Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ions/i3468/2022/a/xml/cycle05/source (Init. & Date) _______ Page 1 of 18 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2022 Instructions for Form 3468 Investment Credit Section references are to the Internal Revenue Code unless otherwise noted. General Instructions Future Developments Purpose of Form Use Form 3468 to claim the investment credit. The investment For the latest information about developments related to Form credit consists of the following credits. 3468 and its instructions, such as legislation enacted after they • Rehabilitation. were published, go to IRS.gov/Form3468. • Energy. • Qualifying advanced coal project. What’s New • Qualifying gasification project. New advanced manufacturing investment credit. The • Qualifying advanced energy project. Creating Helpful Incentives To Produce Semiconductors • Advanced manufacturing investment. (CHIPS) Act of 2022, P.L. 117-167, Div. A, sec. 107, added a If you file electronically, you must send in a paper Form 8453, new investment credit equal to 25% of the qualified investment U.S. Individual Income Tax Transmittal for an IRS e-file Return, if in any advanced manufacturing facility for the primary purpose of attachments are required for Form 3468. manufacturing of semiconductors or semiconductor manufacturing equipment. This credit applies to property placed Investment Credit Property in service after 2022, and, for any property the construction of Investment credit property is any depreciable or amortizable which begins prior to 2023, only to the extent of the basis thereof property that qualifies for the rehabilitation credit, energy credit, attributable to the construction, reconstruction, or erection after qualifying advanced coal project credit, qualifying gasification August 9, 2022. See Advanced Manufacturing Investment project credit, qualifying advanced energy project credit, or Credit, later. advanced manufacturing investment credit. If properly elected, an eligible taxpayer, can treat the amount of the credit attributable to any advanced manufacturing facility You can't claim a credit for property that is: for the tax year as a payment against the tax. A partnership or S • Used mainly outside the United States (except for property corporation can elect to receive a payment rather than a credit. described in section 168(g)(4)); See Deemed Payment, later. • Used by a governmental unit or foreign person or entity (except for a qualified rehabilitated building leased to that Inflation Reduction Act of 2022 (IRA 2022). IRA 2022 unit, person, or entity; and property used under a lease with included several new or enhanced energy investment credits a term of less than 6 months); effective for periods after 2022. Fiscal year filers may claim • Used for lodging or in the furnishing of lodging (see section these credits for periods in 2023. IRA 2022 enacted the 50(b)(2) for exceptions); or following. • Certain MACRS business property to the extent it has been • Established new credits for energy storage technology, expensed under section 179. qualified biogas property, and microgrid controllers. • Established bonus credits for domestic content bonus Qualified Progress Expenditures credit, energy communities, and certain solar and wind Qualified progress expenditures are those expenditures made facilities in connection with low-income communities. before the property is placed in service and for which the • Established an election to treat clean hydrogen production taxpayer has made an election to treat the expenditures as facilities as energy properties. progress expenditures. Qualified progress expenditure property • Established new rules regarding prevailing wage is any property that is being constructed by or for the taxpayer requirements and apprenticeship requirements. and which (a) has a normal construction period of 2 years or • Enhanced rules regarding qualifying advanced energy more, and (b) it is reasonable to believe that the property will be project. Additional guidance related to qualifying advanced new investment credit property in the hands of the taxpayer energy project will be posted at IRS.gov/Form3468 in the when it is placed in service. The placed-in-service requirement coming weeks. doesn't apply to qualified progress expenditures. • Established new rules for certain filers to elect to treat credit amounts as deemed payments and rules related to the Qualified progress expenditures for: transfer of certain credits for tax years beginning in 2023, • Self-constructed property means the amount that is properly including short tax years beginning and ending in 2023. chargeable (during the tax year) to a capital account with Additional guidance related to electing the deemed payment respect to that property; or will be posted at IRS.gov/Form3468 in the coming weeks. • Non-self-constructed property means the lesser of: (a) the See Energy Credit and lines 12a–12hh, later, for more amount paid (during the tax year) to another person for the information. construction of the property, or (b) the amount that represents the proportion of the overall cost to the taxpayer of the construction by the other person, which is properly attributable to that portion of the construction that is completed during the tax year. For more information on qualified progress expenditures, see section 46(d) (as in effect on November 4, 1990). For details on Jan 30, 2023 Cat. No. 12277P |
Page 2 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. qualified progress expenditures for the rehabilitation credit, see is subject to recapture to the same extent as if the transferor section 47(d). had disposed of the property at the later date. For details on qualified progress expenditures for the 3. A transaction to which section 381(a) applies (relating to advanced manufacturing investment credit, see section 48D(b) certain acquisitions of the assets of one corporation by (5). another corporation). At-Risk Limit for Individuals and 4. A mere change in the form of conducting a trade or business if: Closely Held Corporations a. The property is retained as investment credit property in The cost or basis of property for investment credit purposes may that trade or business, and be limited if you borrowed against the property and are protected against loss, or if you borrowed money from a person who is b. The taxpayer retains a substantial interest in that trade related or who has an interest (other than as a creditor) in the or business. business activity. The cost or basis must be reduced by the A mere change in the form of conducting a trade or business amount of the nonqualified nonrecourse financing related to the includes a corporation that elects to be an S corporation and a property as of the close of the tax year in which the property is corporation whose S election is revoked or terminated. placed in service. If, at the close of a tax year following the year property was placed in service, the nonqualified nonrecourse For more information, see the Instructions for Form 4255, financing for any property has increased or decreased, then the Recapture of Investment Credit. credit base for the property changes accordingly. The changes may result in an increased credit or a recapture of the credit in See section 46(g)(4) (as in effect on November 4, 1990), the year of the change. See sections 49 and 465 for details. ! and related regulations, if you made a withdrawal from a CAUTION capital construction fund set up under the Merchant Recapture of Credit Marine Act of 1936 to pay the principal of any debt incurred in You may have to refigure the investment credit and recapture all connection with a vessel on which you claimed investment or a portion of it if: credit. • You dispose of investment credit property before the end of 5 full years after the property was placed in service Any required recapture is reported on Form 4255. For details, (recapture period); see Form 4255. • You change the use of the property before the end of the recapture period so that it no longer qualifies as investment credit property; Specific Instructions • The business use of the property decreases before the end of the recapture period so that it no longer qualifies (in whole Generally, (a) an estate or trust whose entire qualified or in part) as investment credit property; ! rehabilitation expenditures or bases in energy property • Any building to which section 47(d) applies will no longer be CAUTION are allocated to beneficiaries, (b) an S corporation, or (c) a qualified rehabilitated building when placed in service; a partnership doesn’t have to complete and attach Form 3468 to • Any property to which section 48(b), 48A(b)(3), 48B(b)(3), its tax return. However, if the estate or trust, S corporation, or 48C(b)(2), 48D(b)(5), or 48E(e) applies will no longer qualify partnership is the owner of or passing through qualified as investment credit property when placed in service; rehabilitation expenditures for a certified historic structure, the • Before the end of the recapture period, your proportionate entity must complete lines 11h and 11i of the form and attach it interest is reduced by more than 1/3 in an S corporation, to its tax return even if the credit is not being claimed by the partnership, estate, or trust that allocated the cost or basis entity. See Shareholders of S Corporations, Partners of of property to you for which you claimed a credit; Partnerships, and Beneficiaries of Estates and Trusts below for • You return leased property (on which you claimed a credit) information that the entity must provide when allocating the to the lessor before the end of the recapture period; credit. • A net increase in the amount of nonqualified nonrecourse financing occurs for any property to which section 49(a)(1) Shareholders of S Corporations, applied; • A grant under section 1603 of the American Recovery and Partners of Partnerships, and Reinvestment Tax Act of 2009 (Section 1603 grant) was Beneficiaries of Estates and Trusts made for section 48 property for which a credit was allowed If you are a shareholder, partner, or beneficiary of the for progress expenditures before the grant was made. designated pass-through entity, the entity will provide to you the Recapture is applicable to those amounts previously information necessary to complete the following. included in the qualified basis for an energy credit, including The qualified investment in qualifying advanced coal project progress expenditures, that are also the basis for the • property for lines 5a through 5c. Section 1603 grant; The qualified investment in qualifying gasification or • A grant under section 9023 of the Patient Protection and • advanced energy project property for lines 6a and 6b. Affordable Care Act was made for investment for which a The information for line 7 less any amount for advanced credit was determined under section 48D (as in effect before • manufacturing investment credit that is treated as deemed its repeal on March 23, 2018) before the grant was made; or payment (if elected on line 10). • You engage in an applicable transaction, as defined in The information for lines 11b through 11g for the section 50(a)(6)(D). • rehabilitation credit. Exceptions to recapture. Recapture of the investment credit • The basis of energy property for lines 12a, 12b, 12c, 12e, doesn't apply to any of the following. 12h, 12k, 12q, 12t, 12w, 12y, 12z, 12bb,12cc, and 12dd. • The kilowatt capacity for lines 12f, 12i, 12l, and 12r. 1. A transfer due to the death of the taxpayer. • The megawatt capacity or horsepower for line 12u. 2. A transfer between spouses or incident to divorce under • Lines 1 through 4 and lines 11h and 11i, if the lessor has section 1041. However, a later disposition by the transferee elected to treat the lessee as having acquired the property. -2- Instructions for Form 3468 (2022) |
