8835 Renewable Electricity, Refined Coal, and Indian Coal Pro

2007 Form 8835, Renewable Electricity, Refined Coal,
and Indian Coal Production Credit
Purpose: This is the second circulated draft of the 2007 Form 8835, Renewable
Electricity, Refined Coal, and Indian Coal Production Credit, for your review and
comments. The major changes listed below are only the changes made since the
first circulated draft.
TPCC Meeting: None, but one may be arranged if requested.
First Circulation: The first circulated draft of the 2007 Form 8835 is available at:
http://taxforms.web.irs.gov/Products/Drafts/2007-2/07f8835_d1.pdf
Prior Version: The 2006 Form 8835 is available at:
http://www.irs.gov/pub/irs-pdf/f8835.pdf
Other Products: Circulations of draft tax forms, instructions, notices, and
publications are posted at:
http://taxforms.web.irs.gov/draft_products.html
Comments: Please email, fax, call, or mail any comments to me and email the
reviewer, Sharon Dewsbury, at [email protected] by July 16, 2007.

Mike Cyrus
Tax Forms and Publications
SE:W:CAR:MP:T:B:C
Email: [email protected]
Ph: 202.927.9545
Fax: 202.622.3262

2007 Form 8835 Major Changes
1] The Form 3800 line reference on lines 10 and 12 is changed from "1g" to "1f"
because the lines on the 2007 Form 3800 are renamed.
2] On lines 36d and 36e, the text “Non-business” is added to the names of the
credits for clarity.
3] Line 41 is expanded to allow for the credits which do not flow through the Form
3800, conforming to other forms which have been similarly expanded. This
expansion is due partly to P.L. 110-28, section 8214, which waived the AMT for
the IRC section 51 and 45B credits.

In the Instructions, the instructions for lines 28, 30, 41, and part of line 43 are removed since
they are no longer applicable.

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Form

I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8835, PAGE 1 OF 4
MARGINS; TOP 13mm (1⁄ 2 "), CENTER SIDES. PRINTS: HEAD TO HEAD
PAPER: WHITE, WRITING, SUB. 20
INK: BLACK
FLAT SIZE: 216mm (81⁄ 2 ") 3 279mm (11")
PERFORATE: ON FOLD
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

8835

Department of the Treasury
Internal Revenue Service

Name(s) shown on return

Action

Date

Signature

O.K. to print
Revised proofs
requested

OMB No. 1545-1362

Renewable Electricity, Refined Coal,
and Indian Coal Production Credit

2007

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©

Attachment
Sequence No.

Attach to your tax return.

95

Identifying number

Section A. Electricity produced at qualified facilities placed in service prior to October 23, 2004
1
2
3
4
5
6
7
8
9
10
11
12

Kilowatt-hours produced and sold (see instructions)
3 0.02
$
Phaseout adjustment (see instructions)
3
Credit before reduction. Subtract line 2 from line 1
Reduction for government grants, subsidized financing, and other credits:
Total of government grants, proceeds of tax-exempt government obligations, subsidized energy financing,
and any federal tax credits allowed for the project for this and all prior tax years (see instructions)
Total of additions to the capital account for the project for this and all prior tax years
Divide line 4 by line 5. Show as a decimal carried to at least 4 places
Multiply line 3 by line 6
Subtract line 7 from line 3
Section A, renewable electricity production credit from partnerships, S corporations,
cooperatives, estates, and trusts
Add lines 8 and 9. Cooperatives, estates, and trusts, go to line 11; partnerships and S corporations,
report this amount on Schedule K; all others, report this amount on Form 3800, line 1f
Amount allocated to patrons of the cooperative or beneficiaries of the estate or trust (see instructions)
Cooperatives, estates, and trusts. Subtract line 11 from line 10. Report the credit on
Form 3800, line 1f

1
2
3

4
5
6
7
8

.

