Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/i8911/202401/a/xml/cycle09/source (Init. & Date) _______ Page 1 of 6 8:18 - 13-Feb-2024 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 Instructions for Form 8911 (Rev. January 2024) Alternative Fuel Vehicle Refueling Property Credit Section references are to the Internal Revenue Code this credit directly on line 1s in Part III of Form 3800, unless otherwise noted. General Business Credit. Future Developments Which Revision To Use For the latest information about developments related to Use the January 2024 revision of Form 8911 for tax years Form 8911 and its instructions, such as legislation beginning in 2023 or later, until a later revision is issued. enacted after they were published, go to IRS.gov/ Use prior revisions of the form for earlier tax years. All Form8911. revisions are available at IRS.gov/Form8911. What's New Amount of Credit For property of a character subject to an allowance for Credit modification. The Inflation Reduction Act of 2022 depreciation (business/investment use property), the modified the credit for certain refueling property placed in credit for each item of property is the smaller of 6% (30% if service after 2022. certain project requirements are met) of the property's Property must be located in an eligible census tract. cost or $100,000. For property of a character not subject Refueling property placed in service after 2022 will not be to an allowance for depreciation placed in service at your treated as qualified alternative fuel vehicle refueling main home (personal use property), the credit for each property unless the property is placed in service in an item of property is generally the smaller of 30% of the eligible census tract. For this purpose, an eligible census property's cost or $1,000. tract is any population census tract that is described in section 45D(e) or that is not an urban area. See Eligible Each property’s cost must first be reduced by any census tract. section 179 expense deduction taken for the property. Tax-exempt and governmental entities. For tax years Applicable Entities beginning after 2022, applicable entities (such as certain For tax years beginning after 2022, applicable entities as tax-exempt and governmental entities) can elect to treat defined under section 6417(d)(1)(A) that generally don't the alternative fuel vehicle refueling property credit as a benefit from income tax credits can elect to treat the payment of income tax. See Applicable Entities. business credit for alternative fuel vehicle refueling Transfer of alternative fuel vehicle refueling property property as a payment of income tax. Resulting credit. For tax years beginning after 2022, eligible overpayments may result in refunds. taxpayers, partnerships, and S corporations can elect to transfer all or part of the credit amount otherwise allowed Applicable entities making the elective payment as a general business credit to an unrelated third-party election for the alternative fuel vehicle refueling property buyer in exchange for cash. Eligible taxpayers don’t credit must file the following. include applicable entities. See Credit Transfers. • Form 8911. • The statements required for amounts reported on Form Pre-filing registration. The IRS has established a 8911, lines 1 and 7. pre-filing registration process that must be completed prior • Form 3800, General Business Credit. to electing payment or transfer of the alternative fuel • Form 990-T, Exempt Organization Business Income Tax vehicle refueling property credit. See Pre-Filing Return, or other applicable income tax return. Registration for Payments and Transfers. For a discussion of what is an applicable entity, see Applicable entity making an elective payment election on General Instructions IRA 2022 credits in the Instructions for Form 3800. For Purpose of Form more information on elective payment elections under section 6417, see Elective Payment of Certain Business Use Form 8911 to figure your credit for alternative fuel Credits Under Section 6417 or Section 48D in the vehicle refueling property you placed in service during Instructions for Form 3800. your tax year. The part of the credit attributable to business/investment use is treated as a general business Credit Transfers credit. Any part of the credit not attributable to business/ For tax years beginning after 2022, under section 6418, investment use is treated as a personal credit. eligible taxpayers, partnerships, and S corporations can Partnerships and S corporations must file this form to elect to transfer all or a part of the credit figured in Part II to claim the credit. All other taxpayers aren’t required to an unrelated third-party buyer in exchange for cash. For complete or file this form if their only source for this credit more information on credit transfers, see Transfer of is a partnership or S corporation. Instead, they can report Eligible Credits Under Section 6418 in the Instructions for Form 3800. Feb 13, 2024 Cat. No. 67911K |