Page 3 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. For more information on the new allocation round for section Part I—Information Regarding the 48A credits, see Notice 2020-88, 2020-53 I.R.B. 1795, available Election To Treat the Lessee as the at IRS.gov/irb/2020-53_IRB#NOT-2020-88. Purchaser of Investment Credit Basis. Qualified investment for any tax year is the basis of eligible property placed in service by the taxpayer during the tax Property year that is part of a qualifying advanced coal project. Eligible Generally, for purposes of eligibility for and figuring the amount property is limited to property that can be depreciated or of the investment credit, a lessor of property may elect to treat amortized and that was constructed, reconstructed, or erected the lessee as having acquired the property. Once the election is and completed by the taxpayer; or that is acquired by the made, the lessee will be entitled to an investment credit for that taxpayer if the original use of such property commences with the property for the tax year in which the property is placed in taxpayer. service and the lessor will not be entitled to such a credit. Basis reduction for certain financing. If property is financed If the leased property is disposed of, or otherwise ceases to in whole or in part by subsidized energy financing or by be investment credit property, the property will generally be tax-exempt private activity bonds, the amount that you can claim subject to the recapture rules for early dispositions. as basis is the basis that would otherwise be allowed multiplied by a fraction that is 1 reduced by a second fraction, the The lessor will provide the lessee with all the information numerator of which is that portion of the basis allocable to such needed to complete lines 11h and 11i, if applicable. financing or proceeds, and the denominator of which is the basis For information on making the election, see section 48(d) (as of the property. in effect on November 4, 1990) and related regulations. For For example, if the basis of the property is $100,000 and the limitations, see sections 46(e)(3) and 48(d) (as in effect on portion allocable to such financing or proceeds is $20,000, the November 4, 1990). fraction of the basis that you may claim the credit on is / (that 4 5 is, 1 minus $20,000/$100,000). Line 2 Subsidized energy financing means financing provided under Enter the lessor's full address. Enter the address of the lessor's a federal, state, or local program, a principal purpose of which is principal office or place of business. Include the suite, room, or to provide subsidized financing for projects designed to other unit number after the street address. If the post office conserve or produce energy. doesn't deliver mail to the street address and the lessor has a P.O. box, show the box number instead. Line 5a Do not use the address of the registered agent for the state in which the lessor is incorporated. For example, if a business is Enter the qualified investment in integrated gasification incorporated in Delaware or Nevada and the lessor's principal combined cycle property placed in service during the tax year for place of business is located in Little Rock, AR, you should enter projects described in section 48A(d)(3)(B)(i). Eligible property is the Little Rock address. any property that is part of a qualifying advanced coal project If the lessor receives its mail in care of a third party (such as using an integrated gasification combined cycle and is an accountant or attorney), enter on the street address line “C/O” necessary for the gasification of coal, including any coal followed by the third party's name and street address or P.O. handling and gas separation equipment. box. Integrated gasification combined cycle is an electric Part II—Qualifying Advanced Coal generation unit that produces electricity by converting coal to synthesis gas, which in turn is used to fuel a combined cycle Project Credit, Qualifying Gasification plant to produce electricity from both a combustion turbine (including a combustion turbine/fuel cell hybrid) and a steam Project Credit, Qualifying Advanced turbine. Energy Project Credit, and Advanced Line 5b Manufacturing Investment Credit Enter the qualified investment in advanced coal-based Qualifying Advanced Coal Project Credit generation technology property placed in service during the tax A qualifying advanced coal project is a project that: year for projects described in section 48A(d)(3)(B)(ii). Eligible • Uses advanced coal-based generation technology (as property is any property that is part of a qualifying advanced coal defined in section 48A(f)) to power a new electric generation project (defined earlier) not using an integrated gasification unit or to refit or repower an existing electric generation unit combined cycle. (including an existing natural gas-fired combined cycle unit); • Has fuel input that, when completed, will be at least 75% Line 5c coal; • Has an electric generation unit or units at the site that will Enter the qualified investment in advanced coal-based generate at least 400 megawatts; generation technology property placed in service during the tax • Has a majority of the output that is reasonably expected to year for projects described in section 48A(d)(3)(B)(iii). Eligible be acquired or utilized; property is any certified property located in the United States • Is to be constructed and operated on a long-term basis and that is part of a qualifying advanced coal project (defined when the taxpayer provides evidence of ownership or earlier) that has equipment that separates and sequesters at control of a site of sufficient size; least 65% of the project's total carbon dioxide emissions. This • Will be located in the United States; and percentage increases to 70% if the credits are later reallocated • Includes equipment that separates and sequesters at least by the IRS. 65% (70% in the case of an application for reallocated credits) of the project's total carbon dioxide emissions for project applications described in section 48A(d)(2)(A)(ii). Instructions for Form 3468 (2022) -3- |
Page 4 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The credit will be recaptured if a project fails to attain or The credit for 2-wheeled plug-in electric vehicles expired maintain the carbon dioxide separation and sequestration ! on December 31, 2021. Unless new legislation is requirements. For details, see section 48A(i) and Notice CAUTION passed, it's no longer eligible for a qualified plug-in 2011-24, 2011-14 I.R.B. 603, available at IRS.gov/irb/ electric drive motor vehicle credit. 2011-14_IRB#NOT-2011-24. A qualifying advanced energy project doesn't include any Qualifying Gasification or Advanced Energy portion of a project for the production of any property that is used in the refining or blending of any transportation fuel (other than Project Credits renewable fuels). Qualifying gasification project. A qualifying gasification Eligible property. Eligible property is property that is project is a project that: necessary for the production of property described in section • Employs gasification technology (as defined in section 48C(c)(1)(A)(i), for which depreciation or amortization is 48B(c)(2)), available and is tangible personal property or other tangible • Is carried out by an eligible entity (as defined in section property (not including a building or its structural components), 48B(c)(7)), and but only if the property is used as an integral part of the • Includes a qualified investment of which an amount not to qualifying advanced energy project. exceed $650 million is certified under the qualifying Transitional rule. Enter only the basis: gasification program as eligible for credit. • Attributable to construction, reconstruction, or erection by The total amount of credits that may be allocated under the the taxpayer after February 17, 2009; qualifying gasification project program may not exceed $600 • Of property acquired and placed in service after February million. 17, 2009; and • Only to the extent of the qualified investment (as determined For more information on the qualifying gasification project under section 46(c) and (d) as in effect on November 4, and the qualifying gasification program, see Notice 2009-23, 1990) with respect to qualified progress expenditures made 2009-16 I.R.B. 802, available at IRS.gov/irb/ after February 17, 2009. 2009-16_IRB#NOT-2009-23, which is amplified by Notice 2014-81, 2014-53 I.R.B. 1001, available at IRS.gov/irb/ For fiscal year filers claiming the qualifying advanced 2014-53_IRB#NOT-2014-81. Also, see Notice 2011-24, ! energy project after 2022, additional guidance relating to 2011-14 I.R.B. 603, available at IRS.gov/irb/ CAUTION qualifying advanced energy project will be posted at 2011-14_IRS#NOT-2011-24. IRS.gov/Form3468 in the coming weeks. Basis reduction. If property is financed in whole or in part by subsidized energy financing or by tax-exempt private activity Line 6a bonds, figure the credit by using the basis of such property reduced under the rules described in Basis reduction for certain If you’re claiming the qualified gasification project property financing, earlier. (defined in Qualifying gasification project, earlier), enter the Qualifying advanced energy project. To be eligible for the qualified investment in qualifying gasification project property qualifying advanced energy project credit, some or all of the placed in service during the tax year for which credits were qualified investment in the qualifying advanced energy project allocated or reallocated after October 3, 2008, and that includes must be certified by the IRS under section 48C(d). equipment that separates and sequesters at least 75% of the For more information on certification, see Notice 2009-72, project's carbon dioxide emissions. Qualified investment is the 2009-37 I.R.B. 325, available at IRS.gov/irb/ basis of eligible property placed in service during the tax year 2009-37_IRB#NOT-2009-72 and Notice 2013-12, 2013-10 that is part of a qualifying gasification project. I.R.B. 543, available at IRS.gov/irb/2013-10_IRB#NOT-2013-12. For purposes of this credit, eligible property includes any Qualifying advanced energy project means a project that property that is part of a qualifying gasification project and re-equips, expands, or establishes a manufacturing facility for necessary for the gasification technology of such project. The the production of: IRS is required to recapture the benefit of any allocated credit if a • Property designed to be used to produce energy from the project fails to attain or maintain these carbon dioxide separation sun, wind, geothermal deposits (within the meaning of and sequestration requirements. See section 48B(f) and section 613(e)(2)), or other renewable resources; IRS.gov/irb/2011-14_IRB#NOT-2011-24. • Fuel cells, microturbines, or an energy storage system for use with electric or hybrid-electric motor vehicles; • Electric grids to support the transmission of intermittent If you’re claiming the qualifying advanced energy property sources of renewable energy, including storage of the (defined in Qualifying advanced energy project, earlier), enter energy; the qualified investment in qualifying advanced energy project • Property designed to capture and sequester carbon dioxide property placed in service during the tax year. Qualified emissions; investment is the basis of eligible property placed in service • Property designed to refine or blend renewable fuels or to during the tax year that is part of a qualifying advanced energy produce energy conservation technologies (including project. energy-conserving lighting technologies and smart grid technologies); If you’re claiming both the qualifying gasification project • New qualified plug-in electric drive motor vehicles (as property and the qualifying advanced energy project property, defined in section 30D), or components that are designed add the qualified investment property for both and enter that specifically for use with those vehicles, including electric amount on the dashed entry line before 6a. motors, generators, and power control units; and • Other advanced energy property designed to reduce Line 6b greenhouse gas emissions. Enter the qualified investment, other than line 6a, in qualifying gasification project property (defined earlier) placed in service during the tax year. -4- Instructions for Form 3468 (2022) |
