Form 8835 - Renewable Electricity, Refined Coal, And Indian Coal Production Credit - 2009 Page 2

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Form 8835 (2009)
Page
33
Renewable electricity, refined coal, and Indian coal production credit allowed for 2009 from a
passive activity (see instructions) .
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33
34
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Carryforward of renewable electricity, refined coal, and Indian coal production credit to 2009 .
35
Carryback of renewable electricity, refined coal, and Indian coal production credit from 2010
35
(see instructions) .
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Add lines 32 through 35. Cooperatives, estates, and trusts, go to line 37; All others: For
36
electricity or refined coal produced during the 4-year period beginning on the date the facility
was placed in service, report the applicable part of this amount on Form 3800, line 29e; for
Indian coal produced before 2010 or during the 4-year period beginning on the date the facility
was placed in service, report the applicable part of this amount on Form 3800, line 29e; for all
other production of electricity, refined coal, or Indian coal, report the applicable part of this
amount on Form 3800, line 1f .
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36
Amount allocated to patrons of the cooperative or beneficiaries of the estate or trust (see instructions)
37
37
38
Cooperatives, estates, and trusts. Subtract line 37 from line 36. For electricity or refined coal
produced during the 4-year period beginning on the date the facility was placed in service, report the
applicable part of this amount on Form 3800, line 29e; for Indian coal produced before 2010 or during
the 4-year period beginning on the date the facility was placed in service, report the applicable part of
this amount on Form 3800, line 29e; for all other production of electricity, refined coal, or Indian coal,
report the applicable part of this amount on Form 3800, line 1f .
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38
General Instructions
section 45, or investment credit under section
Note. For calendar year 2009, the effective
48, is allowed for the property for the current
credit rate for electricity, refined coal, and
tax year or any subsequent tax year. See
Indian coal produced and sold is,
Section references are to the Internal
section 48(d) for more information.
respectively, 2.1 cents per kWh, $6.20 per
Revenue Code.
ton, and $1.625 per ton; there is no phaseout
How To Figure the Credit
Purpose of Form
adjustment.
Generally, the credit for electricity, refined
Use Form 8835 to claim the renewable
Example. If the reference price of
coal, and Indian coal produced from qualified
electricity, refined coal, and Indian coal
energy resources at a qualified facility during
electricity is 10.0¢ and the adjusted threshold
production credit. The credit is allowed only for
price is 9.0¢, reduce the credit by 1/3 ((10.0¢
the credit period (see Definitions below) is:
the sale of electricity, refined coal, or Indian coal
– 9.0¢)
3¢ = .3333). Enter the line 1 credit in
● 1.5 cents per kilowatt-hour (kWh) for the sale
produced in the United States or U.S.
the first entry space on line 2, .3333 in the
of electricity produced by the taxpayer;
possessions from qualified energy resources at
second entry space, and multiply to figure the
● 1/2 of 1.5 cents for open-loop biomass, small
a qualified facility (see Definitions below).
reduction.
irrigation, landfill gas, trash, hydropower, and
Generally, if you are a taxpayer that is not a
Definitions
marine and hydrokinetic renewable facilities;
partnership or S corporation, and your only
source of this credit is from a partnership, S
● $4.375 per ton for the sale of refined coal
Resources means wind, closed-loop
produced, see section 45(e)(8)(A);
biomass, poultry waste, open-loop biomass,
corporation, estate, trust, or cooperative, you
are not required to complete Part I of this form.
geothermal energy, solar energy, small
● $2 per barrel-of-oil equivalent for the sale of
irrigation power, municipal solid waste,
Instead, you can report this credit directly on
steel industry fuel, see section 45(e)(8)(A); or
line 1f of Form 3800. The following exceptions
hydropower production, marine and
● $1.50 per ton for the sale of Indian coal
hydrokinetic renewables, refined coal, and
apply.
produced.
Indian coal.
● You are an estate or trust and the source
The credit for electricity produced is
Closed-loop biomass is any organic
credit can be allocated to beneficiaries. For
proportionately phased out over a 3-cent
more details, see the Instructions for Form
material from a plant that is planted
range when the reference price exceeds the
1041, Schedule K-1, box 13.
exclusively for use at a qualified facility to
8-cent threshold price. The refined coal credit
produce electricity.
● You are a cooperative and the source credit
is proportionately phased out over an $8.75
can or must be allocated to patrons. For more
Poultry waste is poultry manure and litter,
range when the reference price of fuel used
details, see the Instructions for Form 1120-C,
including wood shavings, straw, rice hulls,
as feedstock exceeds 1.7 times the 2002
Schedule J, line 5c.
and other bedding material for the disposition
reference price. The 1.5-cent credit rate, the
of manure.
8-cent threshold price, the $4.375 refined coal
Election To Treat a Qualified Facility
rate, the reference price of fuel used as a
Open-loop biomass is solid,
as Energy Property
feedstock, the $2 steel industry fuel rate, and
nonhazardous, cellulosic waste material;
Section 48(a)(5) provides an irrevocable election
the $1.50 Indian coal rate are adjusted for
lignin material; or agricultural livestock waste
to treat qualified property (described in section
inflation. The reference price and the inflation
nutrients as defined in section 45(c)(3). See
48(a)(5)(D)) that is part of a qualified investment
adjustment factor (IAF) for each calendar year
Notice 2008-60, 2008-30 I.R.B. 178, for rules
credit facility (described in section 48(a)(5)(C)) as
are published during the year in the Federal
related to open-loop biomass, including an
energy property eligible for the investment credit
Register. If the reference price is less than the
expanded definition of a qualified facility and
(reported on Form 3468, Investment Credit) in
threshold price (adjusted by the IAF), there is
rules related to sales.
lieu of a production credit reportable on this
no reduction. For electricity produced, if the
Geothermal energy is energy derived from
form. This election applies to a facility placed in
reference price is more than 3 cents over the
a geothermal deposit as defined by section
service after 12/31/08, and before 1/1/14,
adjusted threshold price, there is no credit; if
613(e)(2).
(before 1/1/13 for a wind facility). See Notice
the reference price is more than the threshold
2009-52 and Form 3468, for information on
Small irrigation power is power generated
price, but not more than 3 cents over the
making the election. Notice 2009-52 is available
without any dam or impoundment of water.
adjusted threshold price, there is a phaseout
at
See section 45(c)(5).
adjustment on line 2 or line 16. For refined
coal produced, if the reference price is more
Coordination with Department of
Municipal solid waste is solid waste as
than $8.75 over the adjusted threshold price,
Treasury Grants
defined under paragraph 27 of 42 U.S.C.
there is no credit; if the reference price is
6903.
If a grant is paid under the American
more than the threshold price, but not more
Recovery and Reinvestment Act of 2009 (the
Refined coal is (1) a liquid, gaseous, or
than $8.75 over the adjusted threshold price,
Act), section 1603, for placing into service
solid fuel produced from coal or high carbon
there is a phaseout adjustment on line 19.
specified energy property (described in Act
section 1603(d)), no production credit under
8835
Form
(2009)

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