양식 4255 지침
Form 4255에 대한 지침, 투자 신용의 회수
12월 2023일
관련 양식
- 양식 4255 - 투자 신용의 Recapture
Department of the Treasury
Internal Revenue Service
Instructions for Form 4255
Recapture of Investment Credit
(Rev. December 2023)
Section references are to the Internal Revenue Code unless
otherwise noted.
In the case of a project under the Phase II or Phase III
•
qualifying advanced coal project program, failure during the
applicable recovery period (as defined in section 168(c)) to
attain and maintain the separation and sequestration
requirements in section 48A(e)(1)(G). For more information, see
Notice 2009-24, 2009-16 I.R.B. 817, available at IRS.gov/irb/
and amplified by Notice 2012-51, 2012-33 I.R.B. 150, available
2015-10 I.R.B. 722, available at IRS.gov/irb/
Future Developments
For the latest information about developments related to Form
4255 and its instructions, such as legislation enacted after they
What’s New
I.R.B. 1795, available at IRS.gov/irb/
The Creating Helpful Incentives to Produce Semiconductors
(CHIPS) Act of 2022 enacted the advanced manufacturing
investment credit and added an applicable transaction that
requires recapture of the advanced manufacturing investment
credit claimed. See Credit Recapture Requirements and Special
You engaged in an applicable transaction, as defined in
•
section 50(a)(6)(D).
A net increase in the amount of nonqualified nonrecourse
•
financing occurred for any property to which section 49(a)(1)
Exceptions to recapture. Recapture of the investment credit
General Instructions
doesn’t apply to the following.
A transfer because of the death of the taxpayer.
•
Purpose of Form
A transfer between spouses or incident to divorce under
•
section 1041. However, a later disposition by the transferee is
subject to recapture to the same extent as if the transferor had
disposed of the property at the later date.
Use Form 4255 to figure the increase in tax for the recapture of
investment credit claimed.
A transaction to which section 381(a) applies (relating to
Credit Recapture Requirements and Special
Rules
•
certain acquisitions of the assets of one corporation by another
corporation).
Generally, you must refigure the investment credit and may have
to recapture all or part of it if any of the following apply.
A mere change in the form of conducting a trade or business
•
if:
You disposed of investment credit property before the end of 5
•
1. The property is retained as investment credit property in
full years after the property was placed in service (the recapture
period).
that trade or business, and
2. The taxpayer retains a substantial interest in that trade or
You changed the use of the property before the end of the
•
business.
recapture period so that it no longer qualifies as investment
credit property.
A mere change in the form of conducting a trade or business
includes a corporation that elects to be an S corporation and a
corporation whose S election is revoked or terminated.
The business use of the property decreased before the end of
•
the recapture period so that it no longer qualifies (in whole or in
part) as investment credit property.
For more details on the recapture rules, see section 50(a).
Any building to which section 47(d) applies will no longer be a
•
qualified rehabilitated building when placed in service.
See section 46(g)(4) (as in effect on November 4, 1990)
Any property to which section 48(b), 48A(b)(3), 48B(b)(3),
•
to figure the recapture tax if you made a withdrawal from
!
CAUTION
48C(b)(2), or 48D(b)(5) applies will no longer qualify as
investment credit property when placed in service.
a capital construction fund set up under the Merchant
Marine Act of 1936 to pay the principal of any debt incurred in
connection with a vessel on which you claimed investment
credit.
Before the end of the recapture period, your proportionate
•
interest was reduced by more than one-third in a partnership, S
corporation, estate, or trust that allocated the cost or other basis
of property to you for which you claimed a credit.
Carryover Adjustment on Recapture
You returned leased property (on which you claimed a credit)
•
For property subject to investment credit recapture, reduce any
remaining carryforwards and carrybacks from the property by the
recapture percentage used for the property on line 15.
to the lessor before the end of the recapture period.
