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  #1  
Old 01-09-2011, 08:46 AM
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The Law and Biofuels in your State or Country....

Its all very well making a vehicle run on an alternative fuel, BioDiesel/Veggy Oil, W.H.Y. there's nothing new in it...
--The tecnicalities of biofuels have been discussed ad-nausium everywhere on the web....

But how many--maybe unknowingly-- are doing so outside the Law of their home State or Country..?

For thye record, in the UK, we are allowed to use up to 2,500 litres of Bio Derived Fuel per year before accounting for Duty payments and returning to the HMRC.

IF you are in the UK, if you use 2,501 Litres,--by rights and to the letter of the Law, you must pay the Duty on the whole 2501 litres.....

So, Ive started this thread in a hope that those who know will add their laws/rules/regs for their State and or Country....
(Maybe a Mod could make this a sticky, if they think its important enough...)

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Last edited by Alastair; 01-09-2011 at 08:49 AM. Reason: addition/correction
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  #2  
Old 01-09-2011, 12:56 PM
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The laws here in the state of virginia, USA have recently changed in regard to handling Waste Vegetable Oil with out a rendering license. Limitation have been set limiting the total amount by volume allowed to be transported. I can check with a few people I know actively using WVO to see what other regs there are to help this thread.
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  #3  
Old 01-09-2011, 06:59 PM
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Canada:

It also doesn’t look like Canadian governments are interested in taxing vegetable oil users any time soon.

“It doesn’t fall under the Excise Tax Act so it wouldn’t be taxable,” said Joanne Gorsalitz, a spokeswoman for Canada Revenue Agency.

“We’re not going to tax it because in the vegetable oil state it’s still considered a food product.”

Bart Johnson, a spokesman for Alberta Finance, also said there are no plans to tax used vegetable oil — “at this point.”
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  #4  
Old 01-09-2011, 07:04 PM
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Washington State, USA--from Benzworld

WVO and Biodiesel Exempted in WA State
House Bill 3188 has now exempted from Road Use Tax in Washington State.
This applies to WVO used for personal use and for biodiesel made from WVO for personal use only NOT for commercial use. The law goes into effect on July 8, 2008. The Governor signed the bill today with my wife, Representative Dan Roach (R) and my self present. Pics to follow.
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Last edited by Rooster300SD; 01-09-2011 at 07:05 PM. Reason: typo
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  #6  
Old 01-10-2011, 06:48 AM
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Just in case you cant you cant be bothered with links.

Now who in CA is using Bio/SVO?WVO ?

Are you registered & paying your taxes?

It looks like you can be in as much trouble as having red diesel in your tank.

Motor Fuel - Biodiesel-Biofuel Frequently Asked Questions

Taxation of biodiesel is governed by the California State Diesel Fuel Tax Law and administered by the Fuel Industry Section (FIS) of the Board of Equalization (BOE). This page is meant to provide answers to some of your frequently asked questions about biodiesel and biofuel, including straight vegetable oil (svo), waste vegetable oil (wvo), and the California diesel fuel tax.
What is biodiesel?

Biodiesel is a fuel made fully or partially from vegetable oils or animal fats. It is typically produced by combining a vegetable oil or animal fat with an alcohol, such as methanol or ethanol, in the presence of a chemical catalyst to produce mono-alkyl esters and glycerin. Pure biodiesel must meet ASTM specification ASTM D6751.
Is biodiesel a taxable diesel fuel?

Yes
. Under Revenue and Taxation Code section 60022, "Diesel fuel" means any liquid that is commonly or commercially known or sold as a fuel suitable for use in a diesel-powered highway vehicle. Biodiesel is included in this definition.
Is straight vegetable oil (svo) or waste vegetable oil (wvo) a taxable fuel?

Yes
. Raw vegetable oil, whether it is svo (virgin oil, fresh, uncooked) or wvo (used cooking oil, "grease," fryer oil, including tallow fats), that is sold or used in powering a motor vehicle in California is subject to the California diesel fuel tax in the same manner as is petroleum-based diesel fuel.
How is the diesel tax used?

California fuel taxes pay for the construction and maintenance of state and local roads and highways. The taxes apply to all fuel used on roads and highways, whether the fuel is sold, given away, or made for your own use
What is the rate of the California state diesel fuel tax?

The state diesel fuel tax rate is $0.18 per gallon.
Is the tax the same rate for biodiesel?

Yes, in California biodiesel is considered diesel fuel and is taxed at the diesel fuel rate of $0.18 per gallon.
Who must register and pay fuel tax on biodiesel?