9

10
11
12

Section B. Electricity and refined coal produced at qualified facilities placed in service after
Part I

1

2
3
4
5
6
7
8
9
10
11
12
13
14
15

16
17
18
19
20
21

October 22, 2004, and Indian coal produced at facilities placed in service after August 8, 2005
Current Year Credit

Electricity produced at qualified facilities using wind, closed-loop biomass not modified
for co-fire purposes, geothermal, and solar
Kilowatt-hours produced and sold (see instructions)
0.02
3
Electricity produced at qualified facilities using open-loop biomass, small irrigation power,
landfill gas, trash combustion, and hydropower
Kilowatt-hours produced and sold (see instructions)
3
.01
Add lines 1 and 2
$
Phaseout adjustment (see instructions)
3
Subtract line 4 from line 3
Refined coal produced at a qualified refined coal production facility
3 $5.877
Tons produced and sold (see instructions)
$
3
Phaseout adjustment (see instructions)
Subtract line 7 from line 6
Indian Coal produced at a qualified Indian coal production facility
Tons produced and sold (see instructions)
3 $1.544
Credit before reduction. Add lines 5, 8, and 9
Reduction for government grants, subsidized financing, and other credits:
Total of government grants, proceeds of tax-exempt government obligations, subsidized energy financing,
and any federal tax credits allowed for the project for this and all prior tax years (see instructions)
Total of additions to the capital account for the project for this and all prior tax years
Divide line 11 by line 12. Show as a decimal carried to at least 4 places
Multiply line 10 by the lesser of 1⁄ 2 or line 13
Subtract line 14 from line 10
Electricity produced at qualified closed-loop biomass facilities modified to co-fire with
coal, other biomass, or both
Thermal content of closed-loop biomass used in the facilities
Thermal content of all fuels used in the facilities
Divide line 16 by line 17. Show as a decimal carried to at least two places
Kilowatt-hours produced and sold (see instructions)
3 0.02
Multiply line 19 by line 18
Phaseout adjustment (see instructions)
$
3

For Paperwork Reduction Act Notice, see instructions.

Cat. No. 14954R

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Form

8835

(2007)

3
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8835, PAGE 2 OF 4
MARGINS; TOP 13mm (1⁄ 2 "), CENTER SIDES. PRINTS: HEAD TO HEAD
PAPER: WHITE, WRITING, SUB. 20
INK: BLACK
FLAT SIZE: 216mm (81⁄ 2 ") 3 279mm (11")
PERFORATE: ON FOLD
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 8835 (2007)

Part I

Continued

Page

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22
23

Subtract line 21 from line 20
Section B, renewable electricity, refined coal, and Indian coal production credit from partnerships,
S corporations, cooperatives, estates, and trusts

24

Add lines 15, 22, and 23. Partnerships and S corporations, report this amount on Schedule K;
all others continue to line 25

25

Renewable electricity, refined coal, and Indian coal production credit included on line 24 from
passive activities (see instructions)
Subtract line 25 from line 24
Renewable electricity, refined coal, and Indian coal production credit allowed for 2007 from a
passive activity (see instructions)
Carryforward of renewable electricity, refined coal, and Indian coal production credit to 2007.
Carryback of renewable electricity, refined coal, and Indian coal production credit from 2008 (see
instructions)
Add lines 26 through 29. Cooperatives, estates, and trusts, go to line 31; all others, go to Part II
Amount allocated to patrons of the cooperative or beneficiaries of the estate or trust (see instructions)
Cooperatives, estates, and trusts. Subtract line 31 from line 30. Use this amount to complete Part II

26
27
28
29
30
31
32

Part II
33
34
35
36a

Allowable Credit

Regular tax before credits (see instructions)
Alternative minimum tax (see instructions)
Add lines 33 and 34
Credits from Form 1040, lines 47 through 50 and 52 through 54 (or
36a
Form 1040NR, lines 44, 45, and 47 through 49)
36b
Foreign tax credit
36c
Credits from Forms 5735 and 8834
36d
Non-business alternative motor vehicle credit (Form 8910, line 18)
36e
Non-business alternative fuel vehicle refueling property credit (Form 8911, line 19)
Add lines 36a through 36e
Net income tax. Subtract line 36f from line 35. If zero, skip lines 38 through 41 and enter-0- on line 42
Net regular tax. Subtract line 36f from line 33. If zero or less, enter -0Enter 25% (.25) of the excess, if any, of line 38 over $25,000 (see instructions)
Subtract line 39 from line 37. If zero or less, enter -041a
General business credit (Form 3800, line 19)
41b
Empowerment zone and renewal community employment credit (Form 8844, line 26)
41c
Work opportunity credit (Form 5884, line 22)
41d
Alcohol fuels credit (Form 6478, line 24)