In the case of a project under the Phase II or Phase III
•
gasification program, failure at any time during the applicable
recovery period (as defined in section 168(c)) to attain and
maintain the separation and sequestration requirements in
section 48B(d)(1)(B). For more information, see Notice 2009-23,
2009-16 I.R.B. 802, available at IRS.gov/irb/
Basis Adjustment on Recapture
For property subject to investment credit, increase the property’s
basis as follows.
2011-14 I.R.B. 603, available at IRS.gov/irb/
For rehabilitation credit property, qualifying advanced coal
•
project property, qualifying gasification project property,
qualifying advanced energy project property, or advanced
manufacturing investment property, increase the basis by 100%
of the amount, attributable to each such property, of the
recapture tax, adjustments to carrybacks and carryforwards
2014-53 I.R.B. 1001, available at IRS.gov/irb/
Oct 12, 2023
Cat. No. 68759M
under section 39, or adjustments to disallowed passive activity
credits.
If line 3 is negative, then the entry on line 4 will be larger
than the entry on line 2.
TIP
For energy property, increase the basis by 50% of the amount,
•
attributable to each such property, of the recapture tax,
adjustments to carrybacks and carryforwards under section 39,
or adjustments to disallowed passive activity credits.
Line 5. Multiply line 1 by line 4. If the credit for the property for
which you must refigure the credit was limited to a dollar amount
(for example, by the kilowatt limit in section 48(c)(1)(B)), don’t
enter more than the amount of the applicable limit on line 5.
If you are a partner or S corporation shareholder, adjust the
basis of your interest in the partnership or stock in the S
corporation to take into account the adjustment made to the
basis of property held by the partnership or S corporation.
Line 6. Enter the total of all credits taken for the property on
Form 3800, General Business Credit in prior years. But don’t
include the amount of any credit previously recaptured due to an
increase in nonqualified nonrecourse financing.
For more information, see section 50(c) and Regulations
section 1.469-3(f).
Part II. Recapture From Increase in
Nonqualified Nonrecourse Financing
Partnerships, S Corporations, Estates, and
Trusts
Use Part II to figure any increase in tax for the recapture of an
investment tax credit under section 49.
A partnership, S corporation, estate, or trust that allocated any or
all of a qualified investment to its partners, shareholders, or
beneficiaries, must provide the information they need to refigure
the credit. See Regulations sections 1.46-3(f), 1.47-4(a) and (c),
1.47-5, and 1.47-6.
Generally, section 49(a)(1) applies to property:
Placed in service by individuals or certain closely held
•
corporations during a tax year in which they were engaged in
activities described in section 465, and
Partners, Shareholders, and Beneficiaries
Used in connection with an activity subject to the at-risk
•
limitations under section 465.
If you are a partner, shareholder, or beneficiary and your
Schedule K-1 shows recapture of investment credit claimed in an
earlier year, you will need your copy of the original Form 3468,
Investment Credit to complete this form.
The credit base of this property for investment credit
purposes may be limited if you borrowed against the property
and are protected against loss, or if you borrowed money from a
person who is related or who has an interest (other than as a
creditor) in the business activity. The credit base must be
reduced by the amount of any nonqualified nonrecourse
financing related to the property at the end of the tax year.
Specific Instructions
Lines A through D. Describe the property for which you must
refigure the credit. Use the corresponding column for each
property in Parts I, II, and III. If you need more property columns,
use additional Forms 4255 or other statements that include all
the information shown on Form 4255. Enter the total from all the
separate statements on lines 17 and 18.
If, at the close of a tax year following the year property
described in section 49(a)(1) was placed in service, the
nonqualified nonrecourse financing for the property has
increased or decreased, then the credit base for the property
changes accordingly. The changes may result in an increased
credit or a recapture of the credit in the year of the change. See
sections 49 and 465 for details.
Part I. Original Investment Credit
Use Part I to refigure the original credit.
Line 8. If the original credit had been figured using the
current-year tax base in the year the property was first placed in
service, you may have been able to use other general business
unused general business credits that would have been allowed
under section 38.
