General Business Credit

Forms and Documents

Document Name	Status
Form 3800 General Business Credit Form	Modified
2008 Summary of changes for Form 3800.pdf Justification for No Material/Nonsubstantive Change	2008-11-17
ombat2.doc Supplementary Document	2007-08-16
3800 SUP.doc Supporting Statement A	2007-08-16

IC Document Collections

IC ID	Document Title	Status
39869	General Business Credit Form	Modified

ICR Details

OMB Control No: 1545-0895	ICR Reference No: 200810-1545-028
Status: Historical Active	Previous ICR Reference No: 200708-1545-021
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: General Business Credit
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/25/2010
	Date Received in OIRA: 11/20/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2010	12/31/2010	12/31/2010
Responses	179,650	0	179,650
Time Burden (Hours)	4,643,953	0	3,131,300
Cost Burden (Dollars)	0	0	0

---

Abstract: IRC section 38 permits taxpayers to reduce their income tax liability by the amount of their general business credit, which is an aggregation of their investment credit, jobs credit, alcohol fuel credit, research credit, low-income housing credit, disabled access credit, enhanced oil recovery credit, etc. Form 3800 is used to figure the correct credit.

---

Authorizing Statute(s): US Code: 26 USC 38 Name of Law: General business credit
  

Citations for New Statutory Requirements: PL: Pub.L. 110 - 289 3022 Name of Law: Housing and Economic Recovery Act of 2008
PL: Pub.L. 111 - 5 1201(b) Name of Law: American Recovery and Reinvestment Act

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 29038	05/23/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 52430	09/13/2007
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
General Business Credit	3800	General Business Credit

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	179,650	179,650	0	0	0	0
Annual Time Burden (Hours)	4,643,953	3,131,300	620,075	892,578	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Housing and Economic Recovery Act of 2008 (P.L. 110-289), Sec. 3022, allows the low-income housing credit and the rehabilitation credit to be used against Alternative Minimum Tax (AMT) after 2007. Part II of the form was extended to incorporate the new low-income housing credit and the rehabilitation credit as part of the general business credits that are allowed against AMT. As a result, lines 20 through 32 were added to Part II to calculate the allowable credit for all credits allowed against AMT. This change allows for an easier addition of future credits allowed against AMT. Also, due to its expiration under IRC 1400P, the Hurricane Katrina housing credit from pass-through entities was removed. These changes resulted in a total burden increase of 620,075 hours. Additionally, for its first tax year ending after March 31, 2008, a corporation can elect to claim a refundable credit for certain unused research credits in lieu of the special depreciation allowance for eligible qualified property. This election is extended (by the American Recovery and Reinvestment Tax Act of 2009 (PL 111-5) for one year to apply to property that is placed in service in 2009 (extension property). Corporations may also choose not to have this election apply to extension property, or to make this election only for extension property if the election was not made in its first tax year ending after March 31, 2008. Due to the National Disaster Relief Act (P.L. 110-343), the qualified railroad track maintenance credit is extended and now allowed to offset AMT. Also, according the P.L. 110-343, the following two credits were added: Credits for affected Midwestern disaster area employers (which was previously reported on Form 5884-A) and Carbon dioxide sequestration credit (previously reported on Form 8933). Due to the Food Conservation and Energy Act of 2008 (P.L. 110-234) the Agricultural chemicals security credit was added to form 3800 (previously reported on Form 8931). Also, the Credit for employer differential wage payments was added due to the Heroes Earnings Assistance and Relief Tax Act of 2008 (P.L. 110-245), which was previously reported on Form 8932. All of these credits are now found on the Form 3800, the General Business Credit form. Part II has been expanded to accommodate all of these general business credits that are allowed against the AMT. These changes have resulted in an additional burden increase of 892,578 hours.

---

Annual Cost to Federal Government: $3,500

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Yes

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 11/20/2009

---