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4255                                                                                                                                     OMB No. 1545-0166
                                                     Recapture of Investment Credit
Form
(Rev. February 2006)                                                                                                                             Attachment
                                                                                                                                                                  65
                                                                                                                                                 Sequence No.
Department of the Treasury                                       Attach to your income tax return.
Internal Revenue Service
Name(s) as shown on return                                                                                                  Identifying number


                    Type of property—State whether rehabilitation, energy, reforestation, qualifying advanced coal project, or qualifying gasification project
 Properties
                    property. (See the Instructions for Form 3468 for the year the investment credit property was placed in service for definitions.) If rehabilitation
                    property, also show type of building. If energy property, show type.

       A

       B

       C

       D

                                                                Original Investment Credit
                                                                                                                     Properties
       Computation Steps:
                                                                                      A                      B                      C                     D
       (see Specific Instructions)
                                                                        1
 1     Original rate of credit
                                                                        2
 2     Cost or other basis
 3     Original credit. Multiply line 2 by the
                                                                        3
       percentage on line 1
                                                                                  /       /              /       /             /        /             /       /
                                                                        4
 4     Date property was placed in service
 5     Date property ceased to be qualified
                                                                                  /       /              /       /             /        /             /       /
                                                                        5
       investment credit property
 6     Number of full years between the date on line
       4 and the date on line 5                                         6
                                                                         Recapture Tax
                                                                        7
       Recapture percentage (see instructions)
 7
 8     Tentative recapture tax. Multiply line 3 by the
                                                         8
       percentage on line 7
                                                                                                                                            9
 9     Add all the amounts on line 8
10     Enter the recapture tax from property for which there was an increase in nonqualified nonrecourse
                                                                                                                                            10
       financing (attach separate computation)
                                                                                                                                            11
11     Add lines 9 and 10
12     Portion of original credit (line 3) not used to offset tax in any year, plus any carryback and
       carryforward of credits you now can apply to the original credit year because you have freed up
                                                                                                                                            12
       tax liability in the amount of the tax recaptured. Do not enter more than line 11—see instructions
13     Total increase in tax. Subtract line 12 from line 11. Enter here and on the appropriate line of your
       tax return. See section 45K(b)(4) if you claim the nonconventional source fuel credit. Electing large
       partnerships, see instructions                                                                                                       13
                                                          ● You changed the use of the property                      the cost or other basis of property to you
General Instructions                                      before the end of the recapture period so                  for which you claimed a credit.
Section references are to the Internal                                                                               ● You returned leased property (on which
                                                          that it no longer qualifies as investment
Revenue Code unless otherwise noted.                      credit property.                                           you claimed a credit) to the lessor before
                                                          ● The business use of the property                         the end of the recapture period.
Purpose of Form                                                                                                      ● A net increase in the amount of
                                                          decreased before the end of the recapture
Use Form 4255 to figure the increase in                   period so that it no longer qualifies (in whole            nonqualified nonrecourse financing
tax for the recapture of investment credit                or in part) as investment credit property.                 occurred for any property to which section
claimed.                                                                                                             49(a)(1) applied. For more details, see the
                                                          ● Any building to which section 47(d)
                                                                                                                     instructions for line 10.
                                                          applies will no longer be a qualified
Who Must Refigure the                                     rehabilitated building when placed in                      Exceptions to recapture. Recapture of the
Investment Credit                                         service.                                                   investment credit does not apply to the
                                                          ● Any property to which section 48(b)                      following.
Generally, you must refigure the
                                                                                                                     ● A transfer because of the death of the
                                                          applies will no longer qualify as investment
investment credit and may have to
                                                          credit property when placed in service.
recapture all or part of it if any of the                                                                            taxpayer.
following apply.                                          ● Before the end of the recapture period,                  ● A transfer between spouses or incident
● You disposed of investment credit                       your proportionate interest was reduced by                 to divorce under section 1041. However, a
                                                          more than one-third in a partnership, S
property before the end of 5 full years after                                                                        later disposition by the transferee is
                                                          corporation, estate, or trust that allocated
the property was placed in service                                                                                   subject to recapture to the same extent as
(recapture period).
                                                                                                                                                   4255
For Paperwork Reduction Act Notice, see back of form.                       Cat. No. 41488C                                                 Form          (Rev. 2-2006)
2
Form 4255 (Rev. 2-2006)                                                                                                                     Page