Line 1. Enter the rate you used to figure the original credit from
the Form 3468 that you filed. For combined heat and power
system property, enter the effective rate used to figure the
original credit, taking into account the limit under section 48(c)(3)
(B).
Line 2. Enter the credit base (cost or other basis) that you used
When making this calculation, include any general
to figure the original credit.
business credits that could have been carried forward or
carried back to a year affected by the recapture of the
TIP
If section 49(a)(1) applied to the property and there was a net
increase in nonqualified nonrecourse financing with respect to
the property in previous tax years, enter the credit base you used
to figure the original credit, reduced by the amount of that net
increase. If there was a net decrease in nonqualified
original credit. Don’t include any credits that were previously
recaptured. If you previously used the credit to offset the
recapture of a credit on another property, treat it as a credit
allowed in a previous tax year.
nonrecourse financing with respect to the property in previous
tax years, enter the credit base you used to figure the original
credit, increased by the amount of that net decrease. For more
details, see the instructions for Part II.
Multiple recapture properties. If you are recapturing
investment credits from multiple properties in Part II, complete
Form 4255, line 7, for each property before using Worksheet 1.
Then fill out Worksheet 1, reapplying any allowable investment
credits as if no credit had been allowed for any of the properties
in excess of the refigured credit for that property on line 5. As you
complete the worksheet, separately identify the amount of
unused general business credits that could have been used
instead of the excess credit from each property. If an unused
general business credit could have been used instead of the
excess credit from more than one property (for example, the
amount figured in Step 1 or Step 3 for a single year is attributable
to more than one property), apply the unused credit to the
property with the highest original credit rate on line 1. When
completing Step 7, add the amounts from Steps 3 and 6
Line 3. If section 49(a)(1) didn’t apply to the property, enter -0-.
If section 49(a)(1) applied to the property, enter the net change
in nonqualified nonrecourse financing related to the property
during the tax year. Enter a net increase in nonqualified
nonrecourse financing as a positive number. Enter a net
decrease in nonqualified nonrecourse financing as a negative
number. For more information about section 49, see the
instructions for Part II.
Line 4. Subtract line 3 from line 2.
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Instructions for Form 4255 (Rev. 12-2023)
Worksheet 1
Use Worksheet 1 to calculate the amount of unused general business credits that would have been allowed instead of the credit from
the recapture property. If you need to account for more than 5 years, complete Steps 4 through 6 for those years on additional copies
of the worksheet. Include the total for all years on Step 7.
First
Year
Year
Year
Year
Year
Steps
______ ______ ______ ______ ______
Total
Step 1. Identify the first year that the aggregate amount of credit
allowed for the property was more than the amount on line 5.
Enter the excess as a positive number . . . . . . . . . . . . . . . . . .
Step 2. Figure the amount of other general business credits that
could have been used in that year had the amount in Step 1 not
been allowed. Enter the result as a positive number . . . . . . . .
Step 3. Subtract any general business credits that were actually
allowed in any previous tax year from the result of Step 2 . . . . .
Step 4. For the following year, figure the reduction in general business
credits that would have been allowed for that year if:
______
______
______
______
1. No amount on line 7 had been allowed as a credit, and
2. Any other credits were used as calculated in Step 2 above . . . . . . . . . .
Step 5. Figure the amount of other general business credits that would have
been allowed to offset the reduction figured in Step 4 . . . . . . . . . . . . . . .
Step 6. Subtract any general business credits that were actually allowed in
any previous tax year from the result of Step 5 . . . . . . . . . . . . . . . . . . . .
Step 7. Repeat Steps 4 through 6 above for each of the following tax years. Then add the amount from Step 3 to the
amount from each iteration of Step 6. Enter the result on line 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
______ ______ ______ ______
______ ______ ______ ______
______ ______ ______ ______
______
______
separately by property and enter the results in the corresponding
property column of line 8.