Page 2 of 6 Fileid: … ns/i8911/202401/a/xml/cycle09/source 8:18 - 13-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Pre-Filing Registration for Payments than an applicable entity that claims the credit and elects payment), or a foreign person or entity, and the use of that and Transfers property is described in section 50(b)(3) or (4), you can Before you file your tax return, if you intend to make an claim the credit, but only if you clearly disclose in writing to elective payment election or transfer election on Form the purchaser the amount of the tentative credit allowable 3800 for the credit in Part II, you must complete a pre-filing for the refueling property (included on line 7 of Form registration for each property or project. To register, go to 8911). Treat all property eligible for this exception as IRS.gov/Credits-Deductions/Register-for-Elective- business/investment use property. If you elect to claim the Payment-or-Transfer-of-Credits. credit, you must reduce cost of goods sold by the amount See Pub. 5884, Inflation Reduction Act (IRA) and you entered on line 7 for that property. CHIPS Act of 2022 (CHIPS) Pre-Filing Registration Tool. Alternative fuel. The following are alternative fuels. Also see Registering For and Making Elective Payment • Any fuel at least 85% of the volume of which consists of and Transfer Elections in the Instructions for Form 3800. one or more of the following: ethanol, natural gas, Required statement for elective payment and transfer compressed natural gas, liquefied natural gas, liquefied elections. See the specific instructions for Line 7, later. petroleum gas, or hydrogen. • Any mixture which consists of two or more of the Qualified Alternative Fuel Vehicle following: biodiesel (as defined in section 40A(d)(1)), diesel fuel (as defined in section 4083(a)(3)), or kerosene, Refueling Property and at least 20% of the volume of which consists of Qualified alternative fuel vehicle refueling property is any biodiesel determined without regard to any kerosene in property (other than a building or its structural such mixture. components) used for either of the following. • Electricity. • To store or dispense an alternative fuel (defined below) other than electricity into the fuel tank of a motor vehicle Bidirectional charging equipment. Property will not fail propelled by the fuel, but only if the storage or dispensing to be treated as qualified alternative fuel vehicle refueling is at the point where the fuel is delivered into that tank. property solely because it: • To recharge an electric vehicle, but only if the • Is capable of charging the battery of a motor vehicle recharging property is located at the point where the propelled by electricity, and vehicle is recharged. • Allows discharging electricity from such battery to an electric load external to the motor vehicle. In addition, the following requirements must be met to qualify for the credit. Eligible census tract. Property placed in service after • You placed the refueling property in service during your 2022 will not be treated as qualified alternative fuel vehicle tax year. refueling property unless it was placed in service in an • The original use of the property began with you. eligible census tract. Worksheet 1 will help you determine • The property isn’t used predominantly outside the whether property placed in service in 2023 or 2024 was United States. placed in service in an eligible census tract. For • If the property isn’t business/investment use property, information about attaching a statement providing the property must be installed on property used as your information supporting this determination, see the specific main home. instructions for Line 1, later. • The property must be located in an eligible census For more information, see Notice 2024-20, 2024-7 tract. I.R.B. 668, available at IRS.gov/irb/ Exception. If you are the seller of new refueling property 2024-07_IRB#NOT-2024-20. to a tax-exempt organization or a governmental unit (other 2 Instructions for Form 8911 (January 2024) |
Page 3 of 6 Fileid: … ns/i8911/202401/a/xml/cycle09/source 8:18 - 13-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 1. Eligible Census Tract Determination for Refueling Property Placed in Service in 2023 or 2024 Keep for Your Records Use a separate worksheet for each separate location where property was placed in service. 1. Enter either the address or the latitude and longitude coordinates for the location where the refueling property was placed in service. 1. _____________________________________________________________________________________ 2. Enter the 11-digit census tract GEOID obtained by using the address or coordinates on line 1 with the CDFI mapping tool . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. _________________ The CDFI mapping tool is available at www.CDFIfund.gov/cims.* 3. Is the 11-digit census tract GEOID you entered on line 2 listed in Appendix A of Notice 2024-20? Yes. Property placed in service at the location described on line 1 is considered placed in service in an eligible census tract. No. Continue to line 4. Appendix A is available at IRS.gov/pub/irs-drop/Appendix-A-List-of-2015-Census-Tract-Boundary-30c-Eligible- Tracts-v2-1-4-2024.pdf. 4. Enter the 11-digit census tract GEOID obtained by using the address or coordinates on line 1 with the Census Geocoder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. _________________ To use an address, go to https://Geocoding.geo.Census.gov/Geocoder/Geographies/Address?Form.