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Form 6478 Utasítások

6478 formanyomtatvány, bioüzemanyag-gyártó hitel

Rev. október 2023

Kapcsolódó űrlapok

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Letöltés
Department of the Treasury  
Internal Revenue Service  
Instructions for Form 6478  
(Rev. October 2023)  
(For use with the January 2020 revision of Form 6478, Biofuel Producer Credit)  
Section references are to the Internal Revenue Code  
unless otherwise noted.  
b. For use by the buyer as a fuel in a trade or business,  
or  
c. Who sells the second generation biofuel at retail to  
Future Developments  
For the latest information about developments related to  
Form 6478 and its instructions, such as legislation  
enacted after they were published, go to IRS.gov/  
another person and puts the second generation biofuel in  
the retail buyer’s fuel tank; or  
2. Is used or sold by the producer for any purpose  
described in (1) above.  
Qualified second generation biofuel production doesn’t  
include purchasing alcohol and increasing the proof of the  
alcohol through additional distillation. Nor does it include  
second generation biofuel that isn’t both produced in the  
United States or a U.S. territory and used as a fuel in the  
United States or a U.S. territory.  
What’s New  
The biofuel producer credit is extended for fuel sold or  
used before 2025. Don't claim the credit for fuel sold or  
used after 2024 unless the credit is extended again.  
A qualified second generation biofuel mixture combines  
second generation biofuel with gasoline or a special fuel.  
The producer of the mixture either:  
Reminder  
Form 6478 and its instructions will no longer be updated  
annually. Instead, they'll only be updated when necessary.  
Use these instructions with the January 2020 revision of  
Form 6478 for tax years beginning after 2017.  
Used it as a fuel, or  
Sold it as fuel to another person.  
Second Generation Biofuel  
Generally, second generation biofuel, for credit purposes,  
is any liquid fuel, which:  
For previous tax years, see the applicable Form 6478 and  
instructions.  
Is derived by, or from, qualified feedstocks;  
Meets the registration requirements for fuels and fuel  
General Instructions  
additives established by the Environmental Protection  
Agency under section 211 of the Clean Air Act (42 U.S.C.  
7545); and  
Purpose of Form  
Isn’t alcohol of less than 150 proof. In figuring the proof  
Use Form 6478 (Rev. January 2020) to figure your section  
40 biofuel producer credit for tax years beginning after  
2017. You claim the credit for the tax year in which the  
sale or use occurs. The credit consists of the second  
generation biofuel producer credit.  
of any alcohol, disregard any added denaturants  
(additives that make the alcohol unfit for human  
consumption).  
A qualified feedstock is:  
You may claim or elect not to claim the biofuel producer  
credit at any time within 3 years from the due date of your  
return (determined without regard to extensions) on either  
an original or an amended return for the tax year of the  
sale or use.  
Partnerships, S corporations, cooperatives, estates,  
and trusts must file this form to claim the credit. All other  
taxpayers aren’t required to complete or file this form if  
their only source for this credit is a partnership, S  
corporation, cooperative, estate, or trust. Instead, they can  
report this credit directly on the appropriate line of Form  
3800, General Business Credit.  
Any lignocellulosic or hemicellulosic matter that’s  
available on a renewable or recurring basis; and  
Any cultivated algae, cyanobacteria, or lemna.  
However, second generation biofuel doesn’t include  
any fuel if:  
More than 4% of the fuel (determined by weight) is any  
combination of water and sediment,  
The ash content of the fuel is more than 1%  
(determined by weight), or  
The fuel has an acid number greater than 25.  
Special rules for algae. For sales described in (1) under  
Qualified Second Generation Biofuel Production, earlier,  
second generation biofuel also includes certain liquid fuel,  
which:  
Qualified Second Generation Biofuel  
Production  
Is derived by, or from, any cultivated algae,  
This is second generation biofuel, which during the tax  
year:  
cyanobacteria, or lemna; and  
Isn’t alcohol of less than 150 proof (disregard any  
1. Is sold by the producer to another person:  
added denaturants).  
a. For use by the buyer in the buyer’s trade or business  
to produce a qualified second generation biofuel mixture  
(other than casual off-farm production),  
But only if this fuel is sold by the producer to another  
person for refining by such other person into a liquid fuel  
that will meet the registration requirements for fuels and  
Oct 5, 2023  
Cat. No. 13606U  
fuel additives established by the Environmental Protection  
Agency under section 211 of the Clean Air Act (42 U.S.C.  
7545), and not include any fuel if:  
Schedule K-1 (Form 1041), Beneficiary’s Share of  
Income, Deductions, Credits, etc., box 13 (code H); and  
Form 1099-PATR, Taxable Distributions Received From  
More than 4% of the fuel (determined by weight) is any  
Cooperatives, box 12, or other notice of credit allocation.  
combination of water and sediment,  
The ash content of the fuel is more than 1%  
Partnerships, S corporations, cooperatives, estates,  
and trusts must always report the above credits on line 3.  
All other taxpayers:  
(determined by weight), or  
The fuel has an acid number greater than 25.  
Also, once this fuel is sold by the producer to another  
Report the above credits directly on the appropriate line  
of Form 3800; and  
Don’t file Form 6478.  
person for refining by such person into a fuel that will meet  