Line 13. If you had never taken the recaptured credit, you may
have been able to use other general business credits instead.
business credits that would have been allowed under section 38.
Disallowed passive activity credits (as defined in section
469(d)(2)) can be used in the calculation of line 8 only to
!
CAUTION
the extent that credits from passive activities are
When making this calculation, include any general
included in the credits subject to recapture.
business credits that could have been carried forward or
carried back to a year affected by the recapture of the
TIP
Unused credits other than “specified credits” (as defined in
section 38(c)(4)(B)) and eligible small business credits (ESBCs)
can be used in the calculation of line 8 taking into account the
limitation under section 38(c)(1)(A).
original credit. Don’t include any credits that were previously
recaptured. If you previously used the credit to offset the
recapture of a credit on another property, treat it as a credit
allowed in a previous tax year.
Multiple recapture properties. If you are recapturing
investment credits from multiple properties in Part III, complete
Form 4255, line 6, for each property before using Worksheet 2.
Then fill out Worksheet 2, reapplying any allowable investment
credits as if no credit had been allowed for any of the properties.
As you complete the worksheet, separately identify the amount
of unused general business credits that could have been used
instead of the recaptured credit from each property. If an unused
general business credit could have been used instead of a
recaptured credit from more than one property (for example, the
amount figured in Step 1 or Step 3 for a single year is attributable
to more than one property), apply the unused credit first to the
property with the highest recapture percentage on line 15. When
completing Step 7, add the amounts from Steps 3 and 6
separately by property and enter the results in the corresponding
property column of line 13.
Part III. Recapture From Disposition
of Property or Cessation of Use as
Investment Credit Property
Use Part III to figure any increase in tax for the recapture of an
investment tax credit under section 50.
Line 10. Enter the date (month/day/year) on which the property
was placed in service, using the first day of the month in which
the property was placed in service. For example, if the property
was placed in service on February 20, 2021, enter 02/01/2021
on line 10. See Regulations section 1.47-1(c) for more
information.
Line 11. Generally, this will be the date you disposed of the
property. For more details, see Regulations section 1.47-1(c).
Line 12. Do not enter partial years. If the property was held less
than 12 months, enter -0-. In case of failure to attain or maintain
the separation and sequestration requirements applicable to a
Phase II or III gasification program or a Phase II or III advanced
coal program, enter -0-. In case of an applicable transaction by
an applicable taxpayer before the close of the 10-year period
beginning on the date such taxpayer placed in service
investment credit property that is eligible for the advanced
manufacturing investment credit, enter -0-.
Disallowed passive activity credits (as defined in section
469(d)(2)) can be used in the calculation of line 13 only
!
CAUTION
to the extent that credits from passive activities are
included in the credits subject to recapture.
Unused credits other than “specified credits” (as defined in
section 38(c)(4)(B)) and eligible small business credits (ESBCs)
can be used in the calculation of line 13 taking into account the
limitation under section 38(c)(1)(A).
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Instructions for Form 4255 (Rev. 12-2023)
Worksheet 2
Use Worksheet 2 to calculate the amount of unused general business credits that would have been allowed under section 38 had
there been no credit from the recapture property. If you need to account for more than 5 years, complete Steps 4 through 6 for those
years on additional copies of the worksheet. Include the total for all years on Step 7.
First
Year
Year
Year
Year
Year
Steps
______ ______ ______ ______ ______
Total
Step 1. Identify the first year that an amount from line 6 was
allowed as a credit. Enter that amount as a positive number . . .
Step 2. Figure the amount of other general business credits that
could have been used in that year had the amount in Step 1 not
been allowed. Enter the result as a positive number . . . . . . . .
Step 3. Subtract any general business credits that were actually
allowed in any previous tax year from the result of Step 2 . . . . .
Step 4. For the following year, figure the reduction in general business
credits that would have been allowed for that year if:
______
______
______
______
1. No amount on line 6 had been allowed as a credit, and
2. Any other credits were used as calculated in Step 2 above . . . . . . . . . .
Step 5. Figure the amount of other general business credits that would have
been allowed to offset the reduction figured in Step 4 . . . . . . . . . . . . . . .
