Instructions For Form 3800 - 2013 printable pdf download

2013

Department of the Treasury

Internal Revenue Service

Instructions for Form 3800

General Business Credit

carry back an unused credit, file an

zero to recapture the unused portion of the

Section references are to the Internal Revenue

Code unless otherwise noted.

amended return (Form 1040X, Amended

credit.

U.S. Individual Income Tax Return, Form

Future Developments

See Form 4255 for any other recapture

1120X, Amended U.S. Corporation

event (change in ownership or change in

Income Tax Return, or other amended

For the latest information about

use of property, etc.).

developments related to Form 3800 and

return) for the prior tax year or an

application for tentative refund (Form

Change in Filing or Marital

its instructions, such as legislation

1045, Application for Tentative Refund, or

enacted after they were published, go to

Status

Form 1139, Corporation Application for

Your general business credit is limited to

Tentative Refund). Generally, if you file an

your tax liability. Therefore, if you filed a

General Instructions

application for a tentative refund, it must

joint return in a carryback or carryforward

be filed by the end of the tax year following

year and your marital status or filing status

the tax year in which the credit arose.

Generally, you are not required to

has changed, you may need to figure your

complete the source credit form

TIP

separate tax liability in that carryback or

Note. No part of the unused credit for any

or attach it to Form 3800 if you

carryforward year. This would apply if:

year attributable to any credit can be

are a taxpayer that is not a partnership or

You filed as single in the credit year, but

carried back to any tax year before the first

S corporation, and your only source for a

filed a joint return in the carryback or

tax year for which that credit was first

credit listed in Form 3800, Part III, is from

carryforward year;

allowable. See

Credit Ordering

Rule, later,

a partnership, S corporation, estate, trust,

to determine which credits are allowed

You filed a joint return in the credit year,

or cooperative. The following exceptions

first.

but filed a joint return with a different

apply:

spouse in the carryback or carryforward

You are claiming the investment credit

If you have an unused credit after

year; or

(Form 3468) or the biodiesel and

carrying it back 1 year, carry it forward to

You were married and filed a separate

renewable diesel fuels credit (Form 8864)

each of the 20 tax years after the year of

return in the credit year, but filed a joint

in Part III with box A or B checked.

the credit. Any qualified business credits

return with the same or a different spouse

The taxpayer is an estate or trust and

(as defined in section 196(c)) that are

in the carryback or carryforward year.

the source credit can be allocated to

unused after the last tax year of the

beneficiaries. For more details, see the

Determine your separate tax liability in

20-year carryforward period (or at the time

Instructions for Form 1041, U.S. Income

the carryback or carryforward year as

an individual taxpayer dies or other

Tax Return for Estates and Trusts,

follows.

taxpayer, such as a corporation or

Schedule K-1, box 13.

partnership, ceases to exist) may be taken

1. Figure your tax for the carryback or

The taxpayer is a cooperative and the

as a deduction in the earlier of:

carryforward year as though you were

source credit can or must be allocated to

The tax year following the last tax year

married filing a separate return.

patrons. For more details, see the

of the 20-year carryforward period, or

2. Figure your spouse's tax in that

Instructions for Form 1120-C, U.S. Income

The tax year in which the individual

year as though he or she was married

Tax Return for Cooperative Associations,

taxpayer dies or other taxpayer ceases to

filing a separate return.

Schedule J, line 5c.

exist.

3. Add the amounts in steps (1)

Carryforward of the energy credit and

and (2).

Who Must File

the renewable electricity credit. The

4. Divide the amount in step (1) by the

You must file Form 3800 to claim any of

energy credit must be recaptured in full if a

amount in step (3). The result should be

the general business credits.

grant is paid under Public Law 111-5,

rounded to at least three decimal places.

section 1603, for investment in energy

Carryback and

5. Multiply the decimal in step (4) by

property that an energy credit was

the total tax shown on your joint return for

Carryforward of

previously claimed or for investment in

the carryback or carryforward year. The

renewable energy property that an

Unused Credit

result is your separate tax liability and a

election was made to treat the property as

carryback or carryforward credit is applied

energy property. Recapture is applicable

The carryforward may have to be

against this amount only.

to those amounts previously constituting

reduced in the event of any

the qualified basis for an energy credit,

Although your carryback or

recapture event (change in

including progress expenditures, that are

CAUTION

carryforward of the credit is limited to your

ownership, change in use of property,

also the basis for the 1603 grant.

separate tax liability, the amount of your

etc.). If a section 1603 grant is received,

Recapture is accomplished as follows:

refund resulting from the carryback or

the carryforward must be reduced to zero.

carryforward is further limited to your

1. Any portion of the energy credit

For further information, see Form 4255,

share of the joint overpayment. This is

related to that property that was used to

Recapture of Investment Credit.

found by subtracting your separate tax

offset tax in a prior tax year must be added

If you cannot use part or all of your

liability (as determined above) from your

to tax in the tax year the 1603 grant is

general business credit because of the tax

contribution toward the payment.

received. Recaptured tax is calculated on

liability limit (line 38 is less than the sum of

Form 4255.

Unless you have an agreement or clear

Part I, line 6, and Part II, lines 25 and 36),

2. Any carryforward of the energy

evidence of each spouse's contribution

carry the unused credit back one year. To

credit related to that property is reduced to

toward the payment of the joint liability,

Nov 19, 2013

Cat. No. 10622Q

Instructions For Form 3800 - 2013

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