PDF document
- 1 -
2022 Credit for Renewable Energy Investment and 
Production for Self-Consumption by                                                                       Arizona Form  
International Operations Centers                                                                                 351 
For information or help, call one of the numbers listed:                •   Invest $1.25 billion in  the IOC  within 10  years after 
Phoenix                                        (602) 255-3381               being certified  by the Arizona Commerce Authority 
From  area codes 520 and 928, toll-free        (800) 352-4090               (ACA). 
Tax forms, instructions, and other tax information                      •   The energy produced  must be used  for self-
If you need tax forms, instructions, and other tax information,             consumption 
go to the department’s website atwww.azdor.gov.                         •   By the fifth year the facility is in operation, at least 51 
Income Tax Procedures and Rulings                                           percent of the energy produced must be used for self-
These instructions may refer to the department’s income tax                 consumption in Arizona. 
procedures and rulings  for more information.   To view or         NOTE:      A  taxpayer that is  initially authorized as an 
print these,  go to our  website and select    Reports  & Legal    International Operations Center after December 31, 2018 may 
Research from the main menu, then click on     Legal Research       not claim this tax credit.   
and select a Document Type and a Category  from the drop           This credit  is available to corporate taxpayers, exempt 
down  menus.                                                       organizations  subject  to unrelated business taxable income 
Publications                                                       (UBTI), and corporate partners in a partnership.  The total of the 
To view or print  the department’s publications,  go to our        credits may not  exceed the amount that  would have  been 
website, select    Reports  &  Legal Research    from the  main    allowed for a sole owner of the business.   
menu, and click on Publications in the left hand column.           If the current taxable  year's credit  exceeds  the taxpayer’s tax 
 
                                                                   liability for the taxable year, the taxpayer may carry forward the 
                   General Information                             unused credit  to the  next five consecutive taxable  years. No 
This credit provides nonrefundable corporate income tax credits    credit, other than carryovers generated properly, may be claimed 
for investment in new renewable energy facilities that produce     for any taxable year beginning after December 31, 2025. 
energy for self-consumption using renewable energy resources if 
the power will be used primarily for an International Operations                       Credit Recapture 
Centers.  The  credit authorized is $5  million  per year for five If an IOC taxpayer fails to make the $1.25 billion investment in 
years.  The initial credit is claimed  in the  year the  facility  the center  within  the 10  years after certification,  this credit  is 
becomes   operational.                                             recaptured in inverse proportion to the total capital investment 
NOTE:     For taxable years beginning from and after December      made in the IOC by the $1.25 billion.  The recapture must be 
31,  2018, this credit  is  no longer  available  to  individual   made on the taxpayer's income tax return for the taxable year in 
                                                                   which it is first known that the required investment would not be 
taxpayers.   It is available only to corporate taxpayers.          made within the required time or the taxable year in which the 
                                                                   certification was revoked. 
                                                                    
                   Claiming this Credit 
To  claim this  credit,  a  taxpayer must  apply to  the Arizona   Example: 
                                                                    
Department of  Revenue  (Department)  for certification.  The      Ten years after its certification, an IOC taxpayer invested $900 
department reviews and pre-approves the taxpayer for the credit    million  in its  center and  claimed $25  million  for this credit 
on a first-come, first-served basis. The maximum amount of this    ($5,000,000  per year for  5 years.)  The IOC taxpayer  will 
credit a taxpayer can receive is $5,000,000 per tax year.  The     determine its credit recapture by subtracting its total investment 
department  may not  authorize  tax  credits under A.R.S. §        ($900 million) from the required investment ($1.25 billion) and 
43-1164.05 that exceed, in the aggregate, a total of $10 million   dividing that amount by the required investment. 
for any calendar year.                                             IOC taxpayer invests $900 million in 10 years.  
The taxpayer must submit a request for final certification to the   
department within 30 days after the renewable energy facility for  Required investment amount is $1.25 billion.  
which authorization was given  becomes  operational.  See  the      
program guidelines at www.azdor.gov under the “Tax Credits”        Required Investment                  $1,250,000,000 
                                                                   Total Investment                     $   900,000,000 
section.  
                                                                   Amount not invested                  $   350,000,000 
The  taxpayer must  qualify  for this credit as  an International   
                                                                   Amount not invested                  $   350,000,000 
Operations   Center (IOC).                                         Required Investment                  $1,250,000,000 
To qualify, a taxpayer must:                                       Percentage not invested                              28% 
    •     Invest at least $100 million in one or more renewable     
          energy facilities in Arizona.                            Calculate Credit Recapture 
    •     The minimum investment  of $100 million must  be         Total Credit Claimed                          $25,000,000 
          completed within a 3-year period beginning on the date   Percentage (above)                                   28% 
          the initial application is received by the department or Amount to Recapture                                  $ 7,000,000 
                                                                    
          by December 31, 2018, whichever is earlier.              The IOC taxpayer will report a credit recapture on its income tax 
                                                                   return  of $7 million.                
                                                                    