Page 5 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Advanced Manufacturing Investment Credit equal to the amount of the credit. See the special rule for The advanced manufacturing investment credit is equal to 25% partnerships and S corporations, later. of the qualified investment in any advanced manufacturing Requesting the deemed payment. A deemed payment facility for an eligible taxpayer for the tax year. election will be made no later than the due date of the tax return Qualified investment. The qualified investment for any (including extensions of time to file) for the tax year for which the advanced manufacturing facility is the basis of any qualified election is made. The election can’t be made earlier than May 8, property placed in service by the taxpayer during the tax year 2023. The deemed payment election is irrevocable. and after 2022 that is part of an advanced manufacturing facility. Payment application date. The deemed payment will be treated as made on the later of either the due date of the tax Advanced manufacturing facility. Advanced manufacturing return (determined without regard to extensions) or the date the facility means a facility whose primary purpose is the return is filed. manufacturing of semiconductors or semiconductor manufacturing equipment. Additional information. If you choose to elect to treat the advanced manufacturing investment credit as a payment under Eligible taxpayer. An eligible taxpayer is a taxpayer who isn't a section 48D(d)(1) or 48D(d)(2)(A), guidance regarding the foreign entity of concern (as defined in section 9901(6) of P. L. election, including a detailed list of all required information, will 116-283), and hasn't made an applicable transaction (as defined be provided at a later date. Please consult this guidance when in section 50(a)) during the tax year. completing Form 3468 and making the deemed payment Qualified property. Qualified property includes any building or election. its structural components and all of the following. For the latest guidance related to electing the deemed • Property that is tangible property. payment, go to IRS.gov/Form3468. • Property that is allowed depreciation or amortization. Attachment. Attach a statement to your return with • Property that is constructed, reconstructed, or erected by information regarding the deemed payment election. The the taxpayer or acquired by the taxpayer if the original use of attached information statement should be named the property commences with the taxpayer. “CHIPS22DPE.” For example, if you attach a PDF, the name of • Property that is integral to the operation of the advanced the PDF should be “CHIPS22DPE.” manufacturing facility. Excessive payment. With respect to the property for the tax Exception. Qualified property doesn't include a building or a year for which the deemed payment is made, an excess portion of a building used for offices, administrative services, or payment is the following. other functions unrelated to manufacturing. • The amount treated as a payment by section 48D(d)(1) or Coordination with rehabilitation credit. The qualified the amount of payment made by section 48D(d)(2)(A), over investment with respect to any advanced manufacturing facility • The amount of the credit that would be allowed per section for any tax year shall not include the portion of the basis of any 48D(a). property that is attributable to qualified rehabilitation Addition to tax. If any amount treated as a payment is expenditures (as defined in section 47(c)(2)). determined to be an excessive payment, the tax imposed for the Certain progress expenditure rules made applicable. Rules tax year that the determination is made will be increased by the similar to the rules of section 46(c)(4) and 46(d) (as in effect on following. the day before the date of the enactment of P.L. 101-158) shall • The amount of the excessive payment, plus apply for purposes of the advanced manufacturing investment • 20% of the excessive payment. credit. The 20% addition to tax will not apply if the taxpayer demonstrates that the excessive payment resulted from Line 7 reasonable cause. Basis reduction and recapture. Rules similar to the rules of Enter the qualifying investment in advanced manufacturing sections 50(a) and 50(c) will apply with respect to the amount facility (defined above) placed in service after 2022, and for any treated as a payment made by the taxpayer under section property the construction began prior to 2023, to the extent the 48D(d)(1), and any payment made under section 48D(d)(2)(A). basis attributable to the construction, reconstruction, or erection See Recapture of Credit, earlier, for more information. began after August 9, 2022. You must reduce the basis by the amount of the credit Credit From Cooperatives determined. Line 9 Application to partnerships and S corporations. If a partnership or S corporation makes an election under section Patrons, including cooperatives that are patrons in other 48D(d)(1): cooperatives, enter the unused investment credit from the • The Secretary will make a payment to the partnership or S qualifying advanced coal project credit, qualifying gasification corporation equal to the amount of the credit. For more project credit, qualifying advanced energy project credit, or information, see Treatment of payments to partnerships and advanced manufacturing investment credit allocated from S corporations below. cooperatives. If you are a cooperative, see the instructions for • The credit will be reduced to zero for all purposes of the Form 3800, Part III, line 1a, for allocating the investment credit to Internal Revenue Code. No double benefit will be allowed. your patrons. • Any payment will be treated as tax exempt income for purposes of sections 705 and 1366. Deemed Payment • A partner's distributive share of the tax exempt income will be based on the partner's distributive share of the otherwise A taxpayer can make an election with respect to an Advanced applicable credit for the tax year. Manufacturing Investment Credit to treat the credit as a deemed payment. The deemed payment will be applied against the tax Application at partner and shareholder level. In the case imposed for the tax year for which the credit was determined, of any property held directly by a partnership or S corporation, no election by any partner or shareholder will be allowed with Instructions for Form 3468 (2022) -5- |
Page 6 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. respect to any credit determined under section 48D(a) with rehabilitation expenditures during a self-selected 24-month respect to such property. period that ends with or within your tax year are more than Treatment of payments to partnerships and S the greater of $5,000 or your adjusted basis in the building corporations. Deemed payments will be treated in the same and its structural components. Figure adjusted basis on the manner as a refund due from a credit provision. first day of the 24-month period or the first day of your holding period, whichever is later. If you are rehabilitating Line 10 the building in phases under a written architectural plan and specifications that were completed before the rehabilitation began, substitute “60-month period” for “24-month period.” Add lines 5d, 6c, 7, and 9. Enter this amount on line 10 and on Form 3800, Part III, line 1a. However, if you elected to treat the 3. Depreciation must be allowable with respect to the building. amount of credit on line 7 as a deemed payment per section Depreciation isn't allowable if the building is permanently 48D(d)(1), enter the total less the amount treated as a deemed retired from service. If the building is damaged, it isn't payment on Form 3800, Part III, line 1a. As a result, Form 3468, considered permanently retired from service where the line 10, and Form 3800, Part III, line 1a, may not match taxpayer repairs and restores the building and returns it to depending on your election. actual service within a reasonable period of time. 4. The building must have been placed in service before the Use the table below to see what line on your tax return you beginning of rehabilitation. This requirement is met if the enter the deemed payment amount per section 48D(d)(1). On building was placed in service by any person at any time the dotted line next to the line on the tax return write before the rehabilitation began. “CHIPS22DPE.” If there is not a dotted line after the entry space to make this entry, put an asterisk next to the line number and 5. For a building under the transition rule, (a) at least 75% of put a footnote at the bottom of the page indicating the line the external walls must be retained with 50% or more kept number and write “CHIPS22DPE.” in place as external walls, and (b) at least 75% of the existing internal structural framework of the building must be Form Line Number retained in place. 1065 Line 28 Qualified rehabilitation expenditures. To be qualified 1120 Schedule J, line 20d rehabilitation expenditures, your expenditures must meet all six 1120-F Line 5j of the following requirements. 1120-REIT Line 25f(1) 1. The expenditures must be for (a) nonresidential real property, (b) residential rental property (but only if a certified 1120-RIC Line 29f historic structure; see Regulations section 1.48-1(h)), or (c) 1120-S Line 23d real property that has a class life of more than 12.5 years. 2. The expenditures must be incurred in connection with the rehabilitation of a qualified rehabilitated building. Part III—Rehabilitation Credit and 3. The expenditures must be capitalized and depreciated Energy Credit using the straight line method. 4. The expenditures can't include the costs of acquiring or Rehabilitation Credit enlarging any building. You are allowed a credit for qualified rehabilitation expenditures 5. If the expenditures are in connection with the rehabilitation made for any qualified rehabilitated building. You must reduce of a certified historic structure or a building in a registered your basis by the amount of the credit determined for the tax historic district, the rehabilitation must be certified by the year. See Regulations section 1.47-7. Secretary of the Interior as being consistent with the historic If the adjusted basis of the building is determined in whole or character of the property or district in which the property is in part by reference to the adjusted basis of a person other than located. This requirement doesn't apply to a building in a the taxpayer, see Regulations section 1.48-12(b)(2)(viii) for registered historic district if (a) the building isn't a certified additional information that must be attached. historic structure; (b) the Secretary of the Interior certifies that the building isn't of historic significance to the district; Qualified rehabilitated building. To be a qualified and (c) if the certification in (b) occurs after the rehabilitation rehabilitated building, your building must meet all five of the began, the taxpayer certifies in good faith that the taxpayer following requirements. wasn't aware of that certification requirement at the time the 1. The building must be a certified historic structure. A certified rehabilitation began. historic structure is any building (a) listed in the National 6. The expenditures can't include any costs allocable to the Register of Historic Places, or (b) located in a registered part of the property that is (or may reasonably be expected historic district (as defined in section 47(c)(3)(B)) and to be) tax-exempt use property (as defined in section 168(h) certified by the Secretary of the Interior as being of historic except that “50%” shall be substituted for “35%” in significance to the district. Certification requests are made paragraph (1)(B)(iii)). This exclusion doesn't apply for through your State Historic Preservation Officer on National line 11d. Park Service (NPS) Form 10-168, Historic Preservation Certification Application. The request for certification should Line 11 be made prior to physical work beginning on the building. For pre-1936 buildings under the transition rule, see Transitional rule for amounts paid or incurred after 2017, For credit purposes, the expenditures are generally taken into later. account for the tax year in which the qualified rehabilitated building is placed in service. However, with certain exceptions, 2. The building must be substantially rehabilitated. A building you may elect to take the expenditures into account for the tax is considered substantially rehabilitated if your qualified year in which they were paid (or, for a self-rehabilitated building, -6- Instructions for Form 3468 (2022) |