these requirements, neither the producer nor any other  
person can use such fuel (or any fuel derived from such  
fuel) to figure a second credit for qualified second  
generation biofuel production.  
Line 4  
Partnerships and S corporations report this amount on  
Schedule K using the appropriate code. All others report  
this amount on the appropriate line of Form 3800.  
Registration  
All producers of second generation biofuel must be  
registered with the IRS. See Form 637, Application for  
Registration.  
Line 5  
Cooperatives. A cooperative described in section  
1381(a) can elect to allocate any part of the biofuel  
producer credit to patrons of the cooperative. The credit is  
allocated pro rata among the patrons eligible to share in  
patronage dividends on the basis of the quantity or value  
of business done with or for the patrons for the tax year.  
Recapture of Credit  
You must pay a tax (recapture) on each gallon of second  
generation biofuel at the rate you used to figure the credit  
if you don’t use the fuel for the purposes described under  
Qualified Second Generation Biofuel Production, earlier.  
If the cooperative is subject to the passive activity rules,  
include on line 3 any Form 6478 credits from passive  
activities disallowed for prior years and carried forward to  
this year. Complete Form 8810, Corporate Passive Activity  
Loss and Credit Limitations, to determine the allowed  
producer credits that can be allocated to patrons. For  
details, see the Instructions for Form 8810.  
Report the tax on Form 720, Quarterly Federal Excise  
Tax Return.  
Specific Instructions  
Line 1  
The cooperative is deemed to have made the election  
by completing line 5. However, the election isn’t effective  
unless:  
Enter the number of gallons of second generation biofuel  
sold or used for the tax year that meets the conditions  
listed under Qualified Second Generation Biofuel  
It’s made on a timely filed tax return (including  
Production, earlier. Multiply by the rate of $1.01 per gallon.  
extensions), and  
The cooperative designates the apportionment in a  
Line 2  
written notice or on Form 1099-PATR mailed to its patrons  
during the payment period described in section 1382(d).  
The credit shown in column (c) on line 1 must be included  
in income under “other income” on the applicable line of  
your income tax return, even if you can’t use all of the  
credit because of the tax liability limit. However, if you’re  
subject to the alternative minimum tax (AMT), this amount  
isn’t income in figuring AMT and must be subtracted when  
figuring your alternative minimum taxable income. Do this  
by including this amount on the appropriate line of Form  
6251, Alternative Minimum Tax—Individuals, or  
Schedule I (Form 1041), Alternative Minimum  
If you timely filed your return without making an  
election, you can still make the election by filing an  
amended return within 6 months of the due date of the  
return (excluding extensions). Write “Filed pursuant to  
section 301.9100-2” on the amended return.  
Once made, the election can’t be revoked.  
Estates and trusts. Allocate the biofuel producer credit  
on line 4 between the estate or trust and the beneficiaries  
in the same proportion as income was allocated and enter  
the beneficiaries’ share on line 5.  
If the estate or trust is subject to the passive activity  
rules, include on line 3 any Form 6478 credits from  
passive activities disallowed for prior years and carried  
forward to this year. Complete Form 8582-CR, Passive  
Activity Credit Limitations, to determine the allowed credit  
that must be allocated between the estate or trust and the  
beneficiaries. See the Instructions for Form 8582-CR.  
Tax—Estates and Trusts.  
Registration number. To claim a second generation  
biofuel producer credit on line 1, you must be registered  
with the IRS. Enter your SB registration number in the  
space provided. For more information, see Form 637 and  
Pub. 510, Excise Taxes.  
Line 3  
Enter the total biofuel producer credits from:  
Schedule K-1 (Form 1065), Partner’s Share of Income,  
Deductions, Credits, etc., box 15 (code l);  
Schedule K-1 (Form 1120-S), Shareholder’s Share of  
Line 6  
Cooperatives, estates, and trusts report this amount on  
the appropriate line of Form 3800.  
Income, Deductions, Credits, etc., box 13 (code l);  
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Instructions for Form 6478 (Rev. 10-2023)  
Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the  
United States. You’re required to give us the information. We need it to ensure that you’re complying with these laws and  
to allow us to figure and collect the right amount of tax.  
You aren’t required to provide the information requested on a form that’s subject to the Paperwork Reduction Act  
unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be  
retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax  
returns and return information are confidential, as required by section 6103.  
The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden  
for individual taxpayers filing this form is approved under OMB control number 1545-0074 and is included in the  
estimates shown in the instructions for their individual income tax return. The estimated burden for all other taxpayers  
who file this form is shown below.  
Recordkeeping  
Learning about the law or the form  
Preparing and sending the form to the IRS  
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2 hr., 9 min.  
53 min.  
58 min.  
If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler,  
we’d be happy to hear from you. See the instructions for the tax return with which this form is filed.  
Instructions for Form 6478 (Rev. 10-2023)  
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