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Form NYC-9.5 - 2000

Page 2

SCHEDULE A

Sales and compensating use tax credit

1. Cost of electricity or electric service purchased or used during tax year eligible for sales and

compensating use tax credit under Section 11-604.15(a)(1) of the Administrative Code

(see instructions)

.......................................................................................................................................................

2. Purchase price or cost of use of services of installing, repairing, maintaining or servicing

machinery, equipment, parts, tools or supplies used in production ..............................................2.

3. Sales and compensating use taxes, imposed during tax year, on costs included in line 1 under

Section 1107 Tax Law and paid (see instructions and attach schedule)

................................................

4. Sales and compensating use taxes paid on costs included in line 2 (see instructions)

......................

5. Less: credits or refunds of taxes included in lines 3 and 4 (see instructions)

......................................

6. Claim for New York City sales tax credit (enter on page 1, parts I and II, lines 1 and 4)

..................

NSTRUCTIONS FOR SCHEDULE A

Sections 11-604.15 and 11-604.17-a of the

In addition, submit a schedule, as outlined

that payment. A credit may be claimed for the

Administrative Code allow a taxpayer a credit

below, giving the details of the credit request-

interest paid in connection with the State deter-

equal to the amount of sales and compensating

mination of sales or compensating use tax for

ed. The credit claimed should be 4% of the

use taxes:

services performed on eligible machinery,

total of the column entitled “qualifying electric-

parts and tools but not for interest paid with

ity cost.” Below is an example of headings

1) imposed by Section 1107 of the State Tax

respect to the sales tax on electricity or electric

which could be used in such a schedule.

Law during the taxpayer’s taxable year which

service. No credit may be claimed for penalties

became legally due during the tax year and

INVOICE

TOTAL INVOICED KILO-

QUALIFYING %

paid with respect to these taxes.

were paid, less any credit or refund, with

DATE

WATT HOURS

FOR PERIOD

respect to the purchase or use by the taxpayer

To claim the credit in these circumstances, an

COST OF ELECTRICITY

QUALIFYING

FOR INVOICE PERIOD

ELECTRICITY COST

of electricity or electric service (but not gas) of

amended General Corporation Tax Return

whatever nature for use or consumption direct-

(Form NYC-3L) or Claim for Refund (Form

NOTE: If you neglected to claim a sales tax

ly and exclusively in the production of tangible

NYC-8) must be filed for the taxable year (or

credit in the period in which the sales tax

personal property for sale by manufacturing,

years) for which such sales or compensating

became legally due, you cannot claim the cred-

processing or assembling.

use taxes were determined to be due, accompa-

it for the current tax year. Instead, you must

nied by a completed Form NYC-9.5. A taxpayer

2) imposed by Section 1107 of the State Tax

file a claim for a refund on Form NYC-8 and

who cannot supply the detailed schedule

Law during the taxpayer’s taxable year and

attach a revised Form NYC-9.5.

required in the instructions for line 3 or 4

paid, less any credit or refund, with respect to

should instead submit copies of the State deter-

the purchase or use of the services of

Section 11-604.12 of the Administrative Code

mination and all supporting audit work papers,

installing, repairing, maintaining or servicing

allows a credit for sales and use tax paid after

and a copy of the cancelled check or other evi-

machinery, equipment, parts, tools or supplies

July 1, 1977, on the purchase or use of machin-

dence of payment of the State determination.

used directly and predominantly in the produc-

ery or equipment used in production. Those

tion of tangible personal property, gas, electric-

purchases were exempted from sales and use

SCHEDULE A SUPPLEMENT

ity, refrigeration or steam for sale, or certain

tax effective December 1, 1989.

Determining the electricity used in the

telephone central office equipment or station

If the credit claimed is on the purchase of

production of tangible personal property

apparatus or comparable telegraph equipment.

machinery or equipment, you must use Form

for sale

Interest paid in connection with payment of

NYC-9.5 for 1990 or other prior year.

such sales and use taxes will also be allowed as

When electricity is purchased for consumption

a credit.

for purposes that qualify for the credit and pur-

LINE 4

poses that do not qualify for the credit, and the

Taxpayers claiming the credit on line 4 must

NOTE: The services described above in item 2

use of the electricity is recorded on a single

prepare and attach to Schedule A a rider listing

were exempted from sales and use tax effective

meter, the purchaser may allocate the use of

each item and indicating with respect to each

September 1, 1996, however, a credit is avail-

electricity according to its qualifying or non-

item, the type of service or maintenance used,

able for sales and use tax due and paid on

qualifying consumption. At such time as varia-

the invoice date, the name of the supplier from

those services during the current tax year with

tions occur affecting the use of electricity

whom it was purchased, the purchase price and

respect to periods prior to September 1, 1996.

(e.g., the addition of new equipment), a new

the sales and compensating use tax paid.

allocation should be computed.

LINE 1

LINE 5

Enter on line 1 the total cost of electric service

When claiming a sales and compensating use tax

Enter on line 5 the amount of any credits or

eligible for credit.

credit under Section 11-604.15 of the Administra-

refunds of sales and compensating use taxes

tive Code, one of the following must be submit-

included on lines 3 and 4 received during the

LINE 3

ted:

tax period covered by the return from either a

Taxpayers claiming the credit on line 3 must

vendor or the New York State Sales Tax

an electrical engineer’s survey, showing

prepare and attach to Schedule A a statement

Bureau.

computations, in substantiation of the allo-

explaining the manufacturing process and the

cation made for use of electricity for both

nature and kind of tangible personal property

SALES AND USE TAXES PAID

qualifying and nonqualifying purposes;

produced for sale. Prepare and attach a sched-

AS A RESULT OF AN AUDIT

ule showing how you determined the portion of

computations using the guidelines that fol-

A taxpayer that has paid eligible sales and com-

total electricity usage eligible for sales and

low. Computations forming the basis for a

pensating use taxes as a result of an audit and

compensating use tax credit for electricity or

claim for refund or credit should be sub-

determination made by the New York State

electric service. The acceptable methods for

mitted with Form NYC-9.5.

Department of Taxation and Finance may be

computing the allocation of electricity qualify-

entitled to claim the sales and use tax credit for

ing for credit are detailed on page 3.

Form Nyc-9.5 - Claim For Sales Tax Or Reap Credit Applied To General Corporation Tax And Banking Corporation Tax - 2000 Page 2

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