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2006

Department of the Treasury

Internal Revenue Service

Instructions for Form 3800

General Business Credit

•

Section references are to the Internal

return (Form 1040X, 1120X, or other

You were married and filed a

amended return) for the prior tax year

Revenue Code unless otherwise noted.

separate return in the credit year, but

or an application for tentative refund

filed a joint return with the same or a

(Form 1045, Application for Tentative

different spouse in the carryback or

What’s New

Refund, or Form 1139, Corporation

carryforward year.

Application for Tentative Refund).

•

If your only source of credits listed on

Determine your separate tax liability

Generally, if you file an application for a

Form 3800 is from pass-through

in the carryback or carryforward year as

tentative refund, it must be filed by the

entities, you may not be required to

follows.

end of the tax year following the tax

complete the source credit form.

year in which the credit arose.

1. Figure your tax for the carryback

Instead, you may be able to report the

or carryforward year as though you

Note. No part of the unused credit for

credit directly on Form 3800. For more

were married filing a separate return.

any year attributable to any credit shall

details, see Part I — Current Year Credit

be carried back to any tax year before

2. Figure your spouse’s tax in that

on page 2.

the first tax year for which that credit

year as though he or she was married

•

Line 1f, relating to the Enhanced Oil

was first allowable. See the Credit

filing a separate return.

Recovery Credit (Form 8830), is to be

Ordering Rule to determine which

3. Add the amounts in steps 1 and

completed only by those taxpayers who

credits are allowed first.

are not partnerships or S corporations,

If you have an unused credit after

4. Divide the amount in step 1 by

and whose only source of this credit is

carrying it back, carry it forward to each

the amount in step 3. The result should

from those pass-through entities.

•

of the 20 tax years after the year of the

be rounded to at least three decimal

We added new line 1u to

credit. Any qualified business credits

places.

accommodate the energy efficient

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

appliance credit (new section 45M).

5. Multiply the decimal in step 4 by

•

unused after the last tax year of the

We added new line 1y to

the total tax shown on your joint return

20-year carryforward period (or at the

accommodate the mine rescue team

for the carryback or carryforward year.

time an individual taxpayer dies or other

training credit (new section 45N).

The result is your separate tax liability

•

taxpayer, such as a corporation or

We deleted Schedule A — Additional

and a carryback or carryforward credit

partnership, ceases to exist) may be

General Business Credit Allowed by

is applied against this amount only.

taken as a deduction in the earlier of:

Code Section 38(c)(2) because this

•

The tax year following the last tax

provision has expired.

Although your carryback or

year of the 20-year carryforward period

carryforward of the credit is limited to

General Instructions

•

your separate tax liability, the amount

The tax year in which the individual

of your refund resulting from the

taxpayer dies or other taxpayer ceases

carryback or carryforward is further

Who Must File

to exist.

limited to your share of the joint

For purposes of this special

You must file Form 3800 to claim any of

overpayment. This is found by

deduction, you can take into account

the general business credits (GBC)

subtracting your separate tax liability

only half of the investment credit (other

listed on lines 1a through 1aa. Three of

(as determined above) from your

than the rehabilitation credit or a credit

the general business credits have

contribution toward the payment.

to which section 48(q)(3) applies as in

special tax liability limits and are not

effect prior to repeal by the Revenue

reported on Form 3800. These are:

Unless you have an agreement or

Reconciliation Act of 1990).

•

clear evidence of each spouse’s

The empowerment zone and renewal

contribution toward the payment of the

Change in Filing or Marital

community employment credit from

joint liability, your contribution includes

Form 8844;

Status

•

the tax withheld on your wages and

The alcohol fuel credit from Form

Your general business credit is limited

your share of the joint estimated tax or

6478; and

•

to your tax liability. Therefore, if you

tax paid with the return. Your share of

The renewable electricity, refined

filed a joint return in a carryback or

these payments is found by using the

coal, and Indian coal production credit

carryforward year and your marital

same formula used in determining your

from Section B of Form 8835.

status or filing status has changed, you

separate tax liability. Substitute the joint

may need to figure your separate tax

estimated tax, or tax paid with the

Carryback and

liability in that carryback or carryforward

return, for the tax in step 5. If the

Carryforward of Unused

year. This would apply if:

original return for the carryback year

•

You filed as single in the credit year,

resulted in an overpayment, reduce

Credit

but filed a joint return in the carryback

your contribution by your share of the

If you cannot use part or all of the credit

or carryforward year;

refund.

•

because of the tax liability limit (line 19

You filed a joint return in the credit

Attach a copy of the computation to

is less than line 8), carry the unused

year, but filed a joint return with a

your amended return or application for

credit back one tax year. To carry back

different spouse in the carryback or

tentative refund.

an unused credit, file an amended

carryforward year; or

Cat. No. 10622Q

Instructions For Form 3800 - General Business Credit - Internal Revenue Service - 2006

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