Page 7 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. when capitalized) if (a) the normal rehabilitation period for the If you fail to receive final certification of completed work prior building is at least 2 years, and (b) it is reasonable to expect that to the date that is 30 months after the date that you filed the tax the building will be a qualified rehabilitated building when placed return on which the credit was claimed, you must submit a in service. For details, see section 47(d). To make this election, written statement to the IRS stating that fact before the last day check the box on line 11a. The credit, as a percent of of the 30th month. You will be asked to consent to an agreement expenditures paid or incurred during the tax year for any under section 6501(c)(4) extending the period of assessment for qualified rehabilitated building, depends on the type of structure any tax relating to the time for which the credit was claimed. and its location. Transitional rule for amounts paid or incurred after 2017. Mail to: The 10% credit for pre-1936 buildings no longer applies and the Internal Revenue Service 20% credit for a certified historic structure is generally modified Technical Services to allow 100% of qualified rehabilitation expenditures ratably 31 Hopkins Plaza, Room 1108 over a 5-year period for amounts paid or incurred after 2017. For Baltimore, MD 21201 qualified rehabilitation expenditures paid or incurred during the transitional period stated below, the taxpayer can claim the 10% credit for pre-1936 buildings and the 20% credit for a certified You must retain a copy of the final certification of completed historic structure (under section 47(a), as in effect before work as long as its contents may be needed for the December 22, 2017). The transitional rule applies to amounts administration of any provision of the Internal Revenue Code. paid or incurred as follows. If the final certification is denied by the Department of the In the case of qualified rehabilitation expenditures with Interior, the credit is disallowed for any tax year in which it was respect to any building (a) owned or leased by the taxpayer claimed, and you must file an amended return if necessary. See during the entirety of the period after 2017; and (b) with respect Regulations section 1.48-12(d)(7)(ii) for details. to the 24-month period selected by the taxpayer under section 47(c)(1)(B)(i) (as in effect after December 21, 2017) (or the Energy Credit 60-month period applicable under section 47(c)(1)(B)(ii)), which begins no later than 180 days after December 22, 2017, the The energy credit for the tax year is the energy percentage of the transitional rule applies to expenditures paid or incurred after the basis of each energy property placed in service during the tax end of the tax year in which the 24-month period (or the year. The energy properties include the following. 60-month period) ends. • Geothermal energy property. • Solar energy property to generate electricity, or solar energy If you have more than one property that qualifies for the property to illuminate. rehabilitation credit, attach a schedule showing the type of • Qualified fuel cell property. property (pre-1936 building or certified historic structure), NPS • Qualified microturbine property. number, date of final certification, and the partnership employer • Combined heat and power system property. identification number (EIN), if applicable. Also, indicate if the • Qualified small wind energy property. transitional rule applies. • Waste energy recovery property. • Geothermal heat pump system property. Line 11h • Energy storage technology property. • Qualified biogas property. If you are claiming a credit for a certified historic structure on • Microgrid controllers property. line 11f or 11g, enter the assigned NPS project number on IRA 2022 added to the energy properties under section line 11h. If the qualified rehabilitation expenditures are from an S 48 the items energy storage technology, qualified biogas corporation, partnership, estate, or trust, enter on line 11h the CAUTION! property, and microgrid controllers. Fiscal year filers EIN of the pass-through entity instead of the assigned NPS may be eligible to claim these credits for qualified energy project number, and skip line 11i. property placed in service after 2022. The lessor will provide the lessee with the NPS project number to enter on line 11h. To qualify as energy property, property must: 1. Meet the performance and quality standards, if any, that Line 11i have been prescribed by regulations and are in effect at the time the property is acquired; Enter the date of the final certification of completed work received from the Secretary of the Interior on line 11i. If the final 2. Be property for which depreciation (or amortization in lieu of certification hasn't been received by the time the tax return is depreciation) is allowable; and filed for a year in which the credit is claimed, attach a copy of the 3. Be property either: first page of NPS Form 10-168, Historic Preservation Certification Application (Part 2—Description of Rehabilitation), a. The construction, reconstruction, or erection of which is with an indication that it was received by the Department of the completed by the taxpayer; or Interior or the State Historic Preservation Officer, together with b. Acquired by the taxpayer if the original use of such proof that the building is a certified historic structure (or that such property commences with the taxpayer. status has been requested). After the final certification of completed work has been received, file Form 3468 with the first Property will not include any property that is part of a income tax return filed after receipt of the certification and enter production credit under section 45 for the tax year or any prior the assigned NPS project number and the date of the final tax year. certification of completed work on the appropriate lines on the Energy property doesn't include any property acquired before form. Also, attach an explanation and indicate the amount of February 14, 2008, or to the extent of basis attributable to credit claimed in prior years. construction, reconstruction, or erection before February 14, 2008, that is public utility property, as defined by section 46(f)(5) (as in effect on November 4, 1990), and related regulations. Instructions for Form 3468 (2022) -7- |
Page 8 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. You must reduce the basis of energy property by 50% of the Qualified interconnection property. Qualified energy credit determined. interconnection property is, with respect to an energy project that isn't a microgrid controller, any tangible property that: You must reduce the basis of energy property used for Is part of an addition, modification, or upgrade to a • figuring the credit by any amount attributable to qualified transmission or distribution system that is required at or rehabilitation expenditures. beyond the point at which the energy project interconnects Basis reduction. If energy property (acquired before 2009, or to such transmission or distribution system in order to to the extent of its basis attributable to construction, accommodate such interconnection; reconstruction, or erection before 2009) is financed in whole or • Is either constructed, reconstructed, or erected by the in part by subsidized energy financing or by tax-exempt private taxpayer, or that the cost with respect to the construction, activity bonds, reduce the basis of such property under the rules reconstruction, or erection of such property is paid or described in Basis reduction for certain financing, earlier. For incurred by the taxpayer; and property acquired after 2008, and for basis attributable to • The original use, pursuant to an interconnection agreement, construction, reconstruction, or erection after 2008, there is no commences with a utility. basis reduction for property financed by subsidized energy Interconnection agreement. Interconnection agreement financing or by tax-exempt private activity bonds. means an agreement with a utility for the purposes of Credit reduced for tax-exempt bonds. The amount of the interconnecting the energy property owned by the taxpayer to credit with respect to any facility for any tax year will be reduced the transmission or distribution system of the utility. by the amount that is the product of the amount so determined Utility. For the purposes of section 48(a)(8)(D), utility means for such year and the lesser of one of the following. the owner or operator of an electrical transmission or distribution • 15%, or system that is subject to the regulatory authority of any the • A fraction, which the numerator is the sum for the tax year following. and all prior tax years, of proceeds of an issue of any • A state or political subdivision thereof. obligations the interest on which is exempt from tax under • Any agency or instrumentality of the United States. section 103 and that is used to provide financing for the • A public service or public utility commission or other similar qualified facility over the denominator, which is the body of any state or political subdivision thereof. aggregate amount of additions to the capital account for the • The governing or ratemaking body of an electric qualified facility for the tax year and all prior tax years as of cooperative. the close of the tax year. Special rule for interconnection property. In the case of The credit reduced for tax-exempt bonds, above, expenses paid or incurred for interconnection property, amounts otherwise chargeable to capital account with respect to such CAUTION energy property, the construction of which begins after ! applies to construction, reconstruction, or erection of an expenses will be reduced under rules similar to the rules of August 16, 2022. section 50(c)(3). Increased credit amount for energy projects. In the case of Coordination with Department of Treasury grants. In the any energy project that satisfies the requirements of Project case of any property where the Secretary makes a grant under requirements below, the amount of the credit determined will be section 1603 of the American Recovery and Reinvestment Tax equal to an amount multiplied by 5. For purposes of the previous Act of 2009, no credit will be determined under section 48 or statement, the form has already been adjusted to show 30% or section 45 with respect to the property for the tax year in which 10%, as applicable for tax year 2022. See Notice 2022-61 for the grant is made or any subsequent tax year. more information. Recapture. If a credit was determined with respect to a Energy project. Energy project means a project consisting of property for any tax year ending before the grant is made: one or more energy properties that are part of a single project. • The tax imposed on the taxpayer for the tax year in which Project requirements. A project meets the project the grant is made will be increased by the credit amount requirements if it is one of the following. allowed under section 38, A project with a maximum net output of less than 1 • The general business carryforwards under section 39 will be • megawatt of electrical (as measured in alternating current) adjusted to recapture the portion of the credit that was not or thermal energy. allowed, and A project the construction of which begins before January • The amount of the grant will be determined without regard to • 29, 2023, with respect to prevailing wage and any reduction in the basis of the property by the credit. apprenticeship requirements. Treatment of grants. Any grant will not be included in the • A project that satisfies the prevailing wage and gross income or alternative minimum taxable income of the apprenticeship requirements. taxpayer, but will be taken into account in determining the basis of the property to which the grant relates, except that the basis of For fiscal year filers, the project of which construction such property will be reduced under section 50(c) in the same ! begins on January 29, 2023, or later, the credit amounts manner as a credit allowed. CAUTION are 6% or 2% respectively, unless the prevailing wage and apprenticeship requirements are satisfied or the project has Interconnection property. In general, energy property shall a maximum net output of less than 1 megawatt of electrical or include amounts paid or incurred by the taxpayer for qualified thermal energy. interconnection property in connection with the installation of energy property placed in service after 2022 (as defined in Prevailing wage requirements. In general, the taxpayer shall section 48(a)(3)) that: ensure, with respect to any energy project, that any laborers and • Has a maximum net output of not greater than 5 megawatts mechanics employed by the taxpayer or any contractor or (as measured in alternating current), to provide for the subcontractor shall be paid wages at rates not less than the transmission or distribution of the electricity produced or prevailing rates for construction, alteration, or repair of a similar stored by such property; and character in the locality in which the project is located as most • Are properly chargeable to the capital account of the recently determined by the Secretary of Labor, in accordance taxpayer. with subchapter IV of chapter 31 of title 40, United States Code. -8- Instructions for Form 3468 (2022) |
