Instruction For Form Ct-40- Claim For Alternative Fuels Credit Page 4

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Page 4 CT-40-I (8/99)
(3) the taxpayer receiving the credit sells or disposes of the
the transferee. The transferee is responsible for any credit recapture
property and knows or has reason to know that the property will
if the transferor disposes of the property or if the transferor’s
be used in a manner described in (1) or (2) above.
property on which the credit was allowed ceases to qualify.
Section VI - Election to transfer credits
All credit transfers must be made on a vehicle-by-vehicle (or
refueling property) basis. Taxpayers must keep adequate records of
(Article 9-A taxpayers only)
all vehicles and property which are the basis for any transferred
Article 9-A taxpayers may elect to transfer their unused alternative
credit(s).
fuels credit to an Article 9-A affiliate. For purposes of this credit,
Part A - Alternative fuels credits received from
an affiliate means
affiliates
a parent corporation, where the parent owns or controls, directly
Enter the amount of alternative fuels credits that were received
or indirectly, 80% or more of the taxpayer’s capital stock, or
from affiliated Article 9-A taxpayers. Include the transferor
a subsidiary corporation, where the taxpayer owns or controls,
affiliate’s tax year in which the credit arose, the name and employer
directly or indirectly, 80% or more of the subsidiary’s capital
ID number of the transferor, and the amount of credits you are
stock, or
receiving.
a brother-sister corporation, where the same interests own or
Part B - Alternative fuels credits transferred to
control, directly or indirectly, 80% or more of both the
affiliates
corporation’s and the taxpayer’s capital stock.
Enter the amount of alternative fuels credits that were transferred
Both the transferor (affiliate transferring the credit) and the
to affiliated Article 9-A taxpayers. Include your tax year in which
transferee (affiliate receiving the credit) must consent to the
the credit arose, the name and employer ID number of the
election. Once the election is made, the credit becomes a credit of
transferee, and the amount of credits you are transferring.
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TAXPAYER CORRESPONDENCE
Internet access:
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ALBANY NY 12227
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