b
c
d
e
f
37
38
39
40
41a
b
c
d
e Add lines 41a through 41d
42 Subtract line 41e from line 40. If zero or less, enter -043 Credit allowed for the current year. Cooperatives, estates, and trusts. Enter the smaller of
line 32 or line 42. Report this amount on Form 1041, Schedule G, line 2c; or Form 1120-C,
Schedule J, line 5c. If line 42 is smaller than line 32, see instructions. All others. Enter the smaller
of line 30 or line 42. Report this amount on Form 1040, line 55; Form 1040NR, line 50; Form 1120,
Schedule J, line 5c; or the applicable line of your return. If line 42 is smaller than line 30, see
instructions

General Instructions
Section references are to the Internal Revenue
Code.

Purpose of Form
Use Form 8835 to claim the renewable electricity,
refined coal, and Indian coal production credit.
The credit is allowed only for the sale of
electricity, refined coal, or
Indian coal produced in the United States or U.S.
possessions from qualified energy resources at a
qualified facility (see Definitions on page 3).
Generally, if you are a taxpayer that is not a
partnership or S corporation, and your only
source of this credit is from a partnership,
S corporation, estate, trust, or cooperative, you
are not required to complete Section A of this
form. Instead, you can report this credit directly
on line 1f of Form 3800. The following exceptions
apply.

2

● You are an estate or trust and the source credit
can be allocated to beneficiaries. For more
details, see the Instructions for Form 1041,
Schedule K-1, box 13.
● You are a cooperative and the source credit
can or must be allocated to patrons. For more
details, see the Instructions for Form 1120-C,
Schedule J, line 5c.

How To Figure the Credit
Generally, the credit is 1.5 cents per kilowatt-hour
(kWh) for the sale of electricity produced by the
taxpayer from qualified energy resources at a
qualified facility during the credit period (see
Definitions on page 3). The 1.5 cents credit
amount is reduced by 1⁄ 2 for open-loop biomass,
small irrigation, landfill gas, trash combustion,
and hydropower facilities. In the case of a
closed-loop biomass facility, the 1.5 cent amount
is multiplied by the ratio of the thermal content of
the closed-loop biomass used in the facility to the

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23

24

25
26
27
28

29
30
31
32
33
34
35

36f
37
38
39
40

41e
42

43

thermal content of all fuels used in the facility.
The credit is $4.375 per ton for the sale of refined
coal produced at a qualified facility during the
credit period; see section 45(e)(8)(A). The credit is
$1.50 per ton for the sale of Indian coal produced
at a qualified facility during the credit period.
The credit for electricity produced is
proportionately phased out over a 3-cent range
when the reference price exceeds the 8-cent
threshold price. The refined coal credit is
proportionately phased out over an $8.75 range
when the reference price of fuel used as
feedstock exceeds 1.7 times the 2002 reference
price. The 1.5-cent credit rate, the 8-cent
threshold price, the $4.375 refined coal rate, and
the reference price of fuel used as a feedstock
are adjusted for inflation. The reference price and
the inflation adjustment factor (IAF) for each
calendar year are published during the year in the
Federal Register. If the reference price is less than
the threshold price (adjusted by the IAF), there is
Form

8835

(2007)

3
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8835, PAGE 3 OF 4
MARGINS; TOP 13mm (1⁄ 2 "), CENTER SIDES. PRINTS: HEAD TO HEAD
PAPER: WHITE, WRITING, SUB. 20
INK: BLACK
FLAT SIZE: 216mm (81⁄ 2 ") 3 279mm (11")
PERFORATE: ON FOLD
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 8835 (2007)

