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State of New Mexico - Taxation and Revenue Department

RPD-41330

Rev. 2/2/2012

APPLICATION FOR ALTERNATIVE ENERGY PRODUCT

MANUFACTURERS TAX CREDIT INSTRUCTIONS

(Page 2 of 3)

year prior to the date of this application.

PART II. CALCULATION OF CREDIT CLAIMED

Line A: Enter the total value of the qualified equipment included in this claim. The value of the qualified equipment is the

adjusted basis established for the equipment under the applicable provisions of the Internal Revenue Code of 1986.

Line B: Multiply Line A by 5% to determine the alternative energy product manufacturers tax credit applied for.

PART III. CERTIFICATIONS

You must certify that the statements set out under Part III are true and correct by placing a checkmark in the box next to

each statement. Both boxes must be checked in order to qualify for the credit.

RECAPTURE: If the taxpayer or successor in the business of the taxpayer ceases operations at a facility in New Mexico for

at least 180 consecutive days within a two-year period after the taxpayer has claimed an alternative energy product manu-

facturers tax credit, the Department may not grant additional credit with respect to that facility. Amounts of credit approved,

but not yet claimed will be extinguished, and within 30 days after the one hundred eightieth (180) day of cessation of opera-

tions, the taxpayer must pay the modified income tax liability against which approved credit was taken. For purposes of a

recapture of this credit, having ceased operations does not include reasonable periods for maintenance or retooling, for the

repair or replacement of facilities damaged or destroyed, or during labor disputes.

IMPORTANT DEFINITIONS:

"Alternative energy product" means an alternative energy vehicle, fuel cell system, renewable energy system or any

component of an alternative energy vehicle, fuel cell system or renewable energy system or components for integrated

gasification combined cycle coal facilities and equipment related to the sequestration of carbon from integrated gasification

combined cycle plants, or beginning in tax year 2011 and ending in tax year 2019, a product extracted from or secreted by

a single cell photosynthetic organism.

"Alternative energy vehicle" means a motor vehicle manufactured by an original equipment manufacturer that fully war-

rants and certifies that the motor vehicle meets the federal motor vehicle safety standards and is designed to be propelled in

whole or in part by electricity; includes a gasoline-electric hybrid motor vehicle exempt from the motor vehicle excise tax.

"Component" means a part, assembly of parts, material, ingredient or supply that is incorporated directly into an end prod-

uct;

"Fuel cell system" means a system that converts hydrogen, natural gas or waste gas to electricity without combustion,

including:

1. a fuel cell or a system used to generate or reform hydrogen for use in a fuel cell; or

2. a system used to generate or reform hydrogen for use in a fuel cell; including:

a. electrolyzers that use renewable energy; and

b. reformers that use natural gas as the feedstock;

"Manufacturing" means combining or processing components or materials to increase their value for sale in the ordinary

course of business, but does not include construction, farming, power generation or processing natural resources.

"Manufacturing equipment" means an essential machine, mechanism or tool or a component of an essential machine,

mechanism or tool used directly and exclusively in a taxpayer's manufacturing operation and that is subject to depreciation

pursuant to the Internal Revenue Code of 1986 by the taxpayer carrying on the manufacturing; provided that "manufactur-

ing equipment" does not include a vehicle that leaves the site of a manufacturing operation for the purpose of transporting

persons or property, including property for which the taxpayer claims a credit.

"Subject to Depreciation" means the taxpayer's federal income tax return must include a depreciation expense with respect

to the qualified expenditure for manufacturing equipment for which an alternative energy product manufacturers tax credit is

sought or claimed. Equipment depreciated under the accelerated cost recovery system, IRC Section 168, and property for

which the taxpayer makes an election under IRC Section 179 is "subject to depreciation".

Form Rpd-41330 - Application For Alternative Energy Product Manufacturers Tax Credit Page 3

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