 97–354 substituted “Pass-thru in the case of estates and trusts” for “Pass-through in the case of subchapter S corporations, etc.” in par. heading, and substituted provisions relating to the applicability of rules similar to rules of subsec. (d) of section 52 for provisions relating to the applicability of rules similar to rules of subsecs. (d) and (e) of section 52. 1981—Subsec. (e). Pub. L. 97–34 substituted provisions respecting application with the Natural Gas Policy Act of 1978 for prior provision reading “If the taxpayer makes an election under section 107(d) of the Natural Gas Policy Act of 1978 to have subsections (a) and (b) of section 107 of that Act, and subtitle B of title I of that Act, apply with respect to gas described in subsection (c)(1)(B)(i) produced from any well on a property, then the credit allowable by subsection (a) shall not be allowed with respect to any gas produced on that property.”

of 1990 Amendment Pub. L. 101–508, title XI, § 11501(b)(2), Nov. 5, 1990, 104 Stat. 1388–479, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to gas produced after

December 31, 1990.” Pub. L. 101–508, title XI, § 11501(c)(2), Nov. 5, 1990, 104 Stat. 1388–480, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to taxable years beginning after

December 31, 1990.” Pub. L. 101–508, title XI, § 11813(c), Nov. 5, 1990, 104 Stat. 1388–555, provided that: “(1) In general.—Except as provided in paragraph (2), the