no reduction. For electricity produced, if the
reference price is more than 3 cents over the
adjusted threshold price, there is no credit; if the
reference price is more than the threshold price,
but not more than 3 cents over the adjusted
threshold price, there is a phaseout adjustment
on line 2 of Section A and lines 4 and 21 of
Section B. For refined coal produced, if the
reference price is more than $8.75 over the
adjusted threshold price, there is no credit; if the
reference price is more than the threshold price,
but not more than the $8.75 over the adjusted
threshold price, there is a phaseout adjustment
on line 7 of Section B.
Note. For calendar year 2007, the effective credit
rate for electricity, refined coal, and Indian coal
produced and sold is, respectively, 2.0 cents per
kWh, $5.877 per ton and $1.544 per ton; there is
no phaseout adjustment.
Section A example. If the reference price of
electricity is 10.0¢ and the adjusted threshold
price is 9.0¢, reduce the credit by 1/3 ((10.0¢ –
9.0¢) 4 3¢ = .3333). Enter the line 1 credit in the
first entry space on line 2, .3333 in the second
entry space, and multiply to figure the reduction.

Definitions
Resources means wind, closed-loop biomass,
poultry waste, open-loop biomass, geothermal
energy, solar energy, small irrigation power,
municipal solid waste, hydropower production,
refined coal, and Indian coal.
Closed-loop biomass is any organic material
from a plant that is planted exclusively for use at
a qualified facility to produce electricity.
Poultry waste is poultry manure and litter,
including wood shavings, straw, rice hulls, and
other bedding material for the disposition of
manure.
Open-loop biomass is solid, nonhazardous,
cellulosic waste material; lignin material; or
agricultural livestock waste nutrients as defined in
section 45(c)(3). See Notice 2006-88, 2006-42
I.R.B. 686, for rules related to open-loop biomass,
including an expanded definition of a qualified
facility and rules related to sales.
Geothermal energy is energy derived from a
geothermal deposit as defined by section
613(e)(2).
Small irrigation power is power generated
without any dam or impoundment of water. See
section 45(c)(5).
Municipal solid waste is solid waste as
defined under paragraph 27 of 42 U.S.C. 6903.
Refined coal is a liquid, gaseous, or solid fuel
produced from coal or high carbon fly ash
meeting the requirements of section 45(c)(7).
Hydropower production means the
incremental hydropower production for the tax
year from any hydroelectric dam placed in service
on or before 8/8/2005 and the hydropower
production from any nonhydroelectric dam
described in section 45(c)(8)(C).
Indian coal means coal which is produced
from coal reserves which on 6/14/05 were owned
by an Indian tribe or held in trust by the United
States for the benefit of an Indian tribe or its
members.
Qualified facility is any of the following facilities
owned by the taxpayer and used to produce
electricity or, in the case of coal production
facilities, refined and Indian coal. The facilities are
broken down by form section.
Section A
● Poultry waste facility placed in service after
12/31/99 and before 1/1/05.

Page

● Wind facility placed in service after 12/31/93
and before 10/23/04.
● Closed-loop biomass facility placed in service
after 12/31/92 and before 10/23/04.

3

are adjacent to the territorial waters over which
the United States has exclusive rights according
to international law.

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Section B
● Wind facility placed in service after 10/22/04
and before 1/1/09.
● Closed-loop biomass facility placed in service
after 10/22/04 and before 1/1/09.
● Closed-loop biomass facility modified to co-fire
with coal or other biomass (or both), placed in
service before 1/1/09. See section 45(d)(2).
● Open-loop biomass facility using cellulosic
waste placed in service before 1/1/09.
● Open-loop biomass facility using agricultural
livestock waste placed in service after 10/22/04
and before 1/1/09 and the nameplate capacity
rating is not less than 150 kilowatts.
● Geothermal energy facility placed in service
after 10/22/04 and before 1/1/09.
● Solar energy facility placed in service after
10/22/04 and before 1/1/06.
● Small irrigation power facility placed in service
after 10/22/04 and before 1/1/09.
● Landfill gas or trash combustion facility using
municipal solid waste placed in service after
10/22/04 and before 1/1/09.
● A refined coal production facility originally
placed in service after 10/22/04 and before
1/1/09.
● Hydropower facility producing incremental
hydroelectric production attributable to efficiency
improvements or additions to capacity described
in section 45(c)(8)(B) placed in service after 8/8/05
and before 1/1/09 and any other facility producing
qualified hydroelectric production described in
section 45(c)(8) placed in service after 8/8/05 and
before 1/1/09.
● Indian coal production facility placed in service
before 1/1/09.
A qualified facility does not include a refined coal
production facility or landfill gas facility using
municipal solid waste to produce electricity, if the
production from that facility is allowed as a credit
under section 45K.
Credit period is:
● 10 years for a wind, poultry waste, closed-loop
biomass (not modified for co-fire purposes), or
refined coal production facility, beginning on the
date the facility was placed in service.
● 10 years for a closed-loop biomass facility
modified to co-fire with coal, other biomass (or
both), beginning on the date the facility was
placed in service, but not earlier than 10/22/04.
● 10 years for a hydropower facility, beginning on
the date the efficiency improvements or additions
to capacity are placed in service.
● 7 years for an Indian coal production facility,
beginning on the date the facility was placed in
service, but not before 1/1/2006.
● 5 years for an open-loop biomass facility using
agricultural livestock waste, geothermal, solar
energy, small irrigation power, landfill gas, or
trash combustion facility, beginning on the date
the facility was placed in service, if placed in
service during the period after 10/22/04 and
before 8/9/05. The credit period is 10 years if
placed in service after 8/8/05.
● 5 years for an open-loop biomass facility using
cellulosic waste, beginning on the date the facility
was placed in service, but not earlier than 1/1/05.
United States and U.S. possessions include the
seabed and subsoil of those submarine areas that