Page 9 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Questions regarding the applicability of a wage determination and percentage of such recapture shall be determined under or its listed classifications and wage rates should be directed to rules similar to the rules of section 50(a). the Department of Labor, Wage, and Hour Division via email at Apprenticeship requirements. Regarding the construction of IRAprevailingwage@dol.gov. any qualified facility, apprenticeship requirements are as follows. Laborers, mechanics, contractors, or subcontractors. • Taxpayers shall ensure that the applicable percentage of Any laborers and mechanics employed by the taxpayer or any the total labor hours of the construction, alteration, or repair contractor or subcontractor in the construction of such energy work (including such work performed by any contractor or project, and for the 5-year period beginning on the date such subcontractor), subject to apprentice to journeyworker ratio, project is originally placed in service, the alteration or repair of be performed by qualified apprentices. For construction that such project, shall be paid prevailing wages. begins before 2023, the ratio is 10%; and for construction Subject to recapture, for purposes of any determination in the that begins in 2023, the ratio is 12.5%. construction of such energy credit for the tax year in which the • Apprenticeship requirements for energy project is placed in service, the taxpayer shall be apprentice-to-journeyworker ratios shall be subject to any deemed to satisfy the requirement for the alteration or repair of applicable requirements for apprentice-to-journeyworker such project, at the time such project is placed in service. ratios of the Department of Labor or the applicable state Correction and penalty for failure to satisfy wage apprenticeship agency. requirements. In the case of any taxpayer that fails to satisfy • With regard to participation, each taxpayer, contractor, or the prevailing wage requirements mentioned above, the subcontractor who employs four or more individuals to taxpayer shall be deemed to have satisfied the requirement with perform construction, alteration, or repair work shall employ respect to any laborer or mechanic who was paid at a rate below one or more qualified apprentices to perform such work. the prevailing wage rate, if the following are completed. Registered apprenticeship programs can be located using the 1. The taxpayer makes payment to such laborer or mechanic Office of Apprenticeship’s partner finder tool, available at https:// in an amount equal to the sum of the following. www.apprenticeship.gov/partner-finder and through the applicable State Apprenticeship Agency, https:// a. An amount equal to the difference between (i) the www.apprenticeship.gov/about-us/state-offices. amount of wages paid to such laborer or mechanic Exception. A taxpayer will not be treated as failing to satisfy during such period, and (ii) the amount of wages the requirements described above, if the taxpayer: required to be paid to such laborer or mechanic during such period, plus 1. Satisfies a good faith effort; or b. Interest on the amount determined under item (i) at the 2. In the case of any failure by the taxpayer to satisfy the underpayment rate established under section 6621(a) percentage of total labor hours and participation above, with (2) (determined by substituting “6%” for “3%”) for the respect to the construction, alteration, or repair work on any period described in item (i), and qualified facility where construction began in 2023, makes payment to the Secretary of a penalty in an amount equal to 2. Makes payment to the Secretary of a penalty in an amount the product of: equal to the product of the following. a. $50, multiplied by a. $5,000, multiplied by b. The total labor hours for which the requirement b. The total number of laborers and mechanics who were described in such subparagraph was not satisfied with paid wages at a rate below the prevailing wage respect to the construction, alteration, or repair work on requirement rate for any period during such year. such qualified facility. Deficiency procedures don't apply. Subchapter B of Good faith effort. For purposes of the exception above, a chapter 63 (relating to deficiency procedures for income, estate, taxpayer will be deemed to have satisfied the requirements gift, and certain excise taxes) will not apply with respect to the under this paragraph with respect to a qualified facility if the assessment or collection of any penalty imposed. taxpayer has requested qualified apprentices from a registered Intentional disregard. If the Secretary determines that any apprenticeship program, as defined in section 3131(e)(3)(B), failure described in Correction and penalty for failure to satisfy and either of the following apply. wage requirements, earlier, was due to intentional disregard of • The request has been denied, provided that such denial is the prevailing wage requirements, then the following changes not the result of a refusal by the taxpayer or any contractors will occur. or subcontractors engaged in the performance of • In number 1 above, "the sum" with “three times the sum,” construction, alteration, or repair work with respect to such and qualified facility to comply with the established standards • In number 2a above, "$5,000" with “$10,000.” and requirements of the registered apprenticeship program; Limitation on period for payment. Pursuant to rules issued or by the Secretary, in the case of a final determination by the • The registered apprenticeship program fails to respond to Secretary with respect to any failure by the taxpayer to satisfy such request within 5 business days after the date on which the prevailing wage requirements, the Correction and penalty for such registered apprenticeship program received such failure to satisfy wage requirements, described above, will not request. apply unless the payments are made by the taxpayer on or Intentional disregard. If the Secretary determines that any before 180 days after the date of such determination. failure described in good faith effort is due to intentional Recapture. The Secretary shall provide guidance for disregard to satisfy the requirements for the percentage of total recapturing the benefit of any increase in the credit allowed with labor hours and participation, earlier, Exception 2 shall be respect to any project that doesn't satisfy the prevailing wage applied by substituting “$500” for “$50” in 2a, earlier. requirements (after Correction and penalty for failure to satisfy Labor hours. Labor hours means the total number of hours wage requirements is applied) for the 5-year period beginning on devoted to the performance of construction, alteration, or repair the date the project was originally placed in service, the work by any individual employed by the taxpayer or by any alteration or repair (but which doesn’t cease to be investment contractor or subcontractor; however, it excludes any hours credit property within the meaning of section 50(a)). The period worked by foremen, superintendents, owners, or persons Instructions for Form 3468 (2022) -9- |
Page 10 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. employed in a bona fide executive, administrative, or Fuel cell power plant. Fuel cell power plant means an professional capacity (within the meaning of those terms in part integrated system comprised of a fuel cell stack assembly or 541 of title 29, Code of Federal Regulations). linear generator assembly, and associated balance of plant Qualified apprentice. A qualified apprentice is an individual components that converts a fuel into electricity using who is employed by the taxpayer or by any contractor or electrochemical or electromechanical means. subcontractor and who is participating in a registered Linear generator assembly. Linear generator assembly apprenticeship program, as defined in section 3131(e)(3)(B). doesn’t include any assembly that contains rotating parts. Qualified fuel cell property that uses electromechanical Line 12a ! process or a fuel cell power plant that is comprised of a CAUTION linear generator assembly are for property placed in Geothermal energy. Geothermal energy property is equipment service after 2022. that uses geothermal energy to produce, distribute, or use energy derived from a geothermal deposit (within the meaning of section 613(e)(2)). For electricity produced by geothermal Enter the basis, attributable to periods after 2005 and before power, equipment qualifies only up to, but not including, the October 4, 2008, of any qualified fuel cell property placed in electrical transmission stage. service during the tax year, if the property was acquired after Enter the basis of any property placed in service during the 2005 and before October 4, 2008, or to the extent of basis tax year that uses geothermal energy. attributable to construction, reconstruction, or erection by the taxpayer after 2005 and before October 4, 2008. Line 12b Line 12f Solar energy. Solar energy property is property that has the following. Enter the applicable number of kilowatts of capacity attributable 1. Equipment that uses solar energy to illuminate the inside of to the basis on line 12e. This entry must be a whole number. a structure using fiber-optic distributed sunlight. Line 12h 2. Electrochromic glass that uses electricity to change its light transmittance properties in order to heat or cool a structure, if placed in service after 2022. Enter the basis, attributable to periods after October 3, 2008, and the construction of which began before 2020 or after 2021, 3. Equipment that uses solar energy to: of any qualified fuel cell property placed in service during the tax a. Generate electricity, year. b. Heat or cool (or provide hot water for use in) a structure, For a definition of qualified fuel cell property, see Line 12e, or earlier. Also, see When construction begins, later. c. Provide solar process heat (but not to heat a swimming pool). Basis is attributable to periods after October 3, 2008, if the property was acquired after October 3, 2008, or to the extent of Enter the basis, attributable to periods after 2005 and the basis attributable to construction, reconstruction, or erection by construction of which began before 2020 or after 2021, if the the taxpayer after October 3, 2008. property was acquired by the taxpayer or the basis is attributable For fiscal year filers, the project of which construction to construction, reconstruction, or erection by the taxpayer. See ! begins on January 29, 2023, or later, see Increased When construction begins, later. CAUTION credit amount for energy projects, earlier, for information For fiscal year filers, the project of which construction regarding project requirements. ! begins on January 29, 2023, or later, see Increased CAUTION credit amount for energy projects, earlier, for information Line 12i regarding project requirements. Enter the applicable number of kilowatts of capacity attributable Line 12c to the basis on line 12h. This entry must be a whole number. Enter the basis of property using solar illumination, Line 12k electrochromic glass, or solar energy placed in service during the tax year and the construction of which began in 2020 or Enter the basis of property using qualified fuel cell energy placed 2021. in service during the tax year and the construction of which began in 2020 or 2021. See When construction begins, later. For the definition of solar illumination, electrochromic glass, or solar energy property, see the instructions to Line 12b, earlier. Line 12l Line 12e Enter the applicable number of kilowatts of capacity attributable to the basis on line 12k. This entry must be a whole number. Qualified fuel cell property. Qualified fuel cell property is a fuel cell power plant that has a nameplate capacity of at least 0.5 kilowatts (1 kilowatt in the case of fuel cell plant with a linear Line 12q generator assembly) of electricity using an electrochemical or Qualified microturbine property. Qualified microturbine electromechanical process and has electricity-only generation property is a stationary microturbine power plant that has a efficiency greater than 30%. See section 48(c)(1) for further nameplate capacity of less than 2,000 kilowatts and has an details. electricity-only generation efficiency of not less than 26% at -10- Instructions for Form 3468 (2022) |