In general, you must register with us if you do any of the following in California:

* Manufacture or produce biodiesel.
* Blend biodiesel with petroleum diesel.
* Sell or import biodiesel from another state or country that has not been previously taxed as diesel fuel in California.
* Use biodiesel that has not been previously taxed as diesel fuel to power a vehicle driven on the roads or highways.
* Use, sell, or import svo or wvo for use in a diesel-powered highway vehicle that has not been previously taxed as diesel fuel.
* Process or filter svo or wvo for use in a diesel-powered highway vehicle.

How do I register?

Complete form BOE-400-FCO, Supplier and/or Ultimate Vendor License Application, and mail it to the BOE. The license application is available on our website by typing BOE-400-FCO in the search box, or you may call the Fuel Industry Section at 916-322-9669 and request an application be mailed to you.
If I just put SVO or WVO in my own fuel tank for my own use, do I need to register?

Yes
, because the SVO and WCO are subject to the diesel fuel tax when ever they are used as fuel to power a diesel-powered vehicle on California highways. When you register with the BOE, you will be issued a diesel supplier account number which will allow you to pay the diesel fuel tax on the gallons of fuel you use during the year to power a vehicle driven on the roads and highways in California.
What happens after I mail in the application?

You will receive an acknowledgement letter and a Supplier of Diesel Fuel License. This license will have your supplier of diesel fuel account number on it.
Is there a fee for this license?

There is no fee for the license. However, if you are a commercial enterprise or import biodiesel from outside of California, it is possible that you may be required to post a security deposit.
How much is a security deposit?

A security deposit is calculated on your projected taxable gallons of diesel fuel per month, multiplied by the diesel fuel tax rate. This deposit is used to protect the State’s interest until you have an established business record with the BOE. It is refundable after three years of filing and paying timely returns.
How do I know if I will be required to post a security deposit?

If you are required to post a security deposit, you will receive a letter from the BOE informing you of the amount of security you are required to post. You will not receive your diesel fuel supplier license until the security is posted, and you are not allowed to engage in business until then.
Will I have to file a diesel fuel tax return?

Yes, after we issue you a supplier license, you will be sent a diesel fuel tax return indicating that you are registered to report on either a monthly, quarterly, or yearly basis. The Supplier of Diesel Fuel tax return is due on the last day of the month, following the close of your reporting period. For example, the return for year 2008 is due on January 31, 2009. You must file your return even if you have nothing to report for the period.
When is the tax imposed on the transaction(s)?

The tax is imposed when the "fuel" is imported into California, removed from a California refinery, biodiesel production facility, or terminal rack, or blended with tax-paid diesel. If you are producing your own biodiesel or using svo or wvo, the tax is imposed when you put the fuel into the tank of your vehicle or sell it to another person. You must report this fuel on your Supplier of Diesel Fuel tax return for the period during which the transaction(s) took place.
If I just put SVO and/or WVO directly into my vehicle, do I have to file a state diesel fuel tax return?

Yes
, svo and wvo are considered diesel fuel when used to power a diesel-powered highway vehicle. You will be placed on a yearly reporting basis and be required to report the number of gallons of svo or wvo you used in your diesel-powered highway vehicle during the reporting period.
What if I sell the SVO, WVO or the biodiesel I produce, to another person?

You may be required to register for a California Seller’s Permit and collect and remit the sales tax to the BOE. This is in addition to the California state diesel fuel tax of $0.18 per gallon.

For more information please see Publication 96, Biodiesel and California Tax. Publication 96 addresses common questions regarding the application of diesel fuel tax as well as the sales and use tax on biodiesel and biofuel, including straight vegetable oil (svo), and waste vegetable oil (wvo) transactions in California. Additional information on biodiesel may be found in the archive of Fuel Taxes Newsletters, or you may call the Fuel Industry Section at 916-322-9669.
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Last edited by layback40; 01-10-2011 at 07:49 AM.
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  #7  
Old 01-10-2011, 12:12 PM
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There's a form to fill out & pay federal fuel tax, I think a general excise tax form. I called NYS DTF and they didn't offer me a way to chip in, just told me I couldn't get an alternative fuels credit for WVO.
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Old 01-10-2011, 03:33 PM
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I think the taxes of home brew biodiesel and WVO, is a great subject. I personally find it a bit unfair to tax me on my WVO when I get less mpg for the fuel I pay for than does a Hyrbid owner. I average 40mpg on the diesel that I pay for in my VO powered 240D, used to be 75mpg when my wife was commuting. For every one gallon of diesel I use I suppliment my engine energy needs with another on board energy source. Which yeilds me 40mpg for the fuel that I pay for. And it's illeagal because I don't pay road tax on my VO. Mr Hybrid drives his car with which uses two energy sources and yeilds 50-60mpg, and he's legal. How is that fair. What about these all electric cars that are starting to come out. They aren't going to pay any road tax. Is that legal? I really think they need to change road taxes to being charged by the mile. But no one is going to want the government watching how many miles they drive.
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  #9  
Old 01-10-2011, 08:06 PM
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Quote:
Originally Posted by Biodiesel300TD View Post
I think the taxes of home brew biodiesel and WVO, is a great subject. I personally find it a bit unfair to tax me on my WVO when I get less mpg for the fuel I pay for than does a Hyrbid owner. I average 40mpg on the diesel that I pay for in my VO powered 240D, used to be 75mpg when my wife was commuting. For every one gallon of diesel I use I suppliment my engine energy needs with another on board energy source. Which yeilds me 40mpg for the fuel that I pay for. And it's illeagal because I don't pay road tax on my VO. Mr Hybrid drives his car with which uses two energy sources and yeilds 50-60mpg, and he's legal. How is that fair. What about these all electric cars that are starting to come out. They aren't going to pay any road tax. Is that legal? I really think they need to change road taxes to being charged by the mile. But no one is going to want the government watching how many miles they drive.