                                                                                                     from previous years, plus any carrybacks
if the transferor had disposed of the           need to refigure the credit. See Regulations
                                                                                                     arising within the 3 (or 1) tax years after
property at the later date.                     sections 1.47-4, 1.47-5, and 1.47-6. For an
                                                                                                     the original credit year that are now
                                                electing large partnership, the recapture
● A transfer of an interest in an electing
                                                                                                     allowed because the recapture and
                                                tax is paid by the partnership.
large partnership.
                                                                                                     recomputation of the original credit made
● A transaction to which section 381(a)         Partners, shareholders, and
                                                                                                     available some additional tax liability in that
                                                beneficiaries. If your Schedule K-1 shows
applies (relating to certain acquisitions of                                                         year. See Regulations section 1.47-1(d)
                                                recapture of investment credit claimed in
the assets of one corporation by another                                                             and Rev. Rul. 72-221, 1972-1 C.B. 15, for
                                                an earlier year, you will need your copy of
corporation).                                                                                        details.
                                                the original Form 3468 to complete lines 1
● A mere change in the form of                                                                       Special rule for electing large
                                                through 6 of this Form 4255.
conducting a trade or business if:                                                                   partnerships. Enter zero on line 12. An
                                                Lines A through D. Describe the property
   1. The property is retained as investment                                                         electing large partnership is treated as
                                                for which you must refigure the credit.
credit property in that trade or business,                                                           having used all prior year credits.
                                                   Complete lines 1 through 8 for each
and                                                                                                     Figure the unused portion on a separate
                                                property on which you are refiguring the             sheet and enter it on this line. Do not enter
   2. The taxpayer retains a substantial
                                                credit. Use a separate column for each               more than the recapture tax on line 11.
interest in that trade or business.
                                                item. If you need more columns, use
                                                                                                     Note. Be sure to adjust your current
   A mere change in the form of conducting      additional Forms 4255 or other schedules
                                                                                                     unused credit to reflect any unused portion
a trade or business includes a corporation      that include all the information shown on
                                                                                                     of the original credit that was entered on
that elects to be an S corporation and a        Form 4255. Enter the total from all the
                                                                                                     line 12 of this form.
corporation whose S election is revoked or      separate sheets on line 9.
terminated.
                                                                                                     Line 13. Special rule for electing large
                                                Line 1. Enter the rate you used to figure
   For more details on the recapture rules,                                                          partnerships. Subtract the current year
                                                the original credit from the Form 3468 that
see section 50(a).                                                                                   credit, if any, shown on Form 3468, from
                                                you filed.
                                                                                                     the amount on line 11. Enter the result (but
Caution: See section 46(g)(4) (as in effect     Line 2. Enter the cost or other basis that
                                                                                                     not less than zero) on line 13 and on the
on November 4, 1990) to figure the              you used to figure the original credit.
                                                                                                     tax line of Form 1065-B.
recapture tax if you made a withdrawal
                                                Line 4. Enter the month, day, and year that
from a capital construction fund set up
                                                the property was available for service.
under the Merchant Marine Act of 1936 to
                                                Line 5. Generally, this will be the date you         Paperwork Reduction Act Notice. We
pay the principal of any debt incurred in
                                                disposed of the property. For more details,          ask for the information on this form to
connection with a vessel on which you
                                                see Regulations section 1.47-1(c).                   carry out the Internal Revenue laws of the
claimed investment credit.
                                                                                                     United States. You are required to give us
                                                Line 6. Do not enter partial years. If the
                                                                                                     the information. We need it to ensure that
                                                property was held less than 12 months,
Basis Adjustment on                                                                                  you are complying with these laws and to
                                                enter zero.
Recapture                                                                                            allow us to figure and collect the right
                                                Line 7. Enter the recapture percentage
