Title 26Internal Revenue CodeRelease 119-73

§87 Alcohol and biodiesel fuels credits

Title 26 › Subtitle Subtitle A— - Income Taxes › Chapter CHAPTER 1— - NORMAL TAXES AND SURTAXES › Subchapter Subchapter B— - Computation of Taxable Income › Part PART II— - ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME › § 87

Last updated Apr 6, 2026|Official source

Summary

Gross income must include three tax credits: the alcohol fuel credit the taxpayer gets for the taxable year under section 40(a), the biodiesel fuels credit under section 40A(a), and the sustainable aviation fuel credit under section 40B(a).

Full Legal Text

Title 26, §87

Internal Revenue Code — Source: USLM XML via OLRC

Gross income includes—
(1)the amount of the alcohol fuel credit determined with respect to the taxpayer for the taxable year under section 40(a),
(2)the biodiesel fuels credit determined with respect to the taxpayer for the taxable year under section 40A(a), and
(3)the sustainable aviation fuel credit determined with respect to the taxpayer for the taxable year under section 40B(a).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Par. (3). Pub. L. 117–169 added par. (3). 2004—Pub. L. 108–357 amended section catchline and text generally. Prior to amendment, text read as follows: “Gross income includes the amount of the alcohol fuel credit determined with respect to the taxpayer for the taxable year under section 40(a).” 1984—Pub. L. 98–369 amended section generally, substituting “the amount of the alcohol fuel credit determined with respect to the taxpayer for the taxable year under section 40(a)” for “an amount equal to the amount of the credit allowable to the taxpayer under section 44E for the taxable year (determined without regard to subsection (e) thereof)”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2022 AmendmentAmendment by Pub. L. 117–169 applicable to fuel sold or used after Dec. 31, 2022, see section 13203(f) of Pub. L. 117–169, set out as an

Effective Date

note under section 40B of this title.

Effective Date

of 2004 AmendmentAmendment by Pub. L. 108–357 applicable to fuel produced, and sold or used, after Dec. 31, 2004, in taxable years ending after such date, see section 302(d) of Pub. L. 108–357, set out as a note under section 38 of this title.

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98–369, set out as a note under section 21 of this title.

Effective Date

Section applicable to sales or uses after Sept. 30, 1980, in taxable years ending after such date, see section 232(h)(1) of Pub. L. 96–223, set out as a note under section 40 of this title.

Reference

Citations & Metadata

Citation

26 U.S.C. § 87

Title 26Internal Revenue Code

Last Updated

Apr 6, 2026

Release point: 119-73