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. January 2008)
Attach to your tax return.
Attachment
Department of the Treasury
142
Sequence No.
Internal Revenue Service
Name(s) shown on return
Identifying number
1
1
Low sulfur diesel fuel produced (in gallons)
2
2
Multiply line 1 by $.05
3
3
Qualified costs limitation (see instructions)
4
4
Total low sulfur diesel fuel production credits allowed for all prior tax years
5
5
Subtract line 4 from line 3
6
6
Enter the smaller of line 5 or line 2
7
7
Low sulfur diesel fuel production credit from partnerships, S corporations, and cooperatives
8
Add lines 6 and 7. Cooperatives go to line 9; partnerships and S corporations, report this amount
on Schedule K; all others, report this amount on the applicable line of Form 3800 (e.g., line 1n
8
of the 2007 Form 3800)
9
9
Amount allocated to the patrons of the cooperative
10
Subtract line 9 from line 8. Report this amount on the applicable line of Form 3800 (e.g., line 1n
of the 2007 Form 3800)
10
Unless you elect not to take this
General Instructions
exceed 205,000 barrels for the 1-year
credit, your deductions will be
period ending on December 31, 2002. To
TIP
Section references are to the Internal
reduced by the amount of your
figure the average daily domestic refinery
Revenue Code.
credit. For details, see section
run or retained production, only include
280C(d).
refineries that were refineries of the refiner
What’s New
or a related person (within the meaning of
Additional Information
Rev. Proc. 2007-69 provides guidance
section 613A(d)(3)) on April 1, 2003.
on obtaining the required certification. See
However, a refiner is not a small business
For more information, see section 45H.
Qualified Costs.
refiner for a tax year if more than 1,500
individuals are engaged in the refinery
Specific Instructions
The Tax Technical Corrections Act of
operations of the business on any day
2007 clarified the adjustment required
Use lines 1 through 6 to figure any low
during the tax year.
when you deduct qualified costs under
sulfur diesel fuel production credit from
section 179B and also claim this credit in
Qualified Costs
your own trade or business.
tax years ending after December 31, 2002.
For each facility, qualified costs are costs
See TIP on this page.
Cooperative Election To Allocate
paid or incurred to comply with the
Credit to Patrons
highway diesel fuel sulfur control
Purpose of Form
requirements of the Environmental
A cooperative described in section 1381(a)
Use Form 8896 to claim the low sulfur
Protection Agency (EPA) during the period
can elect to allocate any part of the low
diesel fuel production credit.
beginning January 1, 2003, and ending on
sulfur diesel fuel production credit among
the earlier of:
the patrons of the cooperative. To make
The credit generally is 5 cents for every
the election, attach a statement to the
gallon of low sulfur diesel fuel produced by
The date 1 year after the date on which
effect that the cooperative elects to
a qualified small business refiner during the
the refiner must comply with these EPA
allocate the credit among the patrons
tax year. However, the total credits allowed
requirements with respect to such facility
eligible to share in patronage dividends on
for all tax years cannot be more than the
or
the basis of the quantity or value of
refiner’s qualified costs limitation on line 3.
business done with or for the patrons for
December 31, 2009.
This credit is part of the general business
the tax year.
credit.
Qualified costs include costs for the
The election is not effective unless:
construction of new process operation
Taxpayers that are not partnerships, S
units or the dismantling and reconstruction
corporations, or cooperatives, and whose
Made on a timely filed return (including
of existing process units to be used in the
only source of this credit is from those
extensions). However, if the cooperative
production of low sulfur diesel fuel,
pass-through entities, are not required to
made an election on a tax return for a tax
associated adjacent or offsite equipment
complete or file this form. Instead, they
year ending after December 31, 2002, and
(including tankage, catalyst, and power
can report this credit directly on Form
filed before June 15, 2006, but failed to
supply), engineering, construction period
3800.
attach the required statement, the
interest, and site work.
cooperative may attach that statement to
Definitions
In addition, the small business refiner
the first federal income tax return it files
must obtain certification from the IRS
after June 14, 2006.
Low Sulfur Diesel Fuel
(which will consult with the EPA) that the
The cooperative designates the
This is diesel fuel with a sulfur content of
taxpayer’s qualified costs will result in
apportionment in a written notice mailed
15 parts per million or less.
compliance with the applicable EPA
to its patrons during the payment period
regulations. This certification must be
Small Business Refiner
described in section 1382(d).
obtained not later than June 29, 2008, or,
A small business refiner generally is a
if later, the date that is 30 months after the
refiner of crude oil with an average daily
first day of the first tax year in which the
domestic refinery run or average retained
credit is determined. For details, see Rev.
production for all facilities that did not
Proc. 2007-69 (available in I.R.B. 2007-49
at ).
8896
For Paperwork Reduction Act Notice, see instructions.
Cat. No. 37704F
Form
(Rev. 1-2008)

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