** To use latitude and longitude coordinates, go to https://Geocoding.geo.Census.gov/Geocoder/Geographies/ Coordinates?Form.** 5. Is the 11-digit census tract GEOID you entered on line 4 listed in Appendix B of Notice 2024-20? Yes. Property placed in service at the location described on line 1 is considered placed in service in an eligible census tract. No. Property placed in service at the location described on line 1 does not qualify for this credit. Appendix B is available at IRS.gov/pub/irs-drop/Appendix-B-List-of-2020-Census-Tract-Boundary-30c-Eligible- Tracts-v2-1-4-2024.pdf. * On that page, choose “CDFI,” which should take you to a page titled “CDFI Public Viewer.” In the left-hand side column, choose “Layers.” Under “CIMS Layers,” put a checkmark in the box next to “2015 CDFI Tract” and remove all checkboxes from other CIMS Layers. Specifically, uncheck the “2020 CDFI Tract” box. Type in the refueling property address or latitude and longitude in the “Search Addresses” bar at the top. This will take you to the tract of the location you entered. If you left click your mouse, the 11-digit population census tract identifier (that is, the GEOID) will appear. ** In the “Benchmark” drop-down menu, choose “Public_AR_Census2020.” In the “Vintage” drop-down menu, choose “Census2020_Current.” The 11-digit population census tract identifier is in the GEOID under “Census Tracts.” Further instructions to use the Census Geocoder are available at www2.Census.gov/Data/api- Documentation/Address%20Search%20-%20Geocoder%20and%20TIGERweb/How%20to%20Find%20Geo %20Info%20from%20Address.pdf. Electric charging stations for certain vehicles with section, the amount of credit that applies to business/ two or three wheels. Property of a character subject to investment use property that is part of the project will be an allowance for depreciation (business/investment use figured using a credit rate of 6% instead of 30%. property) for the recharging of a motor vehicle is qualified Qualified alternative fuel vehicle refueling project. A alternative fuel vehicle refueling property. For this purpose, qualified alternative fuel vehicle refueling project is a a motor vehicle: project consisting of one or more properties that are part • Is manufactured primarily for use on public streets, of a single project. roads, or highways (not including a vehicle operated exclusively on a rail or rails); Project requirements. A qualified alternative fuel vehicle • Has two or three wheels; and refueling project meets the project requirements if it is one • Is propelled by electricity. of the following. • A project the construction of which begins prior to Prevailing Wage and Apprenticeship January 29, 2023. • A project that satisfies the prevailing wage and Requirements apprenticeship requirements. If a qualified alternative fuel vehicle refueling project does not meet the project requirements discussed in this Beginning of construction. Two methods can be used to establish when construction of a qualified project has Instructions for Form 8911 (January 2024) 3 |
Page 4 of 6 Fileid: … ns/i8911/202401/a/xml/cycle09/source 8:18 - 13-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. begun. Both methods are subject to a continuity Basis Reduction requirement. Unless you elect not to claim the credit, you must reduce 1. The Physical Work Test is satisfied when physical the basis of the property by the sum of the amounts work of a significant nature begins, and the other entered on lines 7 and 13 for that property. requirements are met. 2. The Five Percent Safe Harbor is satisfied when a In the case of any applicable entity which makes the taxpayer pays or incurs 5% or more of the total cost of the election for payment of alternative fuel vehicle refueling qualified project and meets the other requirements. property credit, the credit is determined without regard to section 50(b)(3) and (4)(A)(i), and that property is treated The Continuity Requirement is satisfied if you as used in a trade or business of the applicable entity. demonstrate either continuous construction or continuous effort. Recapture Prevailing wage requirements. The taxpayer will If the property no longer qualifies for the credit, you may ensure that any laborers and mechanics employed by the have to recapture part or all of the credit. For more taxpayer or any contractor or subcontractor in the information, see section 30C(e)(5). construction of any qualified alternative fuel vehicle refueling property that is part of the project are paid wages Specific Instructions at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality in Line 1 which the project is located as most recently determined Attach a separate statement listing, for each property, a by the Secretary of Labor, in accordance with subchapter description and eligible census tract location for the IV of chapter 31 of title 40, United States Code. property, including the 11-digit census tract Geographic Apprenticeship requirements. Regarding the Identifier (GEOID) for the population census tract. The construction of any qualified alternative fuel vehicle 11-digit census tract GEOID is a GEOID defined by the refueling