Instructions For Form 8864 - Biodiesel And Renewable Diesel Fuels Credit

of the pass-through credit. See the above instructions for

Use agri-biodiesel on which the small agri-biodiesel

line 9.

producer credit was claimed for a use not described under

Qualified Agri-Biodiesel Production above.

Cooperatives. A cooperative described in section

Report the tax on Form 720, Quarterly Federal Excise

1381(a) can elect to allocate any part of the small

Tax Return.

agri-biodiesel producer credit to patrons of the

cooperative. The credit is allocated pro rata among the

Additional Information

patrons eligible to share in patronage dividends on the

See Pub. 510, Excise Taxes.

basis of the quantity or value of business done with or for

the patrons for the tax year.

Specific Instructions

If the cooperative is subject to the passive activity rules,

include on line 9 any Form 8864 credits from passive

Use lines 1 through 8 to figure any biodiesel and

activities disallowed for prior years and carried forward to

renewable diesel fuels credit from your own trade or

this year. Complete Form 8810, Corporate Passive

business.

Activity Loss and Credit Limitations, to determine the

allowed producer credits that can be allocated to patrons.

Skip lines 1 through 8 if you are claiming only a credit that

For details, see the Instructions for Form 8810.

was allocated to you from a pass-through entity (that is, an

S corporation, partnership, estate, trust, or cooperative).

The cooperative is deemed to have made the election

by completing line 11. However, the election is not

Line 8

effective unless:

Include this amount in income, under “other income” on

It is made on a timely filed return (including extensions);

the applicable line of your income tax return, even if you

and

cannot use all of the credit because of the tax liability limit.

The cooperative designates the apportionment in a

However, if you are subject to alternative minimum tax

written notice or Form 1099-PATR, Taxable Distributions

(AMT), this amount is not income in figuring AMT and

Received From Cooperatives, mailed to its patrons during

must be subtracted when figuring your alternative

the payment period described in section 1382(d).

minimum taxable income. Do this by including this amount

If you timely filed your return without making an

on line 27 of Form 6251, line 23 of Schedule I (Form

election, you can still make the election by filing an

1041), or line 2o of Form 4626.

amended return within 6 months of the due date of the

Line 9

return (excluding extensions). Enter “Filed pursuant to

section 301.9100-2” on the amended return.

If you are allocated a small agri-biodiesel producer credit

Once made, the election cannot be revoked.

from a pass-through entity, the entity must tell you the

number of gallons for which it claimed the credit and its

Estates and trusts. Allocate the biodiesel and

productive capacity for agri-biodiesel. You, as a

renewable diesel fuels credit on line 10 between the

shareholder, partner, beneficiary, or patron, are subject to

estate or trust and the beneficiaries in the same proportion

the 15-million-gallon limitation for qualified agri-biodiesel

as income was allocated and enter the beneficiaries’

production and the 60-million-gallon productive capacity

share on line 11.

limitation for an eligible small agri-biodiesel producer.

If the estate or trust is subject to the passive activity

Line 11

rules, include on line 9 any Form 8864 credits from

passive activities disallowed for prior years and carried

A cooperative, estate, or trust allocating the small

forward to this year. Complete Form 8582-CR, Passive

agri-biodiesel credit must give the patron or beneficiary a

Activity Credit Limitations, to determine the allowed credit

statement providing them with the number of gallons for

that must be allocated between the estate or trust and the

which it claimed the credit and its productive capacity for

beneficiaries. For details, see the Instructions for Form

agri-biodiesel. An estate or trust must also provide the

8582-CR.

amount of the small agri-biodiesel credit included as part

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Instructions for Form 8864 (2015)

Instructions For Form 8864 - Biodiesel And Renewable Diesel Fuels Credit - 2015 Page 3

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