                                                                                                     amount of tax.
For property subject to investment credit       from the following table.
                                                                                                        You are not required to provide the
recapture, increase the property’s basis as
                                                                                                     information requested on a form that is
follows.                                          IF the number of full
                                                  years on line 6 of           THEN the recapture    subject to the Paperwork Reduction Act
● For qualified rehabilitation expenditures,      Form 4255 is . . .           percentage is . . .   unless the form displays a valid OMB
increase the basis by 100% of the
                                                                                                     control number. Books or records relating
                                                       0                             100
recapture tax (or adjustment to carrybacks
                                                                                                     to a form or its instructions must be
                                                       1                             80
and carryovers).
                                                                                                     retained as long as their contents may
                                                       2                             60
● For energy property or qualified timber                                                            become material in the administration of
                                                       3                             40
property, increase the basis by 50% of the                                                           any Internal Revenue law. Generally, tax
                                                       4                             20
recapture tax (or adjustment to carrybacks             5 or more                      0              returns and return information are
and carryovers).                                                                                     confidential, as required by section 6103.
                                                Line 9. If you have used more than one
   If you are a partner or S corporation                                                                 The time needed to complete and file
                                                Form 4255, or separate sheets to list
shareholder, the adjusted basis of your                                                              this form will vary depending on individual
                                                additional items on which you figured an
interest in the partnership or stock in the                                                          circumstances. The estimated burden for
                                                increase in tax, write to the left of the entry
S corporation is adjusted to take into                                                               individual taxpayers filing this form is
                                                space “Tax from attached” and the total
account the adjustment made to the basis                                                             approved under the OMB control number
                                                tax from the separate sheets. Include the
of property held by the partnership or                                                               1545-0074 and is included in the estimates
                                                amount in the total for line 9.
S corporation.                                                                                       shown in the instructions for their individual
                                                Line 10. For certain taxpayers, the basis or         income tax return. The estimated burden
                                                cost of property is limited to the amount
Specific Instructions                                                                                for all other taxpayers who file this form is
                                                the taxpayer is at risk for the property at          shown below.
                                                year end. The basis or cost must be
Note: Do not figure the recapture tax on                                                             Recordkeeping                    6 hr., 27 min.
                                                reduced by the amount of any
lines 1 through 9 if there is an increase in
                                                                                                     Learning about the
                                                “nonqualified nonrecourse financing”
nonqualified nonrecourse financing related
                                                                                                     law or the form                  1 hr., 35 min.
                                                related to the property at year end. If there
to certain at-risk property. Figure the
                                                is an increase in nonqualified nonrecourse
recapture tax for these properties on                                                                Preparing, copying,
                                                financing, recapture may be required. See
separate schedules and enter the recapture                                                           assembling, and sending
                                                section 49(b) for details. Attach a separate
tax on line 10. Include any unused credit                                                            the form to the IRS              1 hr., 46 min.
                                                schedule to figure the recapture tax and
for these properties on line 12.                                                                        If you have comments concerning the
                                                enter the total tax on line 10.                      accuracy of these time estimates or
Partnerships, S corporations, estates,
                                                Line 12. If you did not use all the credit           suggestions for making this form simpler,
and trusts. For a partnership (other than
                                                you originally figured, either in the year you       we would be happy to hear from you. See
an electing large partnership),
                                                figured it or in a carryback or carryforward         the instructions for the tax return with
S corporation, estate, or trust that
                                                year, you do not have to recapture the               which this form is filed.
allocated any or all of the investment credit
                                                amount of the credit you did not use. In
to its partners, shareholders, or
                                                refiguring the credit for the original credit
beneficiaries, provide the information they
                                                year, be sure to include any carryforwards

