Form 8896 - Low Sulfur Diesel Fuel Production Credit

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8896
Low Sulfur Diesel Fuel Production Credit
OMB No. 1545-1914
Form
(Rev. December 2013)
Attach to your tax return.
Attachment
Department of the Treasury
142
Information about Form 8896 and its instructions is at
Sequence No.
Internal Revenue Service
Identifying number
Name(s) shown on return
1
Low sulfur diesel fuel produced (in gallons) .
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1
2
Multiply line 1 by $.05 .
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2
3
3
Qualified costs limitation (see instructions) .
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4
Total low sulfur diesel fuel production credits allowed for all prior tax years .
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4
5
Subtract line 4 from line 3
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5
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6
Enter the smaller of line 5 or line 2 .
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7
Low sulfur diesel fuel production credit from partnerships, S corporations, and cooperatives
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7
8
Add lines 6 and 7. Cooperatives, go to line 9. Partnerships and S corporations, stop here and
report this amount on Schedule K. All others, stop here and report this amount on Form 3800,
line 1m
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8
9
Amount allocated to patrons of the cooperative (see instructions)
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9
10
Cooperatives, subtract line 9 from line 8. Report this amount on Form 3800, line 1m .
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10
General Instructions
• The date 1 year after the date on which the refiner must
comply with these EPA requirements with respect to such
Section references are to the Internal Revenue Code.
facility or
• December 31, 2009.
Future Developments
Qualified costs include costs for the construction of new
For the latest information about developments related to Form
process operation units or the dismantling and reconstruction
8896 and its instructions, such as legislation enacted after they
of existing process units to be used in the production of low
were published, go to
sulfur diesel fuel, associated adjacent or offsite equipment
(including tankage, catalyst, and power supply), engineering,
Purpose of Form
construction period interest, and site work.
Use Form 8896 to claim the low sulfur diesel fuel production
In addition, the small business refiner must obtain certification
credit.
from the IRS (which will consult with the EPA) that the
The credit generally is 5 cents for every gallon of low sulfur
taxpayer’s qualified costs will result in compliance with the
diesel fuel produced by a qualified small business refiner during
applicable EPA regulations. This certification must be obtained
the tax year. However, the total credits allowed for all tax years
not later than June 29, 2008, or, if later, the date that is 30
cannot be more than the refiner’s qualified costs limitation on
months after the first day of the first tax year in which the credit
line 3. This credit is part of the general business credit.
is determined. For details, see Rev. Proc. 2007-69, 2007-49
I.R.B. 1137, available at
Taxpayers that are not partnerships, S corporations, or
cooperatives, and whose only source of this credit is from those
Unless you elect not to take this credit, your
pass-through entities, are not required to complete or file this
deductions will be reduced by the amount of your
TIP
form. Instead, they can report this credit directly on Form 3800.
credit. For details, see section 280C(d).
Definitions
Additional Information
Low Sulfur Diesel Fuel
For more information, see section 45H.
This is diesel fuel with a sulfur content of 15 parts per million or
Specific Instructions
less.
Small Business Refiner
Use lines 1 through 6 to figure any low sulfur diesel fuel
A small business refiner generally is a refiner of crude oil with an
production credit from your own trade or business.
average daily domestic refinery run or average retained
Line 1
production for all facilities that did not exceed 205,000 barrels
for the 1-year period ending on December 31, 2002. To figure
Enter the number of gallons of diesel fuel produced with a sulfur
the average daily domestic refinery run or retained production,
content of 15 parts per million or less.
only include refineries that were refineries of the refiner or a
Line 3
related person (within the meaning of section 613A(d)(3)) on
April 1, 2003. However, a refiner is not a small business refiner
On line 3, enter 25% of the qualified costs (defined earlier) for
for a tax year if more than 1,500 individuals are engaged in the
the facility that produced the fuel reported on line 1 if your
refinery operations of the business on any day during the tax
average daily domestic refinery runs were not more than
year.
155,000 barrels for the 1-year period ending on December 31,
2002. If your average daily domestic refinery runs were more
Qualified Costs
than 155,000 barrels, the 25% is reduced (but not below zero)
by multiplying it by 1 minus your excess over 155,000 barrels
For each facility, qualified costs are costs paid or incurred to
divided by 50,000 barrels.
comply with the highway diesel fuel sulfur control requirements
of the Environmental Protection Agency (EPA) during the period
beginning January 1, 2003, and ending on the earlier of:
8896
For Paperwork Reduction Act Notice, see instructions.
Form
(Rev. 12-2013)
Cat. No. 37704F

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