Form Sc Sch.tc-40 - South Carolina Ethanol Or Biodiesel Production Credit (Page 2 of 2) in pdf

reasonably determine the level of new production.

A new production credit for expansion of the capacity of an existing facility may not be claimed until production is in

excess of 12 times the 3-month average amount during any 12-consecutive-month period beginning no sooner than

January 1, 2017.

Certification by the State Energy Office

The taxpayer must apply to the State Energy Office before claiming any credit. Each taxpayer must submit a request for

credit to the State Energy Office by January 31st for all gallons of qualifying fuel produced in the previous calendar year.

The Office’s form for requesting credit is available at or by calling 803-737-8030. The Office will

notify the taxpayer that it qualifies for the credit and the amount of credit allocated to the taxpayer by March 1st of that

year. The taxpayer may claim the allocated amount of credit for its tax year that includes the date December 31st of the

previous calendar year. The Department of Revenue may require any documentation that it deems necessary to

administer the credit. The Office or Department may examine or require examination by any agent or representative of

any books, papers, records, or memoranda bearing upon these matters.

Note: Attach the State Energy Office letter of certification and this form with your Income Tax Return, or keep with your

tax records if filing electronically.

Definitions

“Ethanol facility” means a plant or facility primarily engaged in the production of ethanol or ethyl alcohol derived from

renewable and sustainable bioproducts used as a substitute for gasoline fuel.

“Biodiesel facility” means a plant or facility primarily engaged in the production of plant- or animal-based fuels used as a

substitute for diesel fuel.

“Name plate design capacity” means the original designed capacity of an ethanol or biodiesel facility. Capacity may be

specified as bushels of grain ground or gallons of ethanol or biodiesel produced a year.

“New production” means production which results from a new facility, a facility which has not received credits before

2017, or the expansion of the capacity of an existing facility by at least two million (2,000,000) gallons first placed into

service after 2016, as certified by the design engineer of the facility to the State Energy Office. For expansion of the

capacity of an existing facility, “new production” means annual production in excess of 12 times the monthly average of

the highest 3 months of ethanol or biodiesel production at an ethanol or biodiesel facility during the 24-month period

immediately preceding certification of the facility by the design engineer.

Social Security Privacy Act Disclosure

It is mandatory that you provide your social security number on this tax form if you are an individual taxpayer. 42 U.S.C

405(c)(2)(C)(i) permits a state to use an individual's social security number as means of identification in administration of

any tax. SC Regulation 117-201 mandates that any person required to make a return to the SC Department of Revenue

shall provide identifying numbers, as prescribed, for securing proper identification. Your social security number is used for

identification purposes.

The Family Privacy Protection Act

Under the Family Privacy Protection Act, the collection of personal information from citizens by the Department of

Revenue is limited to the information necessary for the Department to fulfill its statutory duties. In most instances, once

this information is collected by the Department, it is protected by law from public disclosure. In those situations where

public disclosure is not prohibited, the Family Privacy Protection Act prevents such information from being used by third

parties for commercial solicitation purposes.

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Form Sc Sch.tc-40 - South Carolina Ethanol Or Biodiesel Production Credit Page 2