Instructions For Form Ftb 3580 - 1999

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Instructions for Form FTB 3580
Application to Amortize Certified Pollution Control Facility
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 1998, and to the California Revenue and Taxation Code (R&TC).
General Information
treatment facility) subject to an allowance for depreciation
as provided in IRC Section 167. It must be identifiable as a
treatment facility, and must meet one of the following two
A Purpose
conditions:
Use form FTB 3580 to request certification of a pollution
1. You must have completed construction, reconstruction,
control facility placed in service in California, and to elect
or erection of the property after December 31, 1968.
to amortize the basis over a period of 60 months. This
However, if the treatment facility is used in connection
election is in accordance with the provisions of IRC Section
with any plant or other property not in operation before
169 and R&TC Sections 17250(e) and 24372.3. The
January 1, 1969, you must have completed the
amortizable basis for this purpose may be limited. See
construction, reconstruction, or erection of the
definition of amortizable basis below.
treatment facility property after December 31, 1975; or
2. You must have acquired the property after December 31,
The amortization deduction, if elected, is in lieu of
1968, if the original use of the property begins with you.
depreciation otherwise allowable with respect to the
certified pollution control facility.
Original use means the first use to which the property is
put, regardless of whether the use corresponds to your use
B Definitions
of the property.
Amortizable basis is that portion of the adjusted basis (for
C Amortization Period
determining gain) of a certified pollution control facility
that may be amortized. Adjusted basis includes the cost of
At your election, the 60-month amortization period begins
purchase and installation or, if the facility is fabricated by
with the month following the month, or with the year
you, the cost of labor and materials.
following the year, in which you completed or acquired the
facility.
If the facility has a useful life of more than 15 years, you
must reduce the adjusted basis of the facility to an amount
D Election and Certification
that is in the same ratio as 15 years is to the facility’s total
years of useful life.
Make the election to amortize the amortizable basis of a
For example: If the adjusted basis of the facility is
certified pollution control facility by completing Part I and
$500,000 and its useful life is 20 years, then compute
Part II of form FTB 3580. Then apply for certification as
the amortizable basis as follows:
follows:
$500,000 x 15 = $375,000
Air pollution. If this election applies to air pollution, you
20
must apply for certification from the State Air Resources
Board. Mail three copies of the completed form FTB 3580
The remaining adjusted basis of $125,000 ($500,000
to:
less $375,000) may be depreciated over the useful life
STATIONARY SOURCE DIVISION
of the facility.
ATTN DIVISION CHIEF
You may not increase the basis elected to be amortized
STATE AIR RESOURCES BOARD
by the cost of additions or improvements after the
PO BOX 2815
amortization period begins.
SACRAMENTO CA 95812-2815
Certified pollution control facility is a new identifiable
The State Air Resources Board will add its certification to
treatment facility located in California and used, in
Part III if the facility meets the requirements of the R&TC.
connection with a plant or other property in operation
The Board will return the original and one copy of form
before January 1, 1976, to abate or control water or
FTB 3580 to you. Attach the original to the first return filed
atmospheric pollution or contamination by removing,
with the Franchise Tax Board (FTB) on which you take the
altering, disposing, storing, or preventing the creation or
amortization. Keep the copy for your records.
emission of pollutants, contaminants, wastes, or heat.
Water pollution. If this election applies to water pollution,
It must not significantly:
you must apply for certification from the State Water
Resources Control Board. Mail three copies of the
• Increase the output or capacity, extend the useful life, or
completed form FTB 3580 to:
reduce the total operating costs of such plant or other
property; or
STATE WATER RESOURCES CONTROL BOARD
• Alter the nature of the manufacturing or production
PO BOX 100
process or facility.
SACRAMENTO CA 95812-0100
The State Air Resources Board (air pollution) or the State
The State Water Resources Control Board will add its
Water Resources Control Board (water pollution) must
certification to Part IV if the facility meets the requirements
certify that the pollution control facility is in conformity
of the R&TC. The Board will return the original and one copy
with the state program or requirements for abatement or
of form FTB 3580 to you. Attach the original to the first
control of water, or atmospheric pollution or contamina-
return filed with the FTB on which you take the amortization.
tion.
Keep the copy for your records.
New identifiable treatment facility includes only tangible
property (not including a building and its structural
components, other than a building that is exclusively a
FTB 3580 Instructions 1999

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