I Absolutely and completely agree! Its amazing how many different rules/regs seem to apply in the USA related to State Law. How on earth is anyone supposed to cope!

Its lunacy here too. A vehicles tax is determined by its CO2 output per 100 Km...

Below 120 grams/100Km its free tax...

--Unless the vehicle is a light or heavy Quadricycle like an Aixam or Microcar.
(I have an Aixam too,--but dont boast about it)

The Aixam 500.5SL with its Kubota twin-pot Diesel produces 86 grams CO2/100km and does near 100 MPG.
It gets charged the same tax as my M.B!--Which produced gawd-knows how much CO2!

They also do not take into consideration tye use of BioDiesel in this financial Tax equasion, but they do qualify LPG....

I'm glad that you guys found this post useful....
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Alastair AKA H.C.II South Wales, U.K. based member

W123, 1985 300TD Wagon, 256K,
-Most recent M.B. purchase, Cost-a-plenty, Gulps BioDiesel extravagantly, and I love it like an old dog.

W114, 1975 280E Custard Yellow,
-Great above decks needs chassis welding--Really will do it this year....
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  #10  
Old 01-10-2011, 09:07 PM
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Quote:
Originally Posted by Biodiesel300TD View Post
I think the taxes of home brew biodiesel and WVO, is a great subject. I personally find it a bit unfair to tax me on my WVO when I get less mpg for the fuel I pay for than does a Hyrbid owner. I average 40mpg on the diesel that I pay for in my VO powered 240D, used to be 75mpg when my wife was commuting. For every one gallon of diesel I use I suppliment my engine energy needs with another on board energy source. Which yeilds me 40mpg for the fuel that I pay for. And it's illeagal because I don't pay road tax on my VO. Mr Hybrid drives his car with which uses two energy sources and yeilds 50-60mpg, and he's legal. How is that fair. What about these all electric cars that are starting to come out. They aren't going to pay any road tax. Is that legal? I really think they need to change road taxes to being charged by the mile. But no one is going to want the government watching how many miles they drive.
Not really correct. In a hybrid the gas is the sole source of the energy. The battery sometimes stores some excess gasoline-derived energy, but it came from the gasoline to start with. Hybrid mileage goes up through regenerative braking, coasting downhill, etc, that recaptures the kinetic energy instead of dissipating it into the brakes as heat. Now a plug-in hybrid (like some Prius owners have done) would be a different story.

There is already talk in some states like Texas of going to a "road-use tax" based on miles driven due to increasing fuel economy causing drops in revenue. Implementation is probably a sticking point. Maybe with RFID stickers and sensors in roads, maybe through inspections and odometer readings.

For the OP: biodiesel, or the portion of biodiesel in a blend, is not subject to state tax in Texas.

For IRS info on fuel taxes, see here: http://www.irs.gov/publications/p510/ch02.html#en_US_publink1000118042

Plenty o' credits and rules in there...
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  #11  
Old 01-10-2011, 09:37 PM
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Up to 49% it is a fuel addative

More than that it is a fuel here in BC. Makes sense, how many people pay road tax on Stanadyne or other fuel additives, you are still burning them in your vehicle regardless of quantity or purpose. Cheers Dan
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Old 01-11-2011, 01:27 AM
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Quote:
Originally Posted by Yak View Post
Not really correct. In a hybrid the gas is the sole source of the energy. The battery sometimes stores some excess gasoline-derived energy, but it came from the gasoline to start with. Hybrid mileage goes up through regenerative braking, coasting downhill, etc, that recaptures the kinetic energy instead of dissipating it into the brakes as heat. Now a plug-in hybrid (like some Prius owners have done) would be a different story.
I agree sort of. It's still an onboard energy source that fuels the vehicle while not using the primary source of fuel, directly. In a hybrid it's a regenerative fuel source for sure, but it's still supplementing the milage of the vehicle. If you took the batteries out of a hybrid you'd loose your ability to drive the car electrically. So it's a tank of sorts, that stores a small amount of fuel that powers the car. It just happens to be refilled by the car, whereas my tank has to be filled by me.
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Old 01-16-2011, 02:56 PM
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So if states implement road tax based on mileage, who's to say those miles were driven on that state's roads?