- 2 -
                                                                                                                  Arizona Form 351 
                                                                     Line  9  
                 Specific Instructions                               Enter the lesser of line 8 or $5,000,000. This is your current 
Complete the name and taxpayer identification number (TIN)            year’s total tax credit.  This amount cannot exceed $5 million.   
section at the top of the form. Indicate the period covered by       NOTE:  The maximum credit allowed per taxpayer per 
the taxable  year.  Include  the completed form and  all             taxable  year is $5 million. 
supporting    documentation with the tax return. 
All returns, statements, and  other documents  filed  with the                   Part 2 – Credit Recapture  
department require a  TIN.  The  TIN for a corporation,  an           
exempt organization  with UBTI, an  S Corporation,  or a             NOTE:  If you are a partnership that passed the credit 
partnership is the taxpayer's employer identification number         through to corporate partners, do not complete Part 2.  You 
(EIN). Taxpayers that fail to include their TIN may be subject       will report the recapture to the partners Form 351-P.    
                                                                      
to a penalty.                                                         Line 10  
NOTE – To claim this credit:                                         If you received a notice from the department that your credit 
•    C Corporations, S Corporations claiming this credit at          is subject to recapture, check the  “Yes” box, and include  a 
     the corporate  level, and  exempt organizations with            copy of the notice.  If you did not, check the “No” box and 
     UBTI,    complete this credit form and Arizona Form 300  ,       skip to line 17.  
     Nonrefundable Corporate  Tax Credits and Recapture.             Line  11  
     Include both completed forms with your tax return.              Enter  the facility code indicated on the certificate. 
•    Partnerships,   complete this credit form.  Also, complete 
                                                                     Line 12  
     Form 351-P for each  corporate  partner of the                   
     partnership.  Provide each corporate partner a copy of          Enter the taxable year(s) in which you took a credit or credit 
     his or her completed Form  351-P.  Include Form 351             carryover   as an IOC.   
     and one copy of each completed Form 351-P with your             Line  13  
     tax return.                                                     Enter the credit amount  previously authorized by the 
                                                                      department. 
   Part 1 Qualification for and Current                             Line 14  
                 Taxable Year’s Credit                                Enter the amount of credit carryover that remains unused. 
Line 1                                                                Line 15  
If  you received any certificate(s) directly  from  the              Subtract line 14 from line 13 and enter the amount. 
department, check the “Yes” box and include a copy of the            Is line 15 less than zero? 
certificate.  If you did not, check the “No” box and skip to line 4. If  you subtract line 14  from  line 13 and  your result is less 
Line 2                                                               than zero, you may be eligible to use a portion of your credit 
Enter the facility code for which you received the credit.           carryforward.   
Line 3                                                               To determine the amount of credit carryforward you can use, 
Enter the total amount of  the credit  authorized by the             subtract line 13 from line 14. The difference is the amount of 
 certificate.                                                        this credit you can carry forward. 
Line 4                                                               EXAMPLE: 
If  you received a Form 351-P, check the  “Yes” box  and             On your Form 351, line 13 is $5,000,000 and line 14  is 
include a copy of the form.  If you did not, check the “No”          $4,000,000.  If you subtract line 14 from line 13, the result is 
box  and skip to Part 2.                                             negative ($1,000,000).   
Line 5                                                               As instructed above,  line 13, $5,000,000, from line  14, 
                                                                     $4,000,000.  The difference is $1,000,000. 
Enter the facility code indicated on Form 351-P.                      
                                                                     This is the amount of this credit you can carry forward.    
Line 6                                                                
Enter the  name and EIN of the company passing the credit             Line 16  
through  to you.                                                     Enter the greater of line 15 or “0”. This is the amount of your 
Line 7                                                                direct recapture.   
Enter your portion of the credit indicated on Form 351-P.  If        NOTE:  If you are a  corporate  partner in multiple entities 
you receive this credit from more than one partnership, enter        receiving this tax credit, total the amounts received from all 
the total of all credits passed through from partnerships.           partnerships on Form(s) 351-P and enter the total.  Include a 
NOTE: If you are a partner in multiple entities receiving this        copy of each Form 351-P you received with your return.  
tax credit, total the amounts  received from all partnerships        Line  17  
on Form(s) 351-P and enter the total.  Include a copy of each        If you received a notice of recapture on Form 351-P, check 
Form  351-P you received with your return.                           the “Yes” box and include a copy of the form.  If you did not, 
Line 8                                                               check   the “No” box and skip to Part  3.  
Add lines 3 and 7 and enter the total.    
                                                                  2 
  



