Form RPD-41227 Renewable Energy Production Tax Credit Claim Form

Credit claimed For each credit claimed in column (a) enter the amount of credit that was approved for that tax year Sch A Taxpayers who have received approval for tax credits for The credit is allowed only for facilities that first produce The definition of biomass was amended to include a variety The total amount of electricity that can qualify for the corpo rate and individual income tax credits is two million MWh plus an additional 500 000 MWh for solar facilities Total credit taken in previous tax years For each credit amount listed in column (b) enter the total amount of credit applied to personal or corporate income tax liabilities in prior year returns $ $ $ $ 015 1st $ 02 10th $ 02 2nd $ 025 3rd $ 025 9th $ 03 4th $ 03 8th $ 035 5th $ 035 7th $ 04 6th (1) holds title to a qualified energy generator that first pro (1) the excess may be carried forward for a period of 5 tax years; or (2) if the tax credit was issued with respect to a qualified energy generator that first produced electricity using a qualified energy resource on or after October 1 2007 (2) leases such a facility from a county or municipality under the authority of an industrial revenue bond and if the (a) forest related materials including mill residues logging residues forest thinnings slash brush low commercial value materials or undesirable species salt cedar and other phreatophyte or woody vegetation removed from river basins or watersheds and woody material harvested (a) Tax year of previous claim (b) Credit claimed (c) Total credit taken in previous tax years (d) Unused credit for carry forward from prior claims [(b) (c)] (a) Tax year of previous claim For each credit claimed in a previous tax year with unused credit available for carry forward (b) agricultural related materials including orchard trees vine (d) solid woody waste materials including landscape or right of way tree trimmings rangeland maintenance residues waste pallets crates and manufacturing construction and demolition wood wastes excluding pressure treated chemically treated or painted wood wastes and wood contaminated with plastic; (d) Unused credit available for carry forward from prior claims Subtract column (c) from column (b) and enter the dif ference (f) landfill gas wastewater treatment gas and biosolids including organic waste byproducts generated during the wastewater treatment process; and (g) segregated municipal solid waste excluding tires and medical and hazardous waste 1 2007 can claim a refund for any credits in excess of their tax liability 10 Credit taken in the current tax year Enter the portion of total credit available in the current tax year line 9 that you wish to claim against the current income tax return 11 Credit to be refunded to the claimant Excess credit is refunded if the qualified energy generator first produced electricity using a qualified energy resource on or after 8 Total unused credits for carry forward from prior claims (Enter the sum ofcolumn (d) Schedule A ) 9 Total credit available in the current tax year (add lines 7 and 8) A facility's credit for a tax year is limited to the qualified an nual production potential of the generating facility as certified a qualified energy generator; A taxpayer may be allocated all or a portion of the right to claim the credit without regard to proportional ownership interest if: A taxpayer may claim the renewable energy production tax A variable rate of credit is added for electricity produced ABOUT THIS CREDIT: For tax years beginning on or after Address City / state / ZIP code Allocation Notice approved by EMNRD if applicable and documentation of the amount of electricity produced by the facility in the tax year TRD may require additional information to verify eligibility If the requirements have been complied with TRD shall approve the renewable energy production tax credit and apply the credit as indicated on the claim form An additional 500 000 megawatt hours (MWh) of solar generated power in addition to the two million MWh from wind and biomass power sources can be approved for and that sells that electricity to an unrelated person and then will decline by 1/2 cent per year in the next four years to two cents in the tenth year of operation The 1 cent and waste products including fats oils greases whey and lactose; and watershed improvement; animal waste including manure and slaughterhouse and other processing waste; another taxpayer or who files a New Mexico personal cor porate or fiduciary tax return and who: apply the oldest credit first APPLYING FOR CERTIFICATION FROM EMNRD: aquatic plants and agricultural processed co products Authorized Signature Title Date be considered in the order received Beginning January 1 2008 the 2007 New Mexico Legislature beginning on the date the qualified energy generator begins begins producing electricity Compute the credit based on actual electricity produced for each of the ten years by EMNRD by qualified energy generators using a solar light derived or solar heat derived qualified energy resource Applications will by the qualified energy generator using a qualified energy resource in the tax year Taxpayers certified under the old CLAIM FORM CLAIM FORM INSTRUCTIONS CLAIM FORM INSTRUCTIONS Page 3 of 3 claimed for the current tax year must be applied first If the credit allowed for the qualified energy generator Credit may not be claimed with respect to the same electricity produc tion under both the Corporate Income Tax Act and Personal Income Tax Act credit amount approved to be claimed in a tax year is less than the personal or corporate income tax liability for that year you may apply unused credit available for carry forward When applying