Page 11 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. International Standard Organization conditions. See section Energy efficiency percentage. The energy efficiency 48(c)(2) for further details. percentage of a combined heat and power system property is Stationary microturbine power plant. Stationary the fraction—where the numerator is the total useful electrical, microturbine power plant means an integrated system thermal, and mechanical power produced by the system at comprised of a gas turbine engine, a combustor, a recuperator normal operating rates, and expected to be consumed in its or regenerator, a generator or alternator, and associated normal application, and the denominator is the lower heating balance of plant components that converts a fuel into electricity value of the fuel sources for the system. The energy efficiency and thermal energy. It also includes all secondary components percentage is determined on a Btu basis. located between the existing infrastructure for fuel delivery and Combined heat and power system property doesn't include the existing infrastructure for power distribution, including property used to transport the energy source to the facility or to equipment and controls for meeting relevant power standards, distribute energy produced by the facility. such as voltage, frequency, and power factors. Biomass systems. Systems designed to use biomass for at Enter the basis, attributable to periods after 2005, of any least 90% of the energy source are eligible for a credit that is qualified microturbine property placed in service during the tax reduced in proportion to the degree to which the system fails to year, if the property was acquired after 2005, or to the extent of meet the efficiency standard. For more information, see section basis attributable to construction, reconstruction, or erection by 48(c)(3)(D). the taxpayer after 2005. Enter the basis, attributable to periods after October 3, 2008, Line 12t of any qualified combined heat and power system property placed in service during the tax year, if the property was Combined heat and power system property. Combined heat acquired after October 3, 2008, or to the extent of basis and power system property means property comprising a attributable to construction, reconstruction, or erection by the system that: taxpayer after October 3, 2008. For property placed in service 1. Uses the same energy source for the simultaneous or after 2022, multiply the basis by 30% (0.30) instead of 10% sequential generation of electrical power, mechanical shaft (0.10). power, or both; in combination with the generation of steam For fiscal year filers, the project of which construction or other forms of useful thermal energy (including heating ! begins on January 29, 2023, or later, see Increased and cooling applications). CAUTION credit amount for energy projects, earlier, for information regarding project requirements. 2. Determines an energy efficiency percentage on a Btu basis. 3. Has energy efficiency percentage of which exceeds 60% and it produces: Line 12w a. At least 20% of its total useful energy in the form of Qualified small wind energy property. Qualified small wind thermal energy that isn't used to produce electrical or energy property means property that uses a qualifying small mechanical power (or a combination thereof), and wind turbine to generate electricity. For this purpose, a qualifying small wind turbine means a wind turbine that has a nameplate b. At least 20% of its total useful energy in the form of capacity of not more than 100 kilowatts. For details, see section electrical or mechanical power (or a combination 48(c)(4). In addition, for small wind energy property acquired or thereof). placed in service (in the case of property constructed, For details, see section 48(c)(3). reconstructed, or erected) after February 2, 2015, see Notice 2015-4, 2015-5 I.R.B. 407, available at IRS.gov/irb/ Note. Taxpayers cannot take a credit for both combined heat 2015-05_IRB#NOT-2015-4, as modified by Notice 2015-51, and power system property and waste energy recovery property 2015-31 I.R.B. 133, available at IRS.gov/irb/ for the same property. Taxpayers must elect not to treat such 2015-31_IRB#NOT-2015-51, for performance and quality property as combined heat and power system property for standards that small wind energy property must meet to qualify section 48 purposes. for the energy credit. Limitation. In the case of combined heat and power system Enter the basis, attributable to periods after October 3, 2008, property with an electrical capacity in excess of the applicable and before 2009, of any qualified small wind energy property capacity placed in service during the tax year, the credit for that placed in service during the tax year, if the property was year shall be equal to the amount that bears the same ratio to acquired after October 3, 2008, and before 2009, or to the extent the credit, as the applicable capacity bears to the capacity of of basis attributable to construction, reconstruction, or erection such property. by the taxpayer after October 3, 2008, and before 2009. Applicable capacity. Applicable capacity means the following: • 15 megawatts; Line 12x • A mechanical energy capacity of more than 20,000 horsepower; or Enter the smaller of the basis you entered on line 12w or $4,000. • An equivalent combination of electrical and mechanical energy capacities. Line 12y Maximum capacity. Combined heat and power system property shall not include any property comprising a system if: For the definition of qualified small wind energy property, see the • The system has a capacity in excess of 50 megawatts, instructions for Line 12w, earlier. • A mechanical energy capacity in excess of 67,000 horsepower, or Enter the basis, attributable to periods after 2008 and the • An equivalent combination of electrical and mechanical construction of which began before 2020 or after 2021, of any energy capacities. qualified small wind energy property placed in service during the tax year, if the property was acquired by the taxpayer or the Instructions for Form 3468 (2022) -11- |
Page 12 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. basis is attributable to construction, reconstruction, or erection Line 12dd by the taxpayer. See When construction begins, later. Qualified investment credit facility property. Qualified For fiscal year filers, the project of which construction investment credit facility property is property that: ! begins on January 29, 2023, or later, see Increased • Is tangible personal property or other tangible property (not CAUTION credit amount for energy projects, earlier, for information including a building or its structural components), but only if regading project requirements. the property is used as an integral part of the qualified investment credit facility; Line 12z • Is constructed, reconstructed, erected, or acquired by the taxpayer; For the definition of qualified small wind energy property, see the • Depreciation or amortization is allowable; and instructions for Line 12w, earlier. • The original use begins with the taxpayer. See section 48(a)(5) for details. Enter the basis of property using qualified small wind energy property placed in service during the tax year and the Note. The transitional rules of section 48(m) (as in effect on construction of which began in 2020 or 2021. See When November 4, 1990) apply to offshore wind facilities for periods construction begins, later. after 2016. Under the transitional rules of section 48(m) (as in effect on November 4, 1990), the phaseout of the section 48 credit provided for other types of qualified investment credit Line 12bb facilities at section 48(a)(5)(E), does not apply to qualified Waste energy recovery property. Qualified waste energy offshore wind facilities. recovery property means property that generates electricity Qualified investment credit facility. A qualified investment solely from heat from buildings or equipment if the primary credit facility is a facility that: purpose of such building or equipment is not the generation of 1. Is one of the following qualified facilities that is placed in electricity. The term “waste energy recovery property” shall not service after 2008. See When construction begins below. include any property that has a capacity in excess of 50 megawatts. For details, see section 48(c)(5). a. Wind facility under section 45(d)(1). Note. Taxpayers cannot take a credit for both combined heat b. Closed-loop biomass facility under section 45(d)(2). and power system property and waste energy recovery property c. Open-loop biomass facility under section 45(d)(3). for the same property. Taxpayers must elect not to treat such property as combined heat and power system property for d. Geothermal or solar energy facility under section 45(d) section 48 purposes. (4). e. Landfill gas facility under section 45(d)(6). Note. The transitional rules of section 48(m) (as in effect on November 4, 1990) apply to waste energy recovery property for f. Trash facility under section 45(d)(7). periods after 2020. g. Qualified hydropower facility under section 45(d)(9). Enter the basis of waste energy recovery property placed in h. Marine and hydrokinetic renewable energy facility under service during the tax year and multiply the basis of property that section 45(d)(11); uses waste energy recovery property by 30%. i. Is a qualified offshore wind facility. See Notice 2021-5, For fiscal year filers, the project of which construction 2021-03 I.R.B. 479, available at IRS.gov/irb/ 2021-03_IRB#NOT-2021-5, for more information on CAUTION credit amount for energy projects, earlier, for information ! begins on January 29, 2023, or later, see Increased beginning of construction requirements applied to regarding project requirements. offshore and federal land projects. 2. No credit has been allowed under section 45 for that facility Line 12cc (see Note below); and 3. An irrevocable election was made to treat the facility as Geothermal heat pump systems. Geothermal heat pump energy property. systems constitute equipment that uses the ground or ground water as a thermal energy source to heat a structure or as a Note. If a taxpayer retrofits an energy property that previously thermal energy sink to cool a structure. For details, see section received a credit under section 45 by satisfying the 80/20 Rule 48(a)(3)(A)(vii). provided in section 7.05 of Notice 2018-59, 2018-28 I.R.B. 196, available at IRS.gov/irb/2018-28_IRB#NOT-2018-59, the Enter the basis, attributable to periods after October 3, 2008, taxpayer may claim an investment tax credit based on its of any geothermal heat pump system placed in service during investment. However, if the energy property is within the the tax year, if the property was acquired after October 3, 2008, recapture period for the section 45 credit, the taxpayer may have or to the extent of basis attributable to construction, to recapture all or part of such section 45 credit accordingly. reconstruction, or erection by the taxpayer after October 3, Qualified offshore wind facility. For purposes of section 2008. If any property was placed in service during 2022, multiply 48(a)(5), qualified offshore wind facility means a qualified facility the basis of the property that uses geothermal heat pump (within the meaning of section 45(d)(1)) that is located in the systems by 10%. If any property was placed in service after inland navigable waters of the United States or in the coastal 2022, multiply the basis of property that uses geothermal heat waters of the United States. pump systems by 30%. When construction begins. Two methods can be used to For fiscal year filers, the project of which construction establish that construction of a qualified facility has begun. ! begins on January 29, 2023, or later, see Increased CAUTION credit amount for energy projects, earlier, for information 1. Physical Work Test is satisfied when physical work of a regarding project requirements. significant nature begins and other requirements provided -12- Instructions for Form 3468 (2022) |