property that is part of the project, U.S. Census Bureau and comprised of a 2-digit state apprenticeship requirements are as follows. GEOID, 3-digit county GEOID, and 6-digit census tract • Taxpayers must ensure that the applicable percentage GEOID. The 11-digit census tract GEOID provides a of the total labor hours of the construction, alteration, or unique identifier for each population census tract in the repair work (including such work performed by any United States, including tracts in U.S. territories. contractor or subcontractor), subject to apprentice to journeyworker ratio, be performed by qualified Line 2 apprentices. For construction that begins in 2023, the ratio To figure the business/investment use part of the total is 12.5%. For construction that begins after December 31, cost, multiply the cost of each separate refueling property 2023, the ratio is 15%. by the percentage of business/investment use for that • Apprenticeship requirements for property. If during the tax year you convert property used apprentice-to-journeyworker ratios are subject to any solely for personal purposes to business/investment use applicable requirements for apprentice-to-journeyworker (or vice versa), figure the percentage of business/ ratios of the Department of Labor or the applicable state investment use only for the number of months you use the apprenticeship agency. property in your business or for the production of income. • With regard to participation, each taxpayer, contractor, Multiply that percentage by the number of months you use or subcontractor who employs four or more individuals to the property in your business or for the production of perform construction, alteration, or repair work must income and divide the result by 12. employ one or more qualified apprentices to perform such work. Registered apprenticeship programs can be located Line 3 using the Office of Apprenticeship's partner finder tool, Enter any section 179 expense deduction you took for the available at www.Apprenticeship.gov/Partner-Finder and property from Part I of Form 4562, Depreciation and through the applicable State Apprenticeship Agency Amortization. finder tool, available at www.Apprenticeship.gov/About-us/ State-Offices. Lines 4b and 4c Enter on line 4b any amount included on line 4a Required statement. See the specific instructions for attributable to property placed in service as part of a Lines 4b and 4c, later. project subject to project requirements that were not met. More information. For more information, see the See Prevailing Wage and Apprenticeship Requirements, following. earlier. • For initial guidance, see Notice 2022-61, 2022-52 I.R.B. If the amount you enter on line 4b is less than the 560, available at IRS.gov/irb/2022-52_IRB#NOT-2022-61. amount you entered on line 4a, attach a statement to • Proposed regulations are in Internal Revenue Bulletin provide additional information about the refueling property 2023-39, available at IRS.gov/irb/ used to figure the amount included on line 4c. Attach a 2023-39_IRB#REG-100908-23. separate statement for each project consisting of one or • Any future guidance provided by final regulations will be more refueling properties that are part of a single project. covered as discussed under Future Developments, earlier. The statement must include the following information. 4 Instructions for Form 8911 (January 2024) |
Page 5 of 6 Fileid: … ns/i8911/202401/a/xml/cycle09/source 8:18 - 13-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. Your name, address, taxpayer identification number, property, but don't include in the total more than $100,000 and telephone number. for any single item of property. 2. For each project, include the following. Line 7 a. A description of one or more properties placed in Applicable entities making an elective payment election service during the tax year as a part of the project, and eligible taxpayers, partnerships, and S corporations including a statement that the property is an integral part making an election to transfer all or part of the credit, of such project. attach a statement providing the following information for b. The date that the qualified alternative fuel vehicle refueling property used to figure the amount reported on refueling property was placed in service. line 7. c. The cost of the property. 1. The name, address, and taxpayer identification d. Location of the refueling property or properties. number used to obtain the IRS-issued registration 3. For each project that began construction before number(s). January 29, 2023, a statement that you met the Continuity 2. For each separate refueling property or properties Requirement under the Physical Work Test or the Five as part of a project: Percent Safe Harbor to establish the beginning of a. The IRS-issued registration number. construction. b. The date that the refueling property or project was 4. For each project that began construction on or after placed in service. January 29, 2023, include the following. c. The total amounts with respect to the property or a. The applicable wage determinations (as defined project reported on lines 4b, 4c, 5a, 5b, 6, and 7. below). b. The wages paid (including any correction payments Line 8 as defined