Step 6. Subtract any general business credits that were actually allowed in
any previous tax year from the result of Step 5 . . . . . . . . . . . . . . . . . . . .
Step 7. Repeat Steps 4 through 6 above for each of the following tax years. Then add the amount from Step 3 to the
amount from each iteration of Step 6. Enter the result on line 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
______ ______ ______ ______
______ ______ ______ ______
______ ______ ______ ______
______
______
increase your basis for property A by $60,000 ($21,600 +
$38,400).
Line 14. Subtract line 13 from line 6 to calculate the aggregate
decrease in general business credits that would have been
allowed under section 38 had there been no credit from this
property.
Example 2. The facts are the same as in Example 1, except
that you also earned an energy credit on property B in 2021 of
$12,000, which you didn’t use to offset your tax. As before, you
disposed of property A in June of 2023. You enter $36,000 on
line 6 (the credit from property A used in 2021 and 2022).
However, you could have used your $12,000 of unused credit
from property B for 2021 against your 2021 tax had no credit
been available from property A. Therefore, you enter $12,000 on
line 13 and $24,000 ($36,000 - $12,000) on line 14. Your total
increase in tax for 2023 is $14,400 (60% of $24,000). Your
remaining credit carryforward for property A is also reduced by
the recapture percentage of 60%. Your remaining carryforward is
$25,600 (40% of $64,000). You increase your basis for property
A by $52,800 ($14,400 + $38,400).
Line 15. Enter the recapture percentage from the following
table. Enter 100 for certain expansions in connection with
advanced manufacturing facilities. See section 50(a)(3)(A).
IF the number of full years on
line 12 of Form 4255 is . . .
THEN the recapture percentage
is . . .
0
1
2
3
4
100
80
60
40
20
0
5 or more
Example 3. In January of 2021, Maayan earned an energy
credit of $100,000 from property A. She used all of the credit to
offset $100,000 of tax in 2021. In 2022, Maayan earned an
energy credit of $75,000 from property B and used none of the
credit to offset tax. In June of 2023, property A ceased to be
investment credit property and Maayan must refigure the credit
from property A. Her recapture percentage is 60%. She enters
$100,000 on line 6. However, Maayan could have carried the
energy credit of $75,000 from property B back to 2021 had no
credit been available from property A. Therefore, she enters
$75,000 on line 13 and $25,000 ($100,000 - $75,000) on line 14.
Maayan’s total increase in tax for 2023 is $15,000 (60% of
$25,000). She increases her basis in property A by $15,000.
Example 4. In July of 2021, Ian earned an energy credit of
$100,000 from property A. Ian used $1,000 of the credit to offset
tax in 2021 and used $99,000 as a carryforward to offset tax in
2022. In 2023, he earned an energy credit of $75,000 from
property B and used none of the credit to offset tax.
On February 1, 2023, property A ceased to be investment
credit property and Ian must refigure the credit from property A.
His recapture percentage is 80%. He enters $100,000 on line 6.
Line 16. Multiply the amount on line 14 by the percentage on
line 15 to calculate the recapture tax due to disposition or
cessation of use as an investment credit property.
Example 1. In January of 2021, you earned an energy credit
of $100,000 on property A. You used $20,000 of the credit to
offset tax in 2021 and used $16,000 as a carryforward to offset
tax in 2022. You had $64,000 remaining carryforward for
property A at the end of 2022. You have no other tax credits for
other properties for any other years.
You disposed of the property in June of 2023. Your recapture
percentage is 60%. Because you have no other credits for
properties for other years, you enter -0- on line 13. You enter
$36,000 on line 6 (the credit from property A used in 2021 and
2022). Your total increase in tax for 2023 is $21,600 (60% of
$36,000). Your remaining credit carryforward for property A is
also reduced by the recapture percentage of 60%. Your
remaining carryforward is $25,600 (40% of $64,000). You
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Instructions for Form 4255 (Rev. 12-2023)
No carryback or carryforward credits are available for 2021 to
offset the $1,000 credit used for property A. However, Ian could
have carried the energy credit of $75,000 from property B back
to 2022 had no credit been available from property A that year.