unused credits available for carry forward credit by submitting to TRD a completed Form RPD 41227 credits crops and trees planted for the purpose of being used to produce energy; current law duced electricity on or before January 1 2018; or each of the next five years to a maximum of four cents electrical energy by means of a fluidized bed technology or similar low emissions technology or a zero emissions gen eration technology that has substantial long term production electricity electricity before January 1 2018 eligible for the credit is increased for solar facilities only EMNRD certifies the allocation in writing to the taxpayer EMNRD certifies the eligibility of an energy generator and energy generator in the current tax year Energy Minerals and Natural Resources Department Enter the applicable percentage to be applied to the amount of kilowatt hours of electricity produced during the current tax year See "THE AMOUNT OF THE CREDIT" in the instructions Enter the credit taken (the amount on line 10 of this form) on the corporate personal or fiduciary income tax return Enter the date the qualified energy generator began producing electricity Enter the lesser of either the kilowatt hours of electricity produced by the qualified energy generator using a qualified energy resource in the current tax year or the qualified annual production potential of the generating facility as certified by the Enter the percentage of the renewable energy production tax credit that may be claimed by the claimant enter the tax year in which the credit was first claimed Enter the four digit year if the credit was claimed in a calendar year For fiscal year and short year returns enter the beginning and ending dates of the tax year For example enter 2003 if the tax year is a calendar year or enter 07/01/2002 to 07/30/2003 if the tax year is a fiscal year Do not enter a credit if the credit is no longer available for carry forward Excess renewable energy production tax credit may only be carried forward for five years following the tax year that the credit is first claimed Enter the tax year in which the electricity was produced for this claim; or if the taxpayer files a fiscal year or a short year return enter the beginning and ending dates of the tax year ergy generator is eligible for a tax credit in an amount equal to one cent ($ 01) per kilowatt hour of electricity produced expanded the credit as follows: facilities that first produced electricity on or after October Fe NM 87504 6429 or call (505) 476 3319 For a qualified energy generator using a solar light derived or solar heat derived qualified energy resource the amount of For a qualified energy generator using a wind or biomass derived qualified energy resource the amount of tax credit is the lesser of $ 01 per kilowatt hour of the first 400 000 megawatt hours of electricity produced by the qualified energy for the purpose of forest fire fuel reduction or forest health From to generating facilities generator first produces electricity using the qualified energy generator in the tax year or the estimated annual production potential of the generating facility as determined by EMNRD hours plus an additional 500 000 megawatt hours produced HOW TO CLAIM THE CREDIT: I Calculate credit claimed for the current tax year I declare I have examined this application including accompanying schedules and statements and to the best of my knowledge and belief this application is true correct and complete II Calculate unused credits for carry forward from prior tax year claims III Credit taken in current tax year IMPORTANT DEFINITIONS: Biomass means organic material that is available on a renew able or recurring basis including: including landfill gas and municipal solid waste July 1 2002 a corporate taxpayer who owns a qualified en law are eligible for the tax credit for ten consecutive years LEGISLATIVE CHANGES: less than the personal or corporate income tax liability for that year you may apply unused credit available for carry forward line 8 of Form RPD 41227 Mexico personal income tax and who is not a dependent of mm dd ccyy Multiply line 3 by line 4 This is the amount of credit that may be claimed by the qualified Multiply line 5 by line 6 This is the amount of renewable energy production tax credit that may be claimed by the claimant for the current tax year Name of contact person Phone number and e mail address Name of qualified energy generator if different from claimant Name of the claimant Claimant CRS identification number Federal employer identification number (FEIN) New Mexico Energy Minerals and Natural Resources Department Energy Conservation and Management Division New Mexico Renewable Energy Production Tax Credit Claim Form the certificate of eligibility issued by EMNRD the New Mexico Taxation and Revenue Department Administrative Resolutions and Services Bureau next When applying excess credits available for carry forward apply the oldest credit first NOTE: Failure to attach this form and required attachments to your return will result in denial of the credit NOTE: Taxpayers who have received approval for tax credits for facilities that first produced electricity on or after October October 1 2007 of organic materials that are available on a renewable basis of the right to claim all or a portion of the renewable energy production tax credit if applicable contact: New Mexico En ergy Minerals and Natural Resources Department Energy Conservation and Management Division P O Box 6429 Santa Once a taxpayer has been granted a renewable energy pro duction tax credit for a given facility that taxpayer shall be allowed to retain the facility's original date of application for tax credits for that facility until either the facility goes out