                                                                 Printed on recycled paper

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Form 4255*-Recapture of Investment Credit

  • 1. 4255 OMB No. 1545-0166 Recapture of Investment Credit Form (Rev. February 2006) Attachment 65 Sequence No. Department of the Treasury Attach to your income tax return. Internal Revenue Service Name(s) as shown on return Identifying number Type of property—State whether rehabilitation, energy, reforestation, qualifying advanced coal project, or qualifying gasification project Properties property. (See the Instructions for Form 3468 for the year the investment credit property was placed in service for definitions.) If rehabilitation property, also show type of building. If energy property, show type. A B C D Original Investment Credit Properties Computation Steps: A B C D (see Specific Instructions) 1 1 Original rate of credit 2 2 Cost or other basis 3 Original credit. Multiply line 2 by the 3 percentage on line 1 / / / / / / / / 4 4 Date property was placed in service 5 Date property ceased to be qualified / / / / / / / / 5 investment credit property 6 Number of full years between the date on line 4 and the date on line 5 6 Recapture Tax 7 Recapture percentage (see instructions) 7 8 Tentative recapture tax. Multiply line 3 by the 8 percentage on line 7 9 9 Add all the amounts on line 8 10 Enter the recapture tax from property for which there was an increase in nonqualified nonrecourse 10 financing (attach separate computation) 11 11 Add lines 9 and 10 12 Portion of original credit (line 3) not used to offset tax in any year, plus any carryback and carryforward of credits you now can apply to the original credit year because you have freed up 12 tax liability in the amount of the tax recaptured. Do not enter more than line 11—see instructions 13 Total increase in tax. Subtract line 12 from line 11. Enter here and on the appropriate line of your tax return. See section 45K(b)(4) if you claim the nonconventional source fuel credit. Electing large partnerships, see instructions 13 ● You changed the use of the property the cost or other basis of property to you General Instructions before the end of the recapture period so for which you claimed a credit. Section references are to the Internal ● You returned leased property (on which that it no longer qualifies as investment Revenue Code unless otherwise noted. credit property. you claimed a credit) to the lessor before ● The business use of the property the end of the recapture period. Purpose of Form ● A net increase in the amount of decreased before the end of the recapture Use Form 4255 to figure the increase in period so that it no longer qualifies (in whole nonqualified nonrecourse financing tax for the recapture of investment credit or in part) as investment credit property. occurred for any property to which section claimed. 49(a)(1) applied. For more details, see the ● Any building to which section 47(d) instructions for line 10. applies will no longer be a qualified Who Must Refigure the rehabilitated building when placed in Exceptions to recapture. Recapture of the Investment Credit service. investment credit does not apply to the ● Any property to which section 48(b) following. Generally, you must refigure the ● A transfer because of the death of the applies will no longer qualify as investment investment credit and may have to credit property when placed in service. recapture all or part of it if any of the taxpayer. following apply. ● Before the end of the recapture period, ● A transfer between spouses or incident ● You disposed of investment credit your proportionate interest was reduced by to divorce under section 1041. However, a more than one-third in a partnership, S property before the end of 5 full years after later disposition by the transferee is corporation, estate, or trust that allocated the property was placed in service subject to recapture to the same extent as (recapture period). 4255 For Paperwork Reduction Act Notice, see back of form. Cat. No. 41488C Form (Rev. 2-2006)
  • 2. 2 Form 4255 (Rev. 2-2006) Page from previous years, plus any carrybacks if the transferor had disposed of the need to refigure the credit. See Regulations arising within the 3 (or 1) tax years after property at the later date. sections 1.47-4, 1.47-5, and 1.47-6. For an the original credit year that are now electing large partnership, the recapture ● A transfer of an interest in an electing allowed because the recapture and tax is paid by the partnership. large partnership. recomputation of the original credit made ● A transaction to which section 381(a) Partners, shareholders, and available some additional tax liability in that beneficiaries. If your Schedule K-1 shows applies (relating to certain acquisitions of year. See Regulations section 1.47-1(d) recapture of investment credit claimed in the assets of one corporation by another and Rev. Rul. 72-221, 1972-1 C.B. 15, for an earlier year, you will need your copy of corporation). details. the original Form 3468 to complete lines 1 ● A mere change in the form of Special rule for electing large through 6 of this Form 4255. conducting a trade or business if: partnerships. Enter zero on line 12. An Lines A through D. Describe the property 1. The property is retained as investment electing large partnership is treated as for which you must refigure the credit. credit property in that trade or business, having used all prior year credits. Complete lines 1 through 8 for each and Figure the unused portion on a separate property on which you are refiguring the sheet and enter it on this line. Do not enter 2. The taxpayer retains a substantial credit. Use a separate column