- 3 -
                                                                                                               Arizona Form 351 
Line 18                                                               Line 26  
Enter the name and EIN of the partnership who sent you the           Enter the amount of the credit you previously claimed on an 
notice of recapture.                                                  earlier tax return.   
Line 19                                                               Line 27  
Enter the tax year(s) you claimed the credit.                        Subtract line 26 from line 25 and enter the difference.  This is 
Line 20                                                               your net available credit carryover. 
Enter the total  amount of the  credit  subject to recapture         Line  28  
passed  through to you on Form 351-P, Part 2, line 7.                Enter  the  amount  of  this  credit carryover  that  was 
Line 21                                                              disqualified. 
Enter the amount of the credit carryover that remains unused.         Line 29  
Line 22                                                              Subtract  line 28 from line 27 and enter the difference.   
Subtract line 21 from line 20 and enter the difference.               Line 30  
Is line 22 less than zero?                                           Add lines 29(a) through (c) and enter the total.  This is your 
If you subtract line 21 from line 20 and the difference is less        total available credit carryover. 
than zero, you may be eligible to use a portion of your credit 
                                                                              Part 4 – Total Available Credit 
 carryforward.                                                                                                              
To determine the amount of credit carryforward you can use,          Line 31 
subtract line 20 from line 21. The difference is the amount of       Enter the amount from Part 1, line 9. 
this credit you can carry forward.                                   C Corporations,  S Corporations that elected to claim the 
 EXAMPLE:                                                            credit at the corporate level, and exempt organizations with 
                                                                     UBTI: 
On your Form 351, line 21 is $5,000,000 and line 20  is $4,000,000.   If  you  subtract  line  21  from line 20, the             Enter the amount from line 9.  This is your total current 
                                                                         year’s credit.  It is the sum  of the current  year’s credit 
difference   is negative ($1,000,000).                                   that you established and also the pass-through credit you 
As instructed above, you then subtract line 20, $5,000,000,              received in the current year. 
from line 21, $4,000,000.  The result is $1,000,000.                 •   Also, enter this amount on  Form 300, Part 1, line  15, 
This is the amount of credit you can carry forward.                      column (a). 
Line 23                                                               Line 32  
Enter the greater of line 22 or “0”.  This is the amount of the      Enter the amount from Part 3, line 30.   
credit recapture passed through to you from a partnership.           C Corporations,  S Corporations that elected to claim the 
Line 24                                                              credit at the corporate level, and exempt organizations with 
Add  lines 16 and 23 and enter the total.                            UBTI:  This is your total recapture amount.                                     Enter the amount from Part 3, line 30.  This is your total 
C Corporations,  S Corporations that elected  to claim this              available credit carryover for renewable energy 
credit at the corporate level, and exempt organizations  with            investment and production for international operations 
UBTI, enter this amount on Form 300, Part 2, line 22.                    centers. 
                                                                     •   Also, enter this amount on  Form 300, Part 1, line  15, 
                                                                         column (b). 
     Part 3 – Available Credit Carryover  
                                                                     Line  33  
Use Part 3 to figure your total available credit carryover from       Add lines 31 and 32.  Enter the total.   
prior taxable years. Columns (a) through (c) represent the tax       C Corporations,  S  Corporations that elected to claim the 
years for which you claimed this credit.  Complete lines 25          credit at the corporate level, and exempt organizations with 
through 29, columns (a) through (c), if you claimed the credit       UBTI:  
on a prior year’s return and the credit exceeded  your tax           •   Add line 31 and line 32, enter the total.  This is the total 
liability.                                                               available credit that may be applied to the current year's 
NOTE: This credit has a five year carryforward.  You have                tax liability.  
                                                                     •
five years in which to apply this credit to your Arizona taxes.          Also, enter this amount on  Form 300, Part 1, line  15, 
                                                                         column (c). 
Line 25                                                                  
Enter the amount of the credit originally computed  for  the 
first year you claimed the credit. 

