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OMB No. 1545-0619
       6765                        Credit for Increasing Research Activities
                                                                                                                              2008
Form

                                                          Attach to your tax return.
Department of the Treasury                                                                                                   Attachment
                                                                                                                                            81
Internal Revenue Service                                                                                                     Sequence No.
Name(s) shown on return                                                                                             Identifying number


Section A—Regular Credit. Skip this section and go to Section B or C if you are electing or previously elected (and are not revoking)
the alternative incremental credit or the alternative simplified credit, respectively.
                                                                                                                    1
 1     Certain amounts paid or incurred to energy consortia (see instructions)
                                                                                 2
 2     Basic research payments to qualified organizations (see instructions)
                                                                                3
 3     Qualified organization base period amount
                                                                                                                    4
 4     Subtract line 3 from line 2. If zero or less, enter -0-
       Wages for qualified services (do not include wages used in figuring
 5
                                                                                 5
       the work opportunity credit)
                                                                                 6
 6     Cost of supplies
                                                                                 7
 7     Rental or lease costs of computers (see instructions)
 8     Enter the applicable percentage of contract research expenses (see
                                                                                 8
       instructions)
                                                                                 9
 9     Total qualified research expenses. Add lines 5 through 8
                                                                                                                %
                                                                                10
       Enter fixed-base percentage, but not more than 16% (see instructions)
10
                                                                                11
11     Enter average annual gross receipts (see instructions)
                                                                                12
12     Multiply line 11 by the percentage on line 10
                                                                                13
13     Subtract line 12 from line 9. If zero or less, enter -0-
                                                                                14
       Multiply line 9 by 50% (.50)
14
                                                                                                                    15
15     Enter the smaller of line 13 or line 14
                                                                                                                    16
16     Add lines 1, 4, and 15
       Are you electing the reduced credit under section 280C? Yes             No
17
     If “Yes,” multiply line 16 by 13% (.13). If “No,” multiply line 16 by 20% (.20) and see the instructions
     for the schedule that must be attached. Members of controlled groups or businesses under
     common control: see instructions for the schedule that must be attached                                        17
Section B—Alternative Incremental Credit. Skip this section if you are completing Section A or C.
                                                                                                                    18
       Certain amounts paid or incurred to energy consortia (see the line 1 instructions)
18
       Basic research payments to qualified organizations (see the line 2
19
                                                                                19
       instructions)
                                                                                20
       Qualified organization base period amount (see the line 3 instructions)
20
                                                                                                                    21
       Subtract line 20 from line 19. If zero or less, enter -0-
21
                                                                                                                    22
       Add lines 18 and 21
22
                                                                                                                    23
       Multiply line 22 by 20% (.20)
23
       Wages for qualified services (do not include wages used in figuring
24
                                                                                24
       the work opportunity credit)
                                                                                25
25     Cost of supplies
                                                                                26
       Rental or lease costs of computers (see the line 7 instructions)
26
       Enter the applicable percentage of contract research expenses (see
27
                                                                                    27
       the line 8 instructions)
                                                                                    28
       Total qualified research expenses. Add lines 24 through 27
28
                                                                                    29
       Enter average annual gross receipts (see the line 11 instructions)
29
                                                                                    30
       Multiply line 29 by 1% (.01)
30
                                                                                    31
       Subtract line 30 from line 28. If zero or less, enter -0-
31
                                                                                    32
       Multiply line 29 by 1.5% (.015)
32
                                                                                    33
       Subtract line 32 from line 28. If zero or less, enter -0-
33
                                                                                    34
       Subtract line 33 from line 31
34
                                                                                    35
       Multiply line 29 by 2% (.02)
35
                                                                                    36
       Subtract line 35 from line 28. If zero or less, enter -0-
36
37     Subtract line 36 from line 33                                                37
                                                                                                                                     6765
For Paperwork Reduction Act Notice, see instructions.                             Cat. No. 13700H                             Form           (2008)
2
Form 6765 (2008)                                                                                                            Page

Section B—Alternative Incremental Credit (continued)


                                                                                                             38
38    Multiply line 34 by 3% (.03)

                                                                                                             39
39    Multiply line 37 by 4% (.04)

                                                                                                             40
40    Multiply line 36 by 5% (.05)

                                                                                                             41
41    Add lines 23, 38, 39, and 40
42    Are you electing the reduced credit under section 280C?        Yes        No
      If “Yes,” multiply line 41 by 65% (.65). If “No,” enter the amount from line 41 and see the line 17
      instructions for the schedule that must be attached. Members of controlled groups or businesses
      under common control: see instructions for the schedule that must be attached                          42
Section C—Alternative Simplified Credit. Skip this section if you are completing Section A or B.