Also, with hybrid energy sources for cars... we're going to have to change the definition of power, "mileage", miles per gallon, and emissions based on CO2 just doesn't cut it.

Is it a fuel tax, or a road tax, or an emissions tax, or a .. ?? tax. When will people just get fed up with the number of possible taxes and having to sort it out anyway?

Really, if a Joe Schmoe is caught running funky fuel X in his diesel tank, or from a second tank in his car, and he didn't get the proper Y form from the government in advance and dutifully note quantity burned (because he doesn't measure it anyway)... How will this play out? "Everybody" knows you don't run tinted farm fuel on the highway for a non-commercial vehicle not related to farming. But beyond that... who really knows?

What would a judge deem reasonable for this man standing before him, pleading "not guilty"?

How can the average man be judged "informed"?

Pure electric vehicles will crack open a new chapter for this unwritten book. Plugging in for "fuel" versus plugging in your hair dryer... is your electricity going to be taxed differently? Not only is the government not taxing electric power for cars, they are subsidizing you buying an electric vehicle! Giving you some of your own taxpayer money back to go buy the car. How long will it take before they tax me annually for a road tax for electric vehicles, to neutralize that gift?
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Old 01-16-2011, 04:46 PM
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Quote:
Originally Posted by scottmcphee View Post
So if states implement road tax based on mileage, who's to say those miles were driven on that state's roads?

Also, with hybrid energy sources for cars... we're going to have to change the definition of power, "mileage", miles per gallon, and emissions based on CO2 just doesn't cut it.

Is it a fuel tax, or a road tax, or an emissions tax, or a .. ?? tax. When will people just get fed up with the number of possible taxes and having to sort it out anyway?

Really, if a Joe Schmoe is caught running funky fuel X in his diesel tank, or from a second tank in his car, and he didn't get the proper Y form from the government in advance and dutifully note quantity burned (because he doesn't measure it anyway)... How will this play out? "Everybody" knows you don't run tinted farm fuel on the highway for a non-commercial vehicle not related to farming. But beyond that... who really knows?

What would a judge deem reasonable for this man standing before him, pleading "not guilty"?

How can the average man be judged "informed"?

Pure electric vehicles will crack open a new chapter for this unwritten book. Plugging in for "fuel" versus plugging in your hair dryer... is your electricity going to be taxed differently? Not only is the government not taxing electric power for cars, they are subsidizing you buying an electric vehicle! Giving you some of your own taxpayer money back to go buy the car. How long will it take before they tax me annually for a road tax for electric vehicles, to neutralize that gift?

Its quite simple actually. If you are using WVO or Bio, you are a fuel supplier like every other fuel station & its tax evasion not to pay. The fed tax is an IRS issue. You dont know the ins & outs of everything in tax law but if you get caught not paying there are big penalties. The judge will see you as a tax cheat & nothing else. Its not a case of playing dumb.
The book has been written, ask the IRS & your state revenue people for a copy!!!
If you are not paying the required fuel tax, you are a fraudster & a thief !!
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1967 230-6 auto parts car. rust bucket.
1980 300D now parts car 800k miles
1984 300D 500k miles
1987 250td 160k miles English import
2001 jeep turbo diesel 130k miles
1998 jeep tdi ~ followed me home. Needs a turbo.
1968 Ford F750 truck. 6-354 diesel conversion.
Other toys ~J.D.,Cat & GM ~ mainly earth moving
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  #15  
Old 01-16-2011, 04:49 PM
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Quote:
Originally Posted by bigblockchev View Post
More than that it is a fuel here in BC. Makes sense, how many people pay road tax on Stanadyne or other fuel additives, you are still burning them in your vehicle regardless of quantity or purpose. Cheers Dan
hey Dan,
Can you please provide a link or a copy of the relevant codes that support your claim that 49% is ok.

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Grumpy Old Diesel Owners Club group

I no longer question authority, I annoy authority. More effect, less effort....

1967 230-6 auto parts car. rust bucket.
1980 300D now parts car 800k miles
1984 300D 500k miles
1987 250td 160k miles English import
2001 jeep turbo diesel 130k miles
1998 jeep tdi ~ followed me home. Needs a turbo.
1968 Ford F750 truck. 6-354 diesel conversion.
Other toys ~J.D.,Cat & GM ~ mainly earth moving
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