in section 45(b)(7)(B)(i)(I)) and hours worked Enter total alternative fuel vehicle refueling property for each of the laborer or mechanic classifications credits from: engaged in the construction of the property or properties. • Schedule K-1 (Form 1065), Partner's Share of Income, c. The number of workers who received correction Deductions, Credits, etc., box 15 (code AO); and payments. • Schedule K-1 (Form 1120-S), Shareholder's Share of Income, Deductions, Credits, etc., box 13 (code AO). d. The wages paid and hours worked by qualified apprentices for each of the laborer or mechanic Partnerships and S corporations report the above classifications engaged in the construction of the property credits on line 8. All other filers figuring a separate credit or properties. on earlier lines also report the above credits on line 8. All e. The total labor hours for the construction of the others not using earlier lines to figure a separate credit project by any laborer or mechanic employed by the can report the above credits directly on Form 3800, Part taxpayer or any contractor or subcontractor. III, line 1s. 5. A declaration, applicable to the statement and any Line 9 accompanying documents, signed by you, or signed by a person currently authorized to bind you in such matters, in Partnerships and S corporations. If you are a the following form: “Under penalties of perjury, I declare partnership or S corporation electing to transfer all or a that I have examined this statement, including portion of the alternative fuel vehicle refueling property accompanying documents, and to the best of my credit under section 6418(c), you must report the total knowledge and belief, the facts presented in support of credit amount shown on the line 7 required statement on this statement are true, correct, and complete.” Form 3800, Part III, line 1s, and not as a credit on Schedule K. Applicable wage determinations mean the wage listed for a particular classification of laborer or mechanic on the Line 12 applicable wage determination for the type of construction Enter $1,000 for each item of refueling property you and the geographic area or other applicable wage as placed in service during your tax year. determined by the Secretary of Labor. See Prevailing Wage and Apprenticeship Requirements, earlier. Line 15b Follow the instructions below and refer to your income tax Line 6 return to figure the amount to enter on line 15b. If you placed more than one item of refueling property in service, but each item of property would result in a credit Form 1040, 1040-SR, or 1040-NR. Enter the total of any amount of not more than $100,000 if each item of property credits or adjustments on Form 1040, 1040-SR, or was reported separately on line 5c, include the amount 1040-NR, line 19, and Schedule 3 (Form 1040), lines 2 from line 5c on both line 6 and line 7. through 5, and 7 (reduced by any general business credit reported on line 6a, any credit for prior-year minimum tax If you placed more than one item of refueling property reported on line 6b, or any credit to holders of tax credit with business/investment use in service, and at least one bonds reported on line 6k). item of property would result in an amount of more than $100,000 if that item of property was reported separately on line 5c, add the separate amounts for each item of Instructions for Form 8911 (January 2024) 5 |
Page 6 of 6 Fileid: … ns/i8911/202401/a/xml/cycle09/source 8:18 - 13-Feb-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 1041, Schedule G. Enter the total of any write-in You are not required to provide the information credits on line 2e (not including any credits from lines 2a requested on a form that is subject to the Paperwork through 2d). Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its Line 17 instructions must be retained as long as their contents Although you may not owe alternative minimum tax (AMT), may become material in the administration of any Internal you must still figure the tentative minimum tax (TMT) to Revenue law. Generally, tax returns and return information figure your credit. Complete and attach the applicable are confidential, as required by section 6103. AMT form or schedule and enter the TMT on line 17. The time needed to complete and file this form will vary depending on individual circumstances. The estimated Line 19 burden for taxpayers filing this form is approved under If you can’t use part of the personal portion of the credit OMB control number 1545-0074 and 1545-0123 and is because of the tax liability limit, the unused credit is lost. included in the estimates shown in the instructions for their The unused personal portion of the credit can’t be carried income tax return. back or forward to other tax years. If you have comments concerning the accuracy of Paperwork Reduction Act Notice. We ask for the these time estimates or suggestions for making this form information on this form to carry out the Internal Revenue simpler, we would be happy to hear from you. See the laws of the United States. You are required to give us the instructions for the tax return with which this form is filed. 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. 6 Instructions for Form 8911 (January 2024) |