of production for more than 6 consecutive months in a year or Once the certificate of eligibility and any applicable alloca or before January 1 2018 may claim all or a portion of the renewable energy produc tion tax credit or until the facility's ten year eligibility has expired Prior to January 1 2008 the credit may be deducted from the claim ant's New Mexico corporate income tax liability for the tax year Use this form to claim the credit owns an interest in a business entity that is also taxed as a partnership and that would qualify for the renewable energy production tax credit; or owns through one or more intermediate business entitiesthat are each taxed as a partnership an interest in the business entity described in the previous paragraph (b) P O Box 630 P O Box 6429 Page 1 of 3 per kilowatt hour rate applies for all other qualified energy POINTS OF CONTACT: potential and that uses only solar light solar heat wind or biomass produced annually by all qualified energy generators that are certified may not exceed a total of two million megawatt producing electricity or until either the facility goes out of production for more than six consecutive months in a year qualified energy generator first produced electricity on Qualified energy generator means a facility with at least one megawatt generating capacity located in New Mexico Qualified energy resource means a resource that generates RENEWABLE ENERGY PRODUCTION TAX CREDIT RENEWABLE ENERGY PRODUCTION TAX CREDIT Renewable energy production tax credit approved to be RENEWABLE ENERGY PRODUCTION TAX CREDIT CLAIM FORM INSTRUCTIONS Page 2 of 3 RENEWABLE ENERGY PRODUCTION TAX CREDIT Schedule A Report the credit taken on the New Mexico personal income resource The chart below shows the amount of tax credit for Santa Fe NM 87504 0630 or call (505) 476 3683 Santa Fe NM 87504 6429 or call (505) 476 3319 State of New Mexico Taxation and Revenue Department State of New Mexico Taxation and Revenue Department State of New Mexico Taxation and Revenue Department Tax Credit per kilowatt hour Tax year tax credit varies based on the tax year following the date the tax return corporate income tax return or fiduciary income tax return Submit Form RPD 41227 New Mexico Renewable Energy Production Tax Credit Claim Form and attachments with your income tax return that produces electricity using a qualified energy resource THE AMOUNT OF THE CREDIT: A taxpayer is eligible for the renewable energy production tax credit for ten consecutive the business entity provides notice of the allocation and the taxpayer's interest to the New Mexico Energy Minerals and Natural Resources Department (EMNRD); and the business entity: The credit is expanded to include personal income taxpay ers The credit may be deducted from a taxpayer's New Mexico corporate or personal income tax liability for the tax year for which the credit is claimed If the amount of tax credit exceeds the taxpayer's personal or corporate income tax liability for the tax year: the estimated annual production potential of the generating facility The facility's estimated annual production potential limits the facility's energy production eligible for the tax credit for the tax year The total amount of electricity that may be the excess shall be refunded to the taxpayer the first 200 000 megawatt hours of electricity produced by the qualified energy generator in the applicable tax year fol lowing the day the qualified energy generator first produces The maximum amount of electricity that can be certified as The minimum size of an eligible facility for the credit is reduced from 10 megawatts to one megawatt The remaining instructions have been modified to include the taxpayer and all other taxpayers allocated a right to claim the credit own collectively at least a 5% interest in the taxpayer owns an interest in a business entity that is taxed federally as a partnership The total renewable energy tax credit allowed by all claimants may not exceed the limits set for the renewable energy tax tion notice is approved you may apply for the renewable energy tax credit from the New Mexico Taxation and Revenue Department (TRD) and claim the credit against personal or corporate income tax liabilities due to the state To allocate or apportion the right to claim all or a portion of the renewable energy production tax credit submit an Allocation Notice to EMNRD for approval See the contact information for EMNRD at the end of these instructions To complete Section II of the claim Form RPD 41227 Renewable Energy Production Tax Credit Claim Form attach a com pleted Schedule A to compute unused credits for carry forward from prior tax year claims To obtain a certificate of eligibility and an Allocation Notice Total unused credit available for carry forward Enter the sum of all amounts in column (d) Also enter this amount on Total unused credit available for carry forward Enter the sum of all amounts in column (d) Also enter this amount on line 8 of Form RPD 41227 until the facility's 10 year eligibility has expired Use Schedule A to calculate the credits carried forward from claims approved for prior years NOTE: Any portion of the tax credit unused at the end of the claimant's tax year may be carried forward for five consecutive tax years using solar energy The rate starts at 1 5 cents in the first WHO MAY CLAIM THE CREDIT: A taxpayer who files a New would qualify for the renewable energy production tax credit yard grain or crop residues including straw and stover year of operation and increases in increments of 1/2 cent years beginning with the date the qualified energy generator You must apply credit approved to be claimed in the tax year first If the credit amount approved to be claimed in a tax year is