                                                                   3 
  



- 4 -
                                                                                                               Arizona Form 351 
                                                                  •   Multiply column (b) by column (c) enter  the result  in 
   Part 5 – Corporate Partner’s Portion of                            column (d) for each corporate partner 
                          Credit                                  The amounts indicated in column (d) are the respective 
                                                                  corporate partner’s portion of this credit.   
PASSING        THIS       CREDIT        THROUGH          TO       Enter the amount(s) from  column (d)  in each respective 
CORPORATE         PARTNERS OF A PARTNERSHIP                       corporate    partner’s Form 351-P, line 3(c). 
Partnerships  must  pass this  credit through to its corporate     Total:  
partners.   Partnerships  claiming this credit  that have         Add  the amounts in column (d) and enter the  total.   This 
individual partners lose the  individual partner’s combined       amount  will  equal the credit amount on the certificate  you 
ownership  percentage of the credit.                              received from the Department.   
                                                                   
A partnership  must complete its own Form 351, Parts 1            To complete the pass through of this credit, the partnership 
through 4 (as  necessary) to pass this credit through to its      must complete Form 351-P for each corporate partner, and: 
 partners.                                                        •  Provide each corporate partner with their respective copy 
NOTE:  If you have more than 10 corporate partners, create            of Form 351-P,  
a  similar  worksheet  to  pass  through the  credit  amount.    Include a copy of each completed Form 351-P  with its 
 Include that amount with your return.                                tax return, and  
To  pass this credit  amount  through  to  your  corporate        •   Keep a copy of each completed Form 351-P for its 
partners - enter the Tax Year(s) on the notice you received           records. 
                                                                   
from the Department or from Forms 351-P you received.             The corporate partner will then complete its own Form 351 to 
  
•  Enter each corporate partner’s name in column (a) 
•  Enter the  corporate  partner’s corresponding  ownership 
Using the table below, complete lines 1 10 as follows:          claim        this credit.   
   percentage of the partnership in column (b) 
•  Enter the total credit amount from the certificate or Form 
   351 you received in each line of the worksheet in column 
   (c). 
 
NOTE:    Each corporate partner is entitled to only a pro rata share of the credit based on the corporate partner’s ownership 
interest in the partnership. The total of the credit allowed to all partners may not exceed the amount that would have been allowed 
for a sole owner. 
 
Use this worksheet to figure the amount of the credit to be passed through to each partner. 
 
Tax Year       
                          (a)                        (b)                       (c)                              (d) 
                  Corporate Partner            Ownership %          Credit Amount                Corporate Partner’s Portion 
1                                                                                               
2                                                                                               
3                                                                                               
4                                                                                               
5                                                                                               
6                                                                                               
7                                                                                               
8                                                                                               
9                                                                                               
10                                                                                              
Total                                                                                          $ 
 
                                                                4 
  



- 5 -
                                                                                                            Arizona Form 351 
RECAPTURE  OF  THIS CREDIT  PASSED                                   Example: 
THROUGH TO  CORPORATE  PARTNERS  OF A                                Partnership claimed this credit for five years, 1 through 5.  
                                                                     Each year, Partnership claimed the maximum amount, $5M.  
 PARTNERSHIP                                                         The total credit claimed was $25M.   
If you passed this credit through to your corporate partners in 
a previous tax  year and then received a  notice from the            During the time Partnership claimed this credit,  it had  5 
Arizona Department of Revenue that your credit is subject to         corporate Partners: 
recapture during  this  year,  you  must pass the amount(s)          •   Corporate Partner A owned 20% of Partnership for each 
subject to recapture through  to  your  corporate  partners  that        year, 1 through 5 
received the credit.                                                 •   Corporate Partner B owned 20% of Partnership for each 
                                                                         year 1 through 5 
This credit  was passed through to  your  corporate  partners        •   Corporate  Partner C owned 20% of Partnership for 
based on their ownership percentage (per  year).   The                   years 1 through 3; in year 4, Partner C sold  its 
recapture amount is based on a percentage of the total credit            ownership  percentage of Partnership  to  Corporate 
passed through to all partners.  You will receive a notice of            Partner D 
recapture from the Department indicating the percentage  of          •   Corporate  Partner D owned 20% of Partnership for 
this credit that is subject to recapture.  You must notify your          years 1 through 3; for years 4 and 5, Corporate Partner 
shareholders of their portion of this amount.                            D owned 40% of Partnership 
  