Page 13 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. in section 4 of IRS.gov/irb/2018-28_IRB#NOT-2018-59 are Line 12hh—Other Energy Credits and Special met. Adjustments 2. Five Percent Safe Harbor is satisfied when a taxpayer pays or incurs (within the meaning of Regulations section Energy storage technology. Energy storage technology is: 1.461-1(a)(1) and (2)) five percent or more of the total cost • Property (other than property primarily used in the of the energy property and meets other requirements transportation of goods or individuals and not for the provided in section 5 of IRS.gov/irb/ production of electricity) that receives, stores, and delivers 2018-28_IRB#NOT-2018-59. energy for conversion to electricity (or, in the case of hydrogen that stores energy), and has a nameplate capacity Although both methods can be used, only one method is of not less than 5 kilowatt hours; and needed to establish that construction of a qualified facility has • Thermal energy storage property. begun. For energy property the construction of which begins Modifications of certain property. In the case of any after 2018, as determined under the Physical Work Test or the energy storage technology property, otherwise described above, Five Percent Safe Harbor, construction will be deemed to have that was either (1) placed in service before August 16, 2022, and begun on the date the taxpayer first satisfies one of the two that has a capacity of less than 5 kilowatt hours and is modified methods. The requirements to begin construction may be to where the property (after the modification) has a nameplate modified in certain limited circumstances involving significant capacity of at least 5 kilowatt hours; or (2) is modified in a national security concerns. See Notice 2019-43, 2019-31 I.R.B. manner that increases the nameplate capacity to at least 5 487, available at IRS.gov/irb/2019-31_IRB#NOT-2019-43, for kilowatt hours, then the modified property will be treated as details. Also, see Notice 2020-41, 2020-25 I.R.B. 954, available energy storage technology, except for the treatment of the basis at IRS.gov/irb/2020-25_IRB#NOT-2020-41, on tax relief for of the existing property prior to the modification. delays caused by COVID-19. Additionally, see Notice 2021-05, 2021-3 I.R.B. 479 for more information on the beginning of Thermal energy storage property. Thermal energy storage construction requirements applied to offshore and federal lands property is property comprising a system that: projects. • Is directly connected to a heating, ventilation, or air conditioning system; Additional information. The election to treat a qualified Removes heat from, or adds heat to, a storage medium for facility as energy property is made by claiming the energy credit • subsequent use; and with respect to qualified investment credit facility property by Provides energy for the heating or cooling of the interior of a completing Form 3468 and attaching it to your timely filed • residential or commercial building. income tax return (including extensions) for the tax year that the property is placed in service. You must make a separate election Thermal energy storage property doesn’t include: for each qualified facility that is to be treated as a qualified • A swimming pool, investment credit facility. You must also attach a statement to • Combined heat and power system property, or Form 3468 that includes the following information. • A building or its structural components. 1. Your name, address, taxpayer identification number, and Enter the basis on Line 12hh Worksheet, line 1, attributable to telephone number. periods after 2022, of any energy storage technology property 2. For each qualified investment credit facility, include the placed in service during the tax year, to the extent of basis following. attributable to construction, reconstruction, or erection by the taxpayer after August 16, 2022. Attach to your return a statement a. A detailed technical description of the facility, including with the description of how you calculated the credit. See generating capacity. Additional information, later, for more information. b. A detailed technical description of the energy property Qualified biogas property. Qualified biogas property means placed in service during the tax year as an integral part property comprising a system that: of the facility, including a statement that the property is an integral part of such facility. 1. Converts biomass (as defined in section 45K(c)(3), as in effect on August 16, 2022), into a gas that: c. The date that the energy property was placed in service. a. Consists of not less than 52% methane by volume, or d. An accounting of your basis in the energy property. b. Is concentrated by such system into a gas that consists of not less than 52% methane, and e. A depreciation schedule reflecting your remaining basis in the energy property after the energy credit is claimed. 2. Captures such gas for sale or productive use, and not for disposal via combustion. 3. A statement that you haven't and won’t claim a Section 1603 grant for new investment in the property for which you Qualified biogas property includes any property that is part of are claiming the energy credit. a system that cleans or conditions gas, described above. Enter the basis on Line 12hh Worksheet, line 2, attributable to 4. A declaration, applicable to the statement and any periods after 2022, of any qualified biogas energy property accompanying documents, signed by you, or signed by a placed in service during the tax year, to the extent of basis person currently authorized to bind you in such matters that attributable to construction, reconstruction, or erection by the state the following: “Under penalties of perjury, I declare taxpayer after August 16, 2022. Attach to your return a statement that I have examined this statement, including with the description of how you calculated the credit. See accompanying documents, and to the best of my Additional information, later, for more information. knowledge and belief, the facts presented in support of this statement are true, correct, and complete.” Microgrid controller. Microgrid controller means equipment that is: Enter the basis of any qualified investment credit facility • Part of a qualified microgrid, and property, placed in service during the tax year, the construction • Designed and used to monitor and control the energy of which began after 2016. resources and loads on such microgrid. Instructions for Form 3468 (2022) -13- |
Page 14 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Qualified microgrid. Qualified microgrid is an electrical 1. 2%, in the case of any energy project that doesn't satisfy the system that: requirements of section 48(a)(9)(B). 1. Includes equipment that is capable of generating not less 2. 10%, in the case of any energy project that does satisfy the than 4 kilowatts and not greater than 20 megawatts of requirements of section 48(a)(9)(B). electricity; Energy community. Energy community means the following. 2. Is capable of operating: 1. A brownfield site (as defined in subparagraphs (A), (B), and a. In connection with the electrical grid and as a single (D)(ii)(III) of section 101(39) of the Comprehensive controllable entity with respect to such grid, Environmental Response, Compensation, and Liability Act b. Independently (and disconnected) from such grid, and of 1980 (42 U.S.C. 9601(39))); 3. Is not part of a bulk-power system (as defined in section 2. A metropolitan statistical area or non-metropolitan statistical 215 of the Federal Power Act (16 U.S.C. 824o)). area that: Enter the basis on Line 12hh Worksheet, line 3, attributable to a. Has (or, at any time during the period beginning after periods after 2022, of any qualified microgrid controller property 2009, had) .17% or greater direct employment or 25% placed in service during the tax year, to the extent of basis or greater local tax revenues related to the extraction, attributable to construction, reconstruction, or erection by the processing, transport, or storage of coal, oil, or natural taxpayer after August 16, 2022. Attach to your return a statement gas (as determined by the Secretary); and with the description of how you calculated the credit. See b. Has an unemployment rate at or above the national Additional information, later, for more information. average unemployment rate for the previous year (as Domestic content bonus credit amount. In the case of any determined by the Secretary); or energy project that satisfies the requirement below, the energy 3. A census tract, or is directly adjoining to any census tract in percentage shall be increased by the applicable credit rate which: increase. Applicable credit rate increase. The applicable credit rate a. After 1999, a coal mine has closed; or increase shall be the one of the following. b. After 2009, a coal-fired electric generating unit has been 1. 2%, in the case of an energy project that doesn't satisfy the retired. requirements below. Enter the increase in credit rate for energy communities on 2. 10%, in the case of an energy project that does satisfy the Line 12hh Worksheet, line 5. Attach to your return a statement requirements below. with the description of how you calculated the credit. See Additional information, later, for more information. Requirement. The requirement is satisfied with respect to Certain solar and wind facilities placed in service in con- any qualified facility, if the taxpayer certifies to the Secretary (at nection with low-income communities. A qualified solar or such time and in such form and manner as the Secretary may wind facility must receive an allocation of the environment justice prescribe) that any steel, iron, or manufactured product that is a solar and wind capacity limitation for a taxpayer with an interest component of the facility (upon completion of construction) was in such qualified facility to be eligible to claim an energy produced in the United States. percentage increase under section 48(e) with respect to eligible In the case of steel or iron, the manufacturing processes must property which is part of such facility. Guidance regarding the take place in the United States, except metallurgical processes section 48(e) program and how the taxpayer can apply for an involving refinement of steel additives. The steel and iron allocation of the environmental justice solar and wind capacity requirements apply to all construction materials made primarily limitation will be provided at a later date. Please consult this of steel or iron and used in infrastructure projects such as transit guidance when completing Form 3468. or maintenance facilities, rail lines, and bridges. These items For the latest guidance related to certain solar and wind include, but are not limited to, structural steel or iron, steel or iron facilities in connection with low-income communities, go to beams and columns, or running rail and contact rail. These IRS.gov/Form3468. requirements don't apply to steel or iron used as components or subcomponents of other manufactured products or rolling stock, Energy percentage increase with respect to eligible property or to bimetallic power rail incorporating steel or iron components. and limitation: In the case of manufactured products that are components of • 10%, in the case of a facility located in a low-income community (as defined in section 45D(e)) or on Indian land a qualified facility, upon completion of construction the (as defined in section 2601(2) of the Energy Policy Act of manufactured products will be deemed to have been produced 1992 (25 U.S.C. 3501(2))); or in the United States if at least 40% of steel and iron (20% in the case of an offshore wind facility) of the total costs of all the • 20%, in the case of a facility that is part of a qualified low-income residential building project or a qualified manufactured products of the facility are attributable to low-income economic benefit project. manufactured products (including components) that are mined, produced, or manufactured in the United States. The increase in the credit will not exceed the amount that bears the same ratio to the amount of the increase of the Enter the domestic content bonus credit amount on the following. Line 12hh Worksheet, line 4. Attach to your return a statement • The environmental justice solar and wind capacity limitation with the description of how you calculated the credit. See allocated to such facility bears to Additional information, later, for more information. • The total megawatt nameplate capacity of such facility, as Increase in credit rate for energy communities. In the case measured in direct current. of any energy project that is placed in service within an energy Qualified solar and wind facility. Qualified solar and wind community (defined below), the energy percentage shall be facility with respect to low-income communities means any increased by the applicable credit rate increase. Applicable credit rate increase. The applicable credit rate increase shall be equal to one of the following. -14- Instructions for Form 3468 (2022) |
