Instructions For Form 4136 - 2005

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Form 4136 (2005)
Page
Instructions for Form 4136
Income, Deductions, Credits, etc., showing the allocation to
each partner specifying the number of gallons of each fuel
Section references are to the Internal Revenue Code.
used during the tax year, the applicable credit per gallon, the
nontaxable use or sale, and any additional information
What’s New
required to be submitted.
● The reduced rates of excise tax for most alcohol-blended
Additional Information
fuels have been eliminated and the lines for any credits have
● Publication 378, Fuel Tax Credits and Refunds, has more
been removed.
● The following new credits have been added:
information on nontaxable uses and the definitions of terms
such as ultimate vendor and blocked pump.
a. Sales by registered ultimate vendors of aviation-grade
● Publication 225, Farmer’s Tax Guide, also includes
kerosene (line 8) before October 1, 2005;
information on credits for the federal excise tax on fuels.
b. Sales by registered ultimate vendors of gasoline (line 9)
● Notice 2005-4. You can find Notice 2005-4 on page 289 of
and aviation gasoline (line 10) sold to state and local
governments and nonprofit educational organizations;
Internal Revenue Bulletin 2005-2 at
c. Sales by registered ultimate vendors of undyed diesel
● Notice 2005-24. You can find Notice 2005-24 on page 757
fuel (line 3d) or undyed kerosene (line 4b) sold for use by
intercity and local buses, if the ultimate purchaser waives its
of Internal Revenue Bulletin 2005-12 at
right to the claim;
● Notice 2005-62. You can find Notice 2005-62 on page 443
d. Alcohol fuel mixtures (line 12) and biodiesel mixtures
(line 13); and
of Internal Revenue Bulletin 2005-35 at
e. Kerosene for use in aviation after September 30, 2005 (line
● Notice 2005-80. You can find Notice 2005-80 in Internal
14).
Revenue Bulletin 2005-46 at
● Fuel used in mobile machinery in an off-highway business
use is limited to an annual claim on Form 4136 for taxable
Recordkeeping
years beginning after October 22, 2004.
● Effective after September 30, 2005, the ultimate vendor can
You must keep records to support any credits claimed on
no longer make claims for undyed diesel fuel (line 6a) and
this return for at least 3 years from the date the return is due
undyed kerosene (line 7a) used on a farm for farming
or filed, whichever is later.
purposes. Claims can be made only by the ultimate purchaser
Including the Fuel Tax Credit in Income
(the farmer), using lines 3e and 4c. However, claims for
kerosene used in aviation on a farm for farming purposes must
You must include in your gross income the amount of the
be claimed by the ultimate vendor on line 14b.
credit from line 15 if you took a deduction on your tax return
● Effective after September 30, 2005, claims cannot be
that included the amount of the taxes and that deduction
reduced your income tax liability. See Pub. 378 for more
made for the LUST tax, except for fuel destined for export.
information.
The affected credit rates have been reduced by $.001 to
reflect this change. Two rates are shown on various lines of
Specific Instructions
Form 4136, the * rate is effective after September 30, 2005.
● Aviation-grade kerosene is eliminated as a type of fuel
Complete all information requested for each claim you make.
effective after September 30, 2005. Lines 5 and 8 are not
You must enter the number (when requested) from the Type
applicable after this date. All ultimate purchaser claims for
of Use Table, the number of gallons, and the amount of
kerosene used in domestic commercial aviation and all
credit. If you need more space for any line (for example, for
registered ultimate vendor claims for kerosene used in
more types of use), prepare a separate sheet using the same
noncommercial aviation and foreign trade after September
format as the line.
30, 2005, will be made on line 14. Type of use 11 is not valid
Attach separate sheets showing any additional information
after September 30, 2005.
required for your claim such as the computation of the
● Type of use 13 has been added to the type of use table,
amount to be credited. Be sure to write your name and
taxpayer identification number (TIN) on each sheet.
exclusive use by a nonprofit educational organization.
Amount of credit. For lines 1 through 14, multiply the rate
● Type of use 14 has been added to the type of use table,
by the number of gallons. For lines 12 and 13, enter the
exclusive use by a state, a political subdivision of a state, or
number of gallons of alcohol or biodiesel. Enter the result (or
the District of Columbia.
the combined result as indicated by the brackets) in the
amount of credit column. Include amounts from any separate
Purpose of Form
sheets.
Use Form 4136 to claim a credit for certain nontaxable uses
Annual Claims
(or sales) of fuel during the income tax year. Also use Form
If a claim was not made for any gallons during the income
4136 if you are a producer claiming a credit for alcohol fuel
tax year on Form 8849 or Form 720, an annual claim may be
mixtures or biodiesel mixtures. However, you may use Form
made. Generally, an annual claim is made on Form 4136 for
8849, Claim for Refund of Excise Taxes, to claim a periodic
the income tax year during which the fuel was used by the
refund instead of waiting to claim an annual credit on Form
ultimate purchaser, sold by the registered ultimate vendor,
4136.
used to produce an alcohol fuel mixture or biodiesel mixture,
Caution: You cannot claim any amounts on Form 4136 that
or used in mobile machinery.
you claimed on Form 8849 or Schedule C (Form 720).
Partnerships. Partnerships (other than electing large
partnerships) cannot file this form. Instead, they must include
a statement on Schedule K-1 (Form 1065), Partner’s Share of

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