To notify  your  corporate  partners of their respective             •   Corporate Partner E owned 20% of Partnership for each 
amount(s) of this credit that is subject to recapture from them:         year 1 through 5. 
   A. Determine the amount of credit passed through to each            
      partner for all years of the credit                            During year 7, Partnership received a notice from the 
   B. Multiply the amount in  A (above)  by the recapture            Department indicating 40%, or $10Million  of its credit is 
      percentage (provided by Arizona Department of                  subject to recapture. 
      Revenue)                                                        
   C. Complete  Part 2 of Form 351-P for each partner                Using the 351-P Forms it completed for years 1 through 5, 
      informing him/her of the amount of this credit subject to      Partnership determined it  passed through the following 
      recapture.                                                     amounts of credits to each of its partners for these years: 
                                                                      
                                                                     Corporate Partner        Total Credit Passed Through 
                                                                     Corporate Partner A             $ 5,000,000 
                                                                     Corporate Partner B             $ 5,000,000 
                                                                     Corporate Partner C             $ 3,000,000 
                                                                     Corporate Partner D             $ 7,000,000 
                                                                     Corporate Partner E             $ 5,000,000 
                                                                     Total Credit                    $25,000,000 
  
Multiplying each partner’s amount of credit “passed through” by the recapture percentage, 40%, Partnership determined the 
credit amount(s) subject to recapture for each partner is: 
 
Partner:                  Credit Amount                           Recapture %            Subject to Recapture 
Corporate Partner A       $ 5,000,000                                  40%               $ 2,000,000 
Corporate Partner B       $ 5,000,000                                  40%               $ 2,000,000 
Corporate Partner C       $ 3,000,000                                  40%               $ 1,200,000 
Corporate Partner D       $ 7,000,000                                  40%               $ 2,800,000 
Corporate Partner E       $ 5,000,000                                  40%               $ 2,000,000 
Total Credit              $25,000,000                                  40%               $10,000,000 
 
Partnership completed Form 351-P for each corporate partner above informing it of the amount of this credit that is subject to 
recapture.   
  
                                                                   5 
  



- 6 -
                                                                                                           Arizona Form 351 
                                                                  To distribute the recapture amount to the  corporate 
    Form 351-P, Distribution to Corporate                          partners of the partnership (complete lines 4 through 7): 
           Partners of a Partnership                              Line 4 
  
                                                                  a)  Enter the partnership name 
Indicate the taxable year for which this credit is being passed 
                                                                  b)  Enter the partnership EIN 
through to your corporate partners.                               Line 5 
Complete   Form 351-P for each corporate partner.                 a)  Enter the corporate partner’s name 
NOTE:                                                             b)  Enter the corporate partner’s TIN 
Partnerships  use  Form  351-P  to  notify each  corporate        Line 6 
partner of their share of:                                        a)  Enter the  facility code for  which this credit  was 
•    The credit to be claimed, or                                     originally approved 
•    The credit subject to recapture.                             b) Enter the tax year(s) for which this credit was originally 
                                                                      approved 
To distribute the credit to the corporate partners of the 
                                                                  Line 7 
partnership    (complete lines 1 through 3c):                     Enter the corporate partner’s portion of the credit subject to 
Line 1                                                            recapture from the worksheet in the instructions.   
a)   Enter the partnership name                                    
b) Enter the partnership’s EIN                                    This is the  corporate  partner’s  portion  of the credit 
c)   Enter the  facility code for  which this credit  was         subject to recapture. 
     received.                                                     
Line 2                                                             
a)   Enter the corporate partner’s name 
b)   Enter the corporate partner’s TIN 
Line 3a, 3b, and 3c 
a)   Enter the amount of this credit for which the partnership 
     was approved from Part 1, line 9. 
b) Enter the corporate partner’s ownership percentage 
c)   Multiply line 3(a) by line 3(b) and enter the result. 
 
This is the corporate partner’s portion of this credit. 
 
                                                                6 
  






PDF file checksum: 3754646206

(Plugin #1/9.12/13.0)