Who Can Take the Credit
Generally, the owner of the facility is allowed the
credit. In the case of closed-loop biomass
facilities modified to co-fire with coal, other
biomass, or both and open-loop biomass
facilities, if the owner is not the producer of the
electricity, the lessee or the operator of the facility
is eligible for the credit.

Specific Instructions for
Section A and Section B
Note. Where line references between Section A
and B differ, the Section B line references are in
parentheses.
Figure any renewable electricity, refined coal,
and Indian coal production credit from your trade
or business on lines 1 through 8 (lines 1 through
22 of Section B). Skip lines 1 through 8 (lines 1
through 22 of Section B) if you are only claiming a
credit that was allocated to you from an S
corporation, partnership, cooperative, estate, or
trust.
Fiscal year taxpayers. If you have sales in 2007
and 2008 and the credit rate on line 1 (lines 1, 2,
6, 9, or 19 of Section B) or the phaseout
adjustment on line 2 (lines 4, 7, or 21 of Section
B) is different for 2008, make separate
computations for each line. Use the respective
sales, credit rate, and phaseout adjustment for
each calendar year. Enter the total of the two
computations on the credit rate line(s)—line 1
(lines 1, 2, 6, 9, or 19 of Section B)—or the
phaseout adjustment line(s)—line 2 (lines 4, 7, or
21 of Section B). Attach the computations to
Form 8835 and write “FY” in the margin.

Part I—Current Year Credit
Line 1 (Line 19, Section B)
Enter the kilowatt-hours of electricity produced at
qualified facilities and multiply by $.02. Fiscal year
filers with 2008 sales may have to refigure lines 1
and 19 as explained under Fiscal year taxpayers
above.
Line 2, Section B only
Enter the kilowatt-hours of electricity produced
and sold at qualified facilities and multiply by
$.01. Fiscal filers with 2008 sales must figure line
2 as explained under Fiscal year taxpayers above.
Line 2, Section A (Lines 4 and 21, Section B)
Calendar year filers enter zero on lines 2, 4, and
21. Fiscal year filers with sales in 2008 also enter
zero if the published 2008 reference price is equal
to or less than the 2008 adjusted threshold price.
See How To Figure the Credit on page 2 to figure
the adjustment.
Line 6, Section B only
Enter the tons of refined coal produced and sold
during 2007 from a qualified refined coal
production facility and multiply by $5.877. Fiscal
filers with 2008 sales must figure line 6 as
explained under Fiscal year taxpayers above.
Line 7, Section B only
Calendar year filers enter zero on line 7. Fiscal
year filers with sales in 2008 also enter zero if the
published 2008 reference price is equal to or less
than 1.7 times the 2002 reference price. See How
To Figure the Credit on page 2 to figure the
adjustment.