Page 15 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. facility that generates electricity solely from property described in produce in the Election to treat clean hydrogen production the following: facilities as energy property, described earlier. • Wind facility property defined in section 45(d)(1); Qualified clean hydrogen. Qualified clean hydrogen means • Solar energy property to generate electricity defined in hydrogen that is produced through a process that results in a section 48(a)(3)(i); or lifecycle greenhouse gas emissions rate of not greater than 4 • Qualified small wind energy property defined in section kilograms of CO2e per kilogram of hydrogen. 48(a)(3)(vi). Additional requirements for qualified clean hydrogen. The property has to meet the following: Qualified clean hydrogen also requires the following. • A maximum net output of less than 5 megawatts (as • Hydrogen is produced in the United States (as defined in measured in alternating current); and section 638(1)) or a possession of the United States (as • Is located in a low-income community (as defined in section defined in section 638(2)). 45D(e)) or on Indian land (as defined in section 2601(2) of • Hydrogen is produced in the ordinary course of a trade or the Energy Policy Act of 1992 (25 U.S.C. 3501(2))), or is business of the taxpayer. part of a qualified low-income residential building project or • Hydrogen is produced for sale or use. a qualified low-income economic benefit project. • The production and sale or use of such hydrogen is verified Eligible property. Eligible property means energy property by an unrelated party. that is part of the following facilities. Provisional emissions rate. In the case of any hydrogen for • Wind facility property described in section 45(d)(1) for which which a lifecycle greenhouse gas emissions rate has not been an election was made to treat qualified facilities as energy determined for purposes of this section, a taxpayer producing property. such hydrogen may file a petition with the Secretary for • Solar energy property to generate electricity described in determination of the lifecycle greenhouse gas emissions rate section 48(a)(3)(A)(i). with respect to such hydrogen. • Qualified small wind energy property described in section Regulations. The Secretary shall issue guidance to carry out 48(a)(3)(A)(vi). the purposes of this section, including guidance to recapture any • Energy storage technology described in section 48(a)(3)(A) credit allowed that exceeds the amount of the credit that would (ix)) installed in connection with the above facility properties. have been allowed if the expected production were consistent Enter the amount attributable to certain solar and wind with the actual verified production (or all of the credit so allowed facilities placed in service in connection with low-income in the absence of such verification). communities on Line 12hh Worksheet, line 6. Attach to your Enter the amount of clean hydrogen production facilities that return a statement with the description of how you calculated the will be treated as energy property on Line 12hh Worksheet, credit. See Additional information, later, for more information. line 7. Attach to your return a statement with the description of Election to treat clean hydrogen production facilities as how you calculated the credit. See Additional information below energy property. In the case of any qualified property (as for more information. defined in section 48(a)(5)(D)) that is part of a specified clean Additional information. You must attach a statement to Form hydrogen production facility, such property will be treated as 3468 that includes the following information. energy property for purposes of this section, and the energy percentage with respect to such property is as follows. 1. Your name, address, taxpayer identification number, and • 1.2%, in the case of a facility that is designed and telephone number. reasonably expected to produce qualified clean hydrogen, 2. For each qualified investment credit facility property, include described in section 45V(b)(2)(A). the following. • 1.5%, in the case of a facility that is designed and reasonably expected to produce qualified clean hydrogen a. A detailed technical description of the facility, including that is described in section 45V(b)(2)(B). generating capacity. • 2%, in the case of a facility that is designed and reasonably b. A detailed technical description of the energy property expected to produce qualified clean hydrogen that is placed in service during the tax year as an integral part described in section 45V(b)(2)(C). of the facility, including a statement that the property is • 6%, in the case of a facility that is designed and reasonably an integral part of such facility. expected to produce qualified clean hydrogen that is described in section 45V(b)(2)(D). c. The date that the energy property was placed in Denial of production credit. No credit will be allowed under service. section 45V or section 45Q for any tax year with respect to any d. An accounting of your basis in the energy property. specified clean hydrogen production facility or any carbon capture equipment included at such facility. e. A depreciation schedule reflecting your remaining basis Specified clean hydrogen production facility. Specified in the energy property after the energy credit is claimed. clean hydrogen production facility means any qualified clean 3. A statement that you haven't and won’t claim a Section hydrogen production facility to include the following. 1603 grant for new investment in the property for which you • Owned by the taxpayer. are claiming the energy credit. • Produces qualified clean hydrogen. • The construction of which began before 2033. 4. A declaration, applicable to the statement and any • Is placed in service after 2022. accompanying documents, signed by you, or signed by a • No credit has been allowed under section 45V or 45Q. person currently authorized to bind you in such matters that • The taxpayer makes an irrevocable election. state the following: “Under penalties of perjury, I declare • An unrelated third party has verified (in such form or manner that I have examined this statement, including as the Secretary may prescribe) that such facility produces accompanying documents, and to the best of my hydrogen through a process that results in lifecycle knowledge and belief, the facts presented in support of this greenhouse gas emissions that are consistent with the statement are true, correct, and complete.” hydrogen that the facility was designed and expected to Instructions for Form 3468 (2022) -15- |
Page 16 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 12hh Worksheet Use the following worksheet to calculate the amount to be entered on Form 3468, line 12hh. This worksheet is generally applicable for property placed in service after 2022. 1. Energy storage technology property basis * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 30% (0.30) 1. 2. Qualified biogas property basis * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 30% (0.30) 2. 3. Microgrid controller basis * . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 30% (0.30) 3. 4. Domestic content bonus credit ** 4a. Doesn't satisfy requirements in section 45(b)(9)(B). List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 4a of the worksheet. Enter the total basis amount and multiply by the applicable credit rate increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 2% (0.02) 4a. 4b. Satisfies requirements in section 45(b)(9)(B). List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 4b of the worksheet. Enter the basis amount and multiply by the applicable credit rate increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 10% (0.10) 4b. 5. Energy communities ** 5a. Doesn't satisfy requirements in section 48(a)(9)(B). List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 5a of the worksheet. Enter the total basis amount and multiply by the applicable credit rate increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 2% (0.02) 5a. 5b. Satisfies requirements in section 48(a)(9)(B). List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 5b of the worksheet. Enter the total basis and multiply by the applicable credit rate increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 10% (0.10) 5b. 6. Certain solar and wind facilities in connection with low-income communities ** 6a. Facility located in a low-income community per section 45D(e). List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 6a of the worksheet. Enter the total basis amount and multiply by the energy percentage increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 10% (0.10) 6a. 6b. Facility located in a low-income community on Indian land per section 2601(2) of the Energy Policy Act of 1992 (25 U.S.C. 3501(2)). List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 6b of the worksheet. Enter the total basis amount and multiply by the energy percentage increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 10% (0.10) 6b. 6c. Qualified low-income residential building project facility. List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 6c of the worksheet. Enter the total basis amount and multiply by the energy percentage increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 20% (0.20) 6c. 6d. Qualified low-income economic benefit project. List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 6d of the worksheet. Enter the total basis amount and multiply by the energy percentage increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 20% (0.20) 6d. * For fiscal year filers, the project of which construction begins on January 29, 2023, or later, the credit amounts are 6% and 2% respectively, unless the prevailing wage and apprenticeship requirements are satisfied or the project has a maximum net output of less than 1 megawatt of electrical or thermal energy. See Increased credit amount for energy projects, earlier, for information regarding project requirements. ** Each percent applies to a unique property. One property cannot have the different percent added on within a line. -16- Instructions for Form 3468 (2022) |
Page 17 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 12hh Worksheet, continued 7. Clean hydrogen production facilities as energy property ** 7a. Facility that is designed and reasonably expected to produce qualified clean hydrogen per section 45V(b)(2)(A). List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 7a of the worksheet. Enter the total basis amount and multiply by the energy percentage increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 1.2% (0.012) 7a. 7b. Facility that is designed and reasonably expected to produce qualified clean hydrogen per section 45V(b)(2)(B). List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 7b of the worksheet. Enter the total basis amount and multiply by the energy percentage increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 1.5% (0.015) 7b. 7c. Facility that is designed and reasonably expected to produce qualified clean hydrogen per section 45V(b)(2)(C). List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 7c of the worksheet. Enter the total basis amount and multiply by the energy percentage increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 2% (0.02) 7c. 7d. Facility that is designed and reasonably expected to produce qualified clean hydrogen per section 45V(b)(2)(D). List the line numbers from the Form 3468 used for this calculation. Add the basis in property for the line numbers you entered on line 7d of the worksheet. Enter the total basis amount and multiply by the energy percentage increase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . × 6% (0.06) 7d. 8. Total. Combine lines 1 through 7. Enter this amount on Form 3468, line 12hh . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. * For fiscal year filers, the project of which construction begins on January 29, 2023, or later, the credit amounts are 6% and 2% respectively, unless the prevailing wage and apprenticeship requirements are satisfied or the project has a maximum net output of less than 1 megawatt of electrical or thermal energy. See Increased credit amount for energy projects, earlier, for information regarding project requirements. ** Each percent applies to a unique property. One property cannot have the different percent added on within a line. Instructions for Form 3468 (2022) -17- |
Page 18 of 18 Fileid: … ions/i3468/2022/a/xml/cycle05/source 12:00 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 13 rehabilitation credit or energy credit allocated from cooperatives. If you are a cooperative, see the instructions for Form 3800, Part Patrons, including cooperatives that are patrons in other III, line 1a, for allocating the investment credit to your patrons. cooperatives, enter the unused investment credit from the 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 return. The estimated burden for all other taxpayers who file this form is shown below. Recordkeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 hr., 39 min. Learning about the law or the form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 hr., 21 min. Preparing and sending the form to the IRS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 hr., 55 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. -18- Instructions for Form 3468 (2022) |