Therefore, he enters $75,000 on line 13 and $25,000
($100,000 - $75,000) on line 14. Ian’s total increase in tax for
2023 is $20,000 (80% of $25,000). He increases his basis in
property A by $20,000.
Instructions for Form 1065 for more information on how to
allocate this amount to the partners. S corporations, enter the
amount from line 20 on Form 1120-S, U.S. Income Tax Return for
an S Corporation, Schedule K, line 17d, using code G. See the
Instructions for Form 1120-S for more information. Estates and
trusts, enter the amount from line 20 on Form 1041, U.S. Income
Tax Return for Estates and Trusts, Schedule G, line 6a. See the
Instructions for Form 1041 for more information.
Example 5. A and B each contributed $150,000 of cash to
AB partnership for the purpose of investing in energy property.
The partnership agreement provides that A and B share equally
in all items of income, gain, loss, deduction, and credit of AB
partnership. AB partnership invests $300,000 in an energy
property in accordance with section 48 and places the energy
property in service on January 1, 2023. As of the end of 2023,
AB partnership has $90,000 of eligible credits under section 48
for the energy property. Before the due date for AB partnership's
2023 tax return (with extension), AB partnership transfers the
$90,000 of eligible credits to an unrelated transferee taxpayer X
for $80,000.
In 2024, A reduces her proportionate interest in the general
profits of the partnership by 50%, causing a recapture event to A
under Regulations section 1.47-6(a)(2). The energy property is
not disposed of by the transferor partnership and continues to be
energy property with respect to such transferor partnership. AB
partnership should not provide notice of recapture to transferee
taxpayer X as a result of the recapture event under Regulations
section 1.47-6(a)(2) for A's sale and transferee taxpayer X is not
liable for any recapture amount. A, however, is subject to
recapture as provided in Regulations section 1.47-6(a)(2) and
based on her share of the basis (or cost) of the energy property
to which the eligible credits were determined under Regulations
section 1.46-3(f)(2).
Paperwork Reduction Act Notice. We ask for the information
on this form to carry out the Internal Revenue laws of the United
States. You are required to give us the information. We need it to
ensure that you are complying with these laws and to allow us to
figure and collect the right amount of tax.
You are not required to provide the information requested on
a form that is 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 and business taxpayers filing this form is approved
under OMB control number 1545-0074 and 1545-0123 and is
included in the estimates shown in the instructions for their
individual and business income tax returns. The estimated
burden for all other taxpayers who file this form is shown below.
Recordkeeping. . . . . . . . . . . . . . . .
6 hr., 27 min.
1 hr., 35 min.
1 hr., 46 min.
Learning about the law or the
form . . . . . . . . . . . . . . . . . . . . . . . .
Lines 17 and 18. If you used separate statements to list
additional properties, write to the left of the entry space “Tax from
attached” and the total tax from the separate statements. Include
the amounts from these statements in the totals for lines 17 and
18, respectively.
Preparing and sending the form to
the IRS . . . . . . . . . . . . . . . . . . . . . .
Line 19. Reserved for future use.
If you have comments concerning the accuracy of these time
estimates or suggestions for making this form simpler, we would
be happy to hear from you. See the instructions for the tax return
with which this form is filed.
Line 20. Enter the line 20 amount on the appropriate line of your
tax return (for example, 2023 Form 1120, U.S. Corporation
Income Tax Return, Schedule J, line 9a). Partnerships, enter the
amount from line 20 on Form 1065, U.S. Return of Partnership
Income, Schedule K, line 20c, using code H. See the
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Instructions for Form 4255 (Rev. 12-2023)