Form RPD-41339 Biodiesel Blending Facility Tax Credit Approval Request Form

Biodiesel blending equipment means equipment necessary for the process of blending biodiesel with diesel fuel to produce blended biodiesel fuel Biodiesel means renewable biodegradable monoalkyl ester combustible liquid fuel that is derived from agricultural plant oils or animal fats and that meets American society for testing and materials D 6751 standard specification for biodiesel B100 blend stock for distillate fuels Blended biodiesel fuel means a diesel fuel that contains at least 2% biodiesel Diesel fuel means any diesel engine fuel used for the generation of power to propel a motor vehicle ABOUT THIS CREDIT: A rack operator as defined in the Special Fuels Supplier Tax Act (see Important Definitions below) who installs biodiesel blending equipment owned by the rack operator for the purpose of establishing or expanding a facil ity to produce blended biodiesel fuel is eligible to claim a credit against gross receipts tax or compensating tax The rack operator must be registered with the New Mexico Taxation and Revenue Department (TRD) and filing Form RPD 41307 Rack Operator Report The rack operator must obtain a dated certificate of eligibility from the Energy Minerals and Natural Resources Department (EMNRD) to apply for this credit The credit is equal to 30% of the purchase cost of the equipment plus 30% of the cost of installing that equipment The credit cannot exceed $50 000 with respect to equipment installed at any one facility The credit may only be applied against the taxpayer s gross receipts tax liability or compensating tax liability If the credit exceeds the taxpayer s gross receipts and compensating tax liability in the reporting period for which it is granted the credit may be carried forward for four years from the date of the certificate of eligibility Address Name and phone number of contact person BIODIESEL BLENDING FACILITY TAX CREDIT APPROVAL REQUEST FORM INSTRUCTIONS BIODIESEL BLENDING FACILITY TAX CREDIT APPROVAL REQUEST FORM WHO MAY FILE THIS FORM: Effective July 1 2007 a rack operator as defined in the Special Fuels Supplier Tax Act (see Important Definitions in the instructions) who installs biodiesel blending equipment owned by the rack operator for the purpose of establishing or expanding a facility to produce blended biodiesel fuel is eligible to claim a credit against gross receipts tax and compensating tax The rack operator must obtain a dated certificate of eligibility from the Energy Minerals and Natural Resources Department (EMNRD) to apply for this credit The credit is equal to 30% of the purchase cost of the equipment and the cost of installing that equipment The credit cannot exceed $50 000 with respect to equipment installed at any one facility Additionally credit cannot be approved by the Taxation and Revenue Department (TRD) if the total cumulative amount of claims for the credit for all taxpayers for the calendar year exceeds $1 000 000 Biodiesel blending facility tax credit is approved as submitted Biodiesel blending facility tax credit is not approved See the attached explanation Biodiesel blending facility tax credit is approved but the amount of the credit has been adjusted See the attached explanation Signature of Secretary: Date of signature: SECTION II TO BE COMPLETED BY THE TAXATION AND REVENUE DEPARTMENT Credit number: Approved amount of biodiesel blending facility tax credit:Date of approval: Enter the actual cost of the eligible equipment and installation of the biodiesel blending equipment for which you received a certificate of eligibility from EMNRD Filing This Form: Upon receipt of the certificate of eligibility from EMNRD submit this completed Form RPD 41339 Bio diesel Blending Facility Tax Credit Approval Request Form a copy of the certificate of eligibility from EMNRD and a copy of the invoice(s) for the certified equipment and installation costs Mail to Taxation and Revenue Department Special Fuels Tax P O Box 25123 Santa Fe New Mexico 87504 25123 After approval is received see instructions for claiming the credit For information on obtaining the certificate of eligibility contact EMNRD at (505) 476 3314 or visit their web site www cleanen ergynm org For assistance completing this form obtaining TRD approval or claiming the credit call (505) 476 3683 HOW TO APPLY FOR THIS CREDIT: Upon receipt of the certificate of eligibility from EMNRD submit this completed Form RPD 41339 Biodiesel Blending Facility Tax Credit