for each more than the recapture tax on line 11. interest in that trade or business. item. If you need more columns, use Note. Be sure to adjust your current A mere change in the form of conducting additional Forms 4255 or other schedules unused credit to reflect any unused portion a trade or business includes a corporation that include all the information shown on of the original credit that was entered on that elects to be an S corporation and a Form 4255. Enter the total from all the line 12 of this form. corporation whose S election is revoked or separate sheets on line 9. terminated. Line 13. Special rule for electing large Line 1. Enter the rate you used to figure For more details on the recapture rules, partnerships. Subtract the current year the original credit from the Form 3468 that see section 50(a). credit, if any, shown on Form 3468, from you filed. the amount on line 11. Enter the result (but Caution: See section 46(g)(4) (as in effect Line 2. Enter the cost or other basis that not less than zero) on line 13 and on the on November 4, 1990) to figure the you used to figure the original credit. tax line of Form 1065-B. recapture tax if you made a withdrawal Line 4. Enter the month, day, and year that from a capital construction fund set up the property was available for service. under the Merchant Marine Act of 1936 to Line 5. Generally, this will be the date you Paperwork Reduction Act Notice. We pay the principal of any debt incurred in disposed of the property. For more details, ask for the information on this form to connection with a vessel on which you see Regulations section 1.47-1(c). carry out the Internal Revenue laws of the claimed investment credit. United States. You are required to give us Line 6. Do not enter partial years. If the the information. We need it to ensure that property was held less than 12 months, Basis Adjustment on you are complying with these laws and to enter zero. Recapture allow us to figure and collect the right Line 7. Enter the recapture percentage amount of tax. For property subject to investment credit from the following table. You are not required to provide the recapture, increase the property’s basis as information requested on a form that is follows. IF the number of full years on line 6 of THEN the recapture subject to the Paperwork Reduction Act ● For qualified rehabilitation expenditures, Form 4255 is . . . percentage is . . . unless the form displays a valid OMB increase the basis by 100% of the control number. Books or records relating 0 100 recapture tax (or adjustment to carrybacks to a form or its instructions must be 1 80 and carryovers). retained as long as their contents may 2 60 ● For energy property or qualified timber become material in the administration of 3 40 property, increase the basis by 50% of the any Internal Revenue law. Generally, tax 4 20 recapture tax (or adjustment to carrybacks 5 or more 0 returns and return information are and carryovers). confidential, as required by section 6103. Line 9. If you have used more than one If you are a partner or S corporation The time needed to complete and file Form 4255, or separate sheets to list shareholder, the adjusted basis of your this form will vary depending on individual additional items on which you figured an interest in the partnership or stock in the circumstances. The estimated burden for increase in tax, write to the left of the entry S corporation is adjusted to take into individual taxpayers filing this form is space “Tax from attached” and the total account the adjustment made to the basis approved under the OMB control number tax from the separate sheets. Include the of property held by the partnership or 1545-0074 and is included in the estimates amount in the total for line 9. S corporation. shown in the instructions for their individual Line 10. For certain taxpayers, the basis or income tax return. The estimated burden cost of property is limited to the amount Specific Instructions for all other taxpayers who file this form is the taxpayer is at risk for the property at shown below. year end. The basis or cost must be Note: Do not figure the recapture tax on Recordkeeping 6 hr., 27 min. reduced by the amount of any lines 1 through 9 if there is an increase in Learning about the “nonqualified nonrecourse financing” nonqualified nonrecourse financing related law or the form 1 hr., 35 min. related to the property at year end. If there to certain at-risk property. Figure the is an increase in nonqualified nonrecourse recapture tax for these properties on Preparing, copying, financing, recapture may be required. See separate schedules and enter the recapture assembling, and sending section 49(b) for details. Attach a separate tax on line 10. Include any unused credit the form to the IRS 1 hr., 46 min. schedule to figure the recapture tax and for these properties on line 12. If you have comments concerning the enter the total tax on line 10. accuracy of these time estimates or Partnerships, S corporations, estates, Line 12. If you did not use all the credit suggestions for making this form simpler, and trusts. For a partnership (other than you originally figured, either in the year you we would be happy to hear from you. See an electing large partnership), figured it or in a carryback or carryforward the instructions for the tax return with S corporation, estate, or trust that year, you do not have to recapture the which this form is filed. allocated any or all of the investment credit amount of the credit you did not use. In to its partners, shareholders, or refiguring the credit for the original credit beneficiaries, provide the information they year, be sure to include any carryforwards Printed on recycled paper