3
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8835, PAGE 4 OF 4
MARGINS; TOP 13mm (1⁄ 2 "), CENTER SIDES. PRINTS: HEAD TO HEAD
PAPER: WHITE, WRITING, SUB. 20
INK: BLACK
FLAT SIZE: 216mm (81⁄ 2 ") 3 279mm (11")
PERFORATE: ON FOLD
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 8835 (2007)

Line 9, Section B only
Enter the tons of Indian coal produced and sold
from a qualified Indian coal facility and multiply by
$1.544.
Line 4, Section A (Line 11, Section B)
Enter the sum, for this and all prior tax years, of:
● Grants provided by the United States, a state,
or political subdivision of a state for the project;
● Proceeds of a tax-exempt issue of state or
local government obligations used to provide
financing for the project;
● Total of subsidized energy financing provided
directly or indirectly under a federal, state, or local
program provided for the project; and
● The amount of any federal tax credit allowable
for any property that is part of the project.
Line 25, Section B
Enter the amount included on line 24 that is from
a passive activity. Generally, a passive activity is
a trade or business in which you did not
materially participate. Rental activities are
generally considered passive activities, whether
or not you materially participate. For details, see
Form 8582-CR, Passive Activity Credit Limitations
(for individuals, trusts, and estates), or 8810,
Corporate Passive Activity Loss and Credit
Limitations (for corporations).
Line 27, Section B
Enter the passive activity credit allowed for the
2007 renewable electricity, refined coal, and
Indian coal production credit from
Form 8582-CR or Form 8810.
Line 29, Section B
Use only if you amend your 2007 return to carry
back an unused renewable electricity, refined
coal, and Indian coal production credit from 2008.
Line 11, Section A (Line 31, Section B)
Cooperative election to allocate credit to
patrons. A cooperative described in section
1381(a) can elect to allocate any part of the
renewable electricity, refined coal, and Indian coal
production credit among the patrons of the
cooperative. The credit is allocated among the
patrons eligible to share in patronage dividends
on the basis of the quantity or value of business
done with or for such patrons for the tax year.

Page

The cooperative is deemed to have made the
election by completing line 11 or line 31, as
applicable. However, the election is not effective
unless (a) made on a timely filed return (including
extensions) and (b) the organization designates
the apportionment in a written notice mailed to its
patrons during the payment period described in
section 1382(d).
If you timely file 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). Enter
“Filed pursuant to section 301.9100-2” on the
amended return.
Once made, the election cannot be revoked.
Estates and trusts. Allocate the credit on line 10
(line 30 of Section B) between the estate or trust
and the beneficiaries in the same proportion as
income was allocated and enter the beneficiaries’
share on line 11 (line 31 of Section B).

4

Line 36c, Section B
Enter any American Samoa economic
development credit and any qualified electric
vehicle credit allowed for the current year.

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Part II—Allowable Credit

The credit allowed for the current year may be
limited based on your tax liability. If you are
completing Section B, you must complete
Part II to figure the allowable credit. If you are
completing Section A, you must file
Form 3800, General Business Credit, to figure the
allowable credit.
Line 33, Section B
Enter the regular tax before credits from the
following line of the appropriate form or
schedule.
● Individuals. Enter the amount from
Form 1040, line 44 (or Form 1040NR, line 41).
● Corporations. Enter the amount from
Form 1120, Schedule J, line 2, or the applicable
line of your return.
● Estates and trusts. Enter the sum of the
amounts from Form 1041, Schedule G,
lines 1a and 1b, or the amount from the
applicable line of your return.

Line 34, Section B
Enter the alternative minimum tax (AMT) from
the following line of the appropriate form or
schedule.
● Individuals. Enter the amount from
Form 6251, line 35.
● Corporations. Enter the amount from
Form 4626, line 14.
● Estates and trusts. Enter the amount from Form
1041, Schedule I, line 56.

Line 39, Section B
See section 38(c)(5) for special rules that apply to
married couples filing separate returns, controlled
groups, regulated investment companies, real
estate investment trusts, and estates and trusts.
Line 43, Section B
If you cannot use all of the credit because of
the tax liability limit, carry any unused current
year credit back 1 year and then forward up to 20
years.
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 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
21 hr., 16 min.
Learning about the law
or the form
1 hr.
Preparing and sending
the form to the IRS
1 hr., 22 min.
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.