in

selling biodiesel in the U.S.

Last post 05-26-2008 9:19 PM by daciid. 2 replies.
Page 1 of 1 (3 items)
Sort Posts: Previous Next
  • 04-15-2008 8:58 PM

    selling biodiesel in the U.S.

    I am in the middle of purchasing a reactor, mainly for our own personal use. I have a few friends and neighbors that want to buy it from me once I started talking about it. My question is what are the laws on sales of biodiesel, do you need permits or some kind of licenses? Or where can I go to find out, I live in Texas.

  • 04-16-2008 6:25 PM In reply to

    • Wesley
    • Top 10 Contributor
    • Joined on 02-23-2008
    • Posts 7

    Re: selling biodiesel in the U.S.

    This is a great question and one that is not easily answered without getting a lawyer and a CPA to actually dig through all the beaurocratic garbage that limits growth and creativity for the biodiesel community. However, as a private homebrew hobbiest it becomes very difficult for the government to control and regulate your activities. For example: how do you determine that bioodiesel in the fuel tank of a truck that has had the taxes paid or not, or if it is homebrew or purchased from a legitament fueling station (unless it is died for off road use)? If you are only providing your fuel to private parties who you know and trust on a personal basis and not to the general public, I wouldn't worry to much about all the obstacles involved. If you want to start selling to the general public then the rules change dramatically and all the legal avenues should be taken care of. 

    I would recomend starting a co-op because you can limit some of the legal hassles starting off. As you grow and expand and bring in more revenue you can think about opening to the public. A great Co-Op to simulate would be the Piedmont Biofuels. This article could also be of interest " how to start a Co-Op."

    You would think that the government would make it as easy to pay them as going online and typing in a few numbers and some basic info and then pay with a credit card the taxes owed on the fuel so you can print out a receipt to show you are legal. But, instead they get the EPA, DOT, IRS, and who knows who else involved and make it a hassle. To pay your taxes on the biodiesel you are consuming I think the form is IRS form 637, and I couldn't even begin to give any legal/tax advice on how to fill it out. Maybe we could get someone else who has more understanding with law and taxes to provide direction to this post. Another link to their site for info would be http://www.irs.gov/publications/p510/index.html:

    Telephone Assistance for Individuals:
    Toll-Free, 1-800-829-1040

    Telephone Assistance for Businesses:
    Toll-Free, 1-800-829-4933

    To find out about any permits or safety issues with the amount of chemicals you will be storing, you could give a quick call to your local fire chief and ask him about any zoning and permit limitations you may have. I live in city limits so my limitations for supplies for personal use at home are around 55 gallons, not to mention, my neighbors would get pretty upset if I had a 6000 gallon tanker truck delivering and picking up supplies. If you live out of city limits you may have little to no limitations.

  • 05-26-2008 9:19 PM In reply to

    • daciid
    • Top 10 Contributor
    • Joined on 05-27-2008
    • Dallas, TX
    • Posts 3

    Re: selling biodiesel in the U.S.

    Howdy,

    I live in North Dallas, TX. From what I know Biodiesel sold in Texas is not taxed by the state. I'm probably sure it will still be taxed federally. Have you found any information on becoming legal? I curious about the same thing... maybe we can both write to our congressman or something.

    Heres what I found on the subject:
    http://www.eere.energy.gov/afdc/progs/ind_state_laws.php/TX/BIOD
    http://www.biodieselnow.com/forums/t/20734.aspx

Page 1 of 1 (3 items)