Fischbach, Ways and Means Colleagues Request Input from Stakeholders on Biofuel Tax Policy

(Office of Congresswoman Michelle Fischbach (R-MN-07) ) Yesterday, Congresswoman Michelle Fischbach (MN-07) and several of her colleagues on the U.S. House Ways and Means Committee released a request for information from relevant stakeholders on biofuel tax policy.

Public Law 117-169, enacted in 2022, made significant modifications to biofuel tax policy without any Republican input. With unified Republican government in Washington, the House Ways and Means Committee is seeking feedback from stakeholders on how these provisions could be improved to support domestic energy production and rural economic development.

This request for information is a follow-up to the House Ways and Means Tax Team submission deadline of October 15th. The Supply Chains and Rural America Tax Teams are leading this effort to gather additional information on biofuel tax policy specifically.

“I am proud to represent biofuel producers across western Minnesota, and I am proud to help lead this effort with Republican members of the Ways and Means Committee,” said Rep. Michelle Fischbach. “As a Vice Chair of the Rural America Tax Team and a member of the Supply Chains Tax Team, I know that this invitation for dialogue with stakeholders is incredibly important. When our Democrat colleagues rammed through their changes to biofuels tax credits, they left the industry with disappointing timelines and unworkable regulations. Our rural communities deserve a meaningful seat at the table when Congress makes discussions that directly impact them. This Request For Information will help give them a voice.”

“Biofuels are a major economic engine in Iowa and across the Midwest, and our tax policies should help this important industry to Rural America thrive. Although Republicans represent most of America’s rural districts and agricultural producers, the revisions in 2022 made significant changes to biofuel tax policy without any Republican input,” said Rep. Feenstra. “That’s why several of my colleagues on the House Ways and Means Committee and I are requesting information from our biofuel producers, farmers, and relevant stakeholders to improve these tax provisions to support domestic energy production and rural economic growth. For example, we need to ensure that farmers have flexibility on the agricultural practices that they implement to qualify for the clean-fuel production tax credit. I look forward to reviewing the input we receive and building upon the work of the Ways and Means Tax Teams.”

“As a reliable and sustainable energy source, biofuels are an essential part of an all-of-the-above approach to American energy abundance,” said Rep. Adrian Smith. “Unfortunately, the Biden administration’s refusal to provide timely guidance and its track record of creating unworkable and out of touch standards reflects an ignorance of the biofuels marketplace. It is clear we need more input from industry stakeholders to determine the best path forward for these tax credits and ensure our hard-working farmers and producers have the certainty they deserve.”

“Once again, the Democrat elites have ignored the American people. When they wrote the 45Z tax credit to incentivize biofuel production, farmers and other stakeholders were left out of the conversation. For the past six months, the Supply Chains Tax team has met with real Americans whose businesses and lives are impacted by energy tax credits, and our goal is to ensure they have every resource available to produce American energy,” said Rep. Carol Miller. “I am happy to continue Ways and Means Republican efforts to work with stakeholders to better understand the real-world impacts of these tax credits.”

“Illinois 16th Congressional District is one of the largest corn and soybean producing districts in the nation, making biofuels a critical industry for our farmers,” said Rep. Darin LaHood. “We must continue to support biofuels as part of our solution to restoring America’s energy independence. I am proud to work with several of my Ways and Means Republican colleagues on this RFI so that we can continue to gather information as we consider reforms to our tax code next year. I look forward to hearing from our farmers and biofuels stakeholders on how tax policy can promote growth for this emerging industry and our rural communities.”

“Ways and Means Republicans are soliciting input from key stakeholders across various sectors of our economy on how to support our nation’s emerging biofuel and clean fuel production industry. Continuing to bolster domestic energy production and rural economic development is at the forefront of our America First agenda,” said Rep. Claudia Tenney. “We are dedicated to unleashing domestic energy dominance to lower costs for families, farmers, and businesses, and create American jobs.”

Excerpt from Clean Fuels Alliance America/Biomass Magazine: Clean Fuels Alliance America thanks Reps. Nikki Budzinski, D-Ill., and Mike Carey, R-Ohio, for writing to IRS Commissioner Danny Werfel and urging the agency “to ensure that taxpayers’ registrations under §45Z Clean Fuel Production Credit are completed before January 1, 2025.” Under the law, registered fuel producers can only claim the credit for fuels produced after the date on their registration letter from the IRS. Many producers have not received these letters.

Treasury issued guidance in May 2024 encouraging fuel producers to register by July 15 to give the IRS sufficient time to process applications and issue the registration letters by January 1, when the credit becomes available.

“These delays are creating confusion in the marketplace and stand to have a significant negative economic impact on clean fuel producers, transportation fleets, fuel marketers, farmers and other economic sectors,” the Representatives write. “We urge IRS to complete these registrations as soon as possible, and to ensure that U.S. producers who have initiated the registration process in a timely manner are found to be eligible to generate the credit beginning on January 1, 2025.”