Approval Request Form a copy of the certificate of eligibility from EM NRD and a copy of the invoice(s) for the certified equipment and installation costs After approval is received from TRD use Form RPD 41321 Biodiesel Blending Facility Tax Credit Claim Form to claim the credit against gross receipts and compensating tax due How to complete this form: Complete the name and address block of the eligible rack operator Complete Section I Sign and date the approval request Mail to the Taxation and Revenue Department Special Fuels Tax P O Box 25123 Santa Fe New Mexico 87504 25123 IMPORTANT DEFINITIONS Rack operator means the operator of a refinery in this state any person who blends special fuel in this state or the owner of special fuel stored at a pipeline terminal in this state Multiply line 1 by 30% and enter the product here Do not enter more than $50 000 for each facility This is the amount of credit requested to be approved Name of business New Mexico CRS identification number RECAPTURE MAY BE REQUIRED: If a rack operator who has claimed biodiesel blending facility tax credit against gross receipts tax or compensating tax due ceases biodiesel blending without completing at least 180 days of availability of the facility within the first 365 days after the issuance of a certificate of eligibility from EMNRD the taxpayer must notify TRD that they are no longer eligible for the approved credit and that the liabilities for the reports to which the credit had been applied are now due TRD will extinguish any amount of the approved credit not applied against the taxpayer s gross receipts tax or compensating tax liability and assess the taxpayer for the tax owed The taxpayer must pay the assessments within 425 days of the date of issuance of the certificate of eligibility The taxpayer may still qualify for subsequent biodiesel blending facility tax credits Rev 02/2011 RPD 41339 RPD 41339 State of New Mexico Taxation and Revenue Department SECTION I REQUESTING APPROVAL FOR BIODIESEL BLENDING FACILITY TAX CREDIT Signature of Taxpayer or Agent Title Date I declare that I have examined this form including any accompanying schedules and statements and to the best of my knowledge and belief it is true correct and complete State of New Mexico Taxation and Revenue Department To claim the credit first apply to EMNRD for approval of the equipment purchase and installation costs Upon receipt of a certificate of eligibility from EMNRD submit a completed Form RPD 41339 Biodiesel Blending Facility Tax Credit Approval Request Form to TRD Attach the certificate of eligibility received from EMNRD and a copy of the invoice(s) for the quali fied equipment and installation costs Once you are notified that you are approved for the credit by TRD you may apply the credit to gross receipts and compensating tax due To apply the credit submit Form RPD 41321 Biodiesel Blending Facility Tax Credit Claim Form along with a CRS 1 Long Form for the report period to which you wish to apply the credit Unused biodiesel blending facility tax credit may be carried forward for four years from the date of the certificate of eligibility issued by EMNRD See Recapture May be Required in the instructions if the facility does not complete at least 180 days of avail ability of the facility within the first 365 days after the issuance of the certificate of eligibility from EMNRD When applying credits use only the CRS 1 Long Form To qualify for the credit a taxpayer must first apply to EMNRD who shall determine if the equipment for which the tax credit will be claimed meets the requirements and if purchase and installation costs reported by the taxpayer are legitimate If approved EMNRD will issue a dated certificate of eligibility containing an estimate of the amount of the biodiesel blending facility tax credit for which the taxpayer is eligible Upon receipt of the certificate of eligibility the taxpayer submits to TRD a completed Form RPD 41339 Biodiesel Blending Facility Tax Approval Request Form and the certificate of eligibility received from EMNRD Request for credit approval are reviewed for approval in the order of receipt After TRD approves the credit the taxpayer may begin to claim the credit TRD may not approve biodiesel blending facility tax credits if the total cumulative amount of claims for the credit for all taxpayers for the calendar year exceeds $1 000 000 Requests for credit approval that exceed the maximum allowed in a calendar year may be considered for approval in the next calendar year