Instructions For Form 6765 - Credit For Increasing Research Activities - 2008 Page 2

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Form 6765 (2008)
Page
1. You are electing the alternative
100% of amounts you paid (or
for the 5th and 6th such tax years by
incremental credit,
incurred) for qualified energy research
the aggregate gross receipts for those
performed by: an eligible small
tax years, then divide the result by 3.
2. You are electing the alternative
business, a university, or a federal
simplified credit, or
For the 8th tax year beginning after
laboratory (see section 41(b)(3)(D) for
1993 for which you have qualified
3. You previously elected the
definitions of those entities). Also
research expenses, divide the
alternative incremental credit or the
include payments to those same
aggregate qualified research expenses
alternative simplified credit and are not
entities to the extent they are included
for the 5th, 6th, and 7th such tax
revoking the election on this return.
as basic research payments in line 2,
years by the aggregate gross receipts
Line 1
not to exceed the base period amount
for those tax years, then divide the
in line 3.
Enter the amounts you paid or
result by 2.
incurred to energy research consortia
75% of amounts you paid (or
For the 9th tax year beginning after
for energy research. Energy research
incurred) for qualified research by a
1993 for which you have qualified
does not include any research that is
qualified research consortium (as
research expenses, divide the
not qualified research. In general, an
defined by section 41(b)(3)(C)(ii)). Also
aggregate qualified research expenses
energy research consortium is any
include 75% of the payments to a
for the 5th, 6th, 7th, and 8th such tax
organization described in section
qualified research consortium to the
years by the aggregate gross receipts
501(c)(3), exempt from tax under
extent they are included as basic
for those tax years, then divide the
section 501(a), organized and
research payments in line 2, not to
result by 1.5.
operated primarily to conduct energy
exceed the base period amount in
For the 10th tax year beginning after
research, and not a private foundation.
line 3.
1993 for which you have qualified
See section 41(f)(6) for further details.
65% of amounts you paid (or
research expenses, divide the
Any amount included on line 1
incurred) for all other qualified
aggregate qualified research expenses
cannot be included elsewhere on the
research by any other person. Also
for the 5th through 9th such tax years
return.
include 65% of the payments to that
by the aggregate gross receipts for
person to the extent they are included
those tax years, then divide the result
Line 2
as basic research payments in line 2,
by 1.2.
not to exceed the base period amount
Enter the amounts the corporation (not
For the 11th and later tax years
in line 3.
to include S corporations, personal
beginning after 1993 for which you
holding companies, and service
Note. Prepaid contract research
have qualified research expenses,
organizations) paid in cash, under a
expenses are considered paid in the
divide the aggregate qualified research
written contract, for basic research to
year the research is actually done.
expenses for any 5 of the 5th through
a qualified university, scientific
10th such tax years by the aggregate
Line 10
research organization, or grant
gross receipts for those tax years.
organization. See section 41(e) for
The fixed-base percentage depends
The fixed-base percentage for an
details, including the definitions of
on whether you are an existing
existing company (any company that
qualified organizations.
company or a start-up company.
is not a start-up company) is figured
Line 3
A start-up company is a taxpayer
by dividing the aggregate qualified
that had both gross receipts and
research expenses for the tax years
Enter the qualified organization base
qualified research expenses either:
beginning after 1983 and before 1989
period amount based on minimum
For the first time in a tax year
by the aggregate gross receipts for
basic research amounts plus
those tax years.
beginning after 1983, or
maintenance-of-effort amounts for the
three preceding tax years. See section
For fewer than 3 tax years beginning
The fixed-base percentage for all
41(e) for details.
companies (existing and start-up) must
after 1983 and before 1989.
be rounded to the nearest 1/100th of
The fixed-base percentage for a
Line 7
1% (that is, four decimal places) and
start-up company is figured as follows.
cannot exceed 16%. In addition, when
Enter the amount you paid or incurred
For the first 5 tax years beginning
figuring your fixed-base percentage,
for the rental or lease of computers
after 1993 for which you have qualified
you must reflect expenses for qualified
used in qualified research. The
research expenses, the percentage is
research conducted in Puerto Rico or a
computer must be located off your
3%.
U.S. possession for all prior tax years
premises and you must not be the
included in the computation.
operator or primary user of the
For the 6th tax year beginning after
1993 for which you have qualified
computer. Reduce this amount by the
If short tax years are involved, see
amount that you (or any member of a
research expenses, divide the
Regulations section 1.41-3(b).
aggregate qualified research expenses
controlled group of corporations or
Reduce gross receipts by
businesses under common control)
for the 4th and 5th such tax years by
returns and allowances. For
the aggregate gross receipts for those
received or accrued for the right to
a foreign corporation,
use substantially identical property.
tax years, then divide the result by 6.
CAUTION
include only gross receipts
For the 7th tax year beginning after
Line 8
that are effectively connected with a
1993 for which you have qualified
trade or business in the United States
Enter the amounts you paid or
research expenses, divide the
(or in Puerto Rico or a U.S.
incurred, subject to the following
aggregate qualified research expenses
possession, if applicable).
limitations.

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