                                                                                                             43
43    Certain amounts paid or incurred to energy consortia (see the line 1 instructions)
44    Basic research payments to qualified organizations (see the line 2
                                                                                 44
      instructions)
                                                                                 45
45    Qualified organization base period amount (see the line 3 instructions)
                                                                                                             46
46    Subtract line 45 from line 44. If zero or less, enter -0-
                                                                                                             47
47    Add lines 43 and 46
                                                                                                             48
48    Multiply line 47 by 20% (.20)
49    Wages for qualified services (do not include wages used in figuring the
                                                                                 49
      work opportunity credit)
                                                                                 50
50    Cost of supplies
                                                                                 51
51    Rental or lease costs of computers (see the line 7 instructions)
52    Enter the applicable percentage of contract research expenses (see
                                                                                 52
      the line 8 instructions)
                                                                                 53
53    Total qualified research expenses. Add lines 49 through 52
54    Enter your total qualified research expenses for the prior 3 tax years. If
      you had no qualified research expenses in any one of those years, skip
                                                                                 54
      lines 55 and 56
                                                                                 55
55    Divide line 54 by 6.0
                                                                                 56
56    Subtract line 55 from line 53. If zero or less, enter -0-
                    ● Line 56 by 12% (.12) for tax years ending before 2009,
57    Multiply:
                                                                                                             57
                    ● Line 56 by 14% (.14) for tax years ending after 2008, or
                    ● Line 53 by 6% (.06) if you skipped lines 55 and 56.
                                                                                                             58
58    Add lines 48 and 57
59    Are you electing the reduced credit under section 280C?        Yes         No
      If “Yes,” multiply line 58 by 65% (.65). If “No,” enter the amount from line 58 and see the line 17
      instructions for the schedule that must be attached. Members of controlled groups or businesses
      under common control: see instructions for the schedule that must be attached                          59
Section D—Summary

60    Enter the portion of the credit from Form 8932, line 2, that is attributable to wages that were also
                                                                                                             60
      used to figure the credit on line 17, line 42, or line 59 (whichever applies)
                                                                                                             61
61    Subtract line 60 from line 17, line 42, or line 59 (whichever applies). If zero or less, enter -0-
                                                                                                             62
62    Credit for increasing research activities from partnerships, S corporations, estates, and trusts
63    Add lines 61 and 62. Estates and trusts go to line 64; partnerships and S corporations, report
                                                                                                             63
      this amount on Schedule K; all others, report this amount on line 1c of Form 3800
64    Amount allocated to beneficiaries of the estate or trust (see instructions)                            64
65    Estates and trusts: subtract line 64 from line 63. Report the credit on line 1c of Form 3800           65
                                                                                                                         6765
                                                                                                                  Form          (2008)
3
Form 6765 (2008)                                                                                                            Page


                                             In addition, substantially all of the       Member of
General Instructions
                                             activities of the research must be          Controlled Group or
Section references are to the Internal       elements of a process of
                                                                                         Business Under
Revenue Code unless otherwise                experimentation relating to a new or
                                                                                         Common Control
noted.                                       improved function, performance,
                                             reliability, or quality. The research       For purposes of figuring the credit, all
What’s New                                   credit generally is not allowed for the     members of a controlled group of
● The general credit rate for the            following types of activities.              corporations (as defined in section
alternative simplified credit increased      ● Research conducted after the              41(f)(1)(A) and (f)(5)) and all members
from 12 percent to 14 percent.                                                           of a group of businesses under
                                             beginning of commercial production.
● The alternative incremental credit in                                                  common control (as defined in section
                                             ● Research adapting an existing
                                                                                         41(f)(1)(B)), are treated as a single
Section B will terminate for tax years       product or process to a particular
                                                                                         taxpayer. As a member, compute your
beginning after December 31, 2008.           customer’s need.
                                                                                         credit based on your proportionate
● The current year credit must be            ● Duplication of an existing product or     share of qualified research expenses
reduced by the amount (if any) of the        process.                                    and basic research payments giving
credit for employer differential wage                                                    rise to the group’s research credit for
                                             ● Surveys or studies.
payments.                                                                                Section A, B, or C. Enter your share of
                                             ● Research relating to certain              the credit on line 17, 42, or 59,
Purpose of Form                              internal-use computer software.             whichever applies. Attach a statement
                                             ● Research conducted outside the
Use Form 6765 to figure and claim the                                                    showing how your share of the credit
credit for increasing research                                                           was figured, and write “See Attached”
                                             United States, Puerto Rico, or a U.S.
activities.                                                                              next to the entry space for line 17, 42,
                                             possession.
                                                                                         or 59.
                                             ● Research in the social sciences,
Who Must File
                                                                                            For special rules regarding the
                                             arts, or humanities.
An individual, estate, trust,                                                            election (or revocation of the election)
                                             ● Research funded by another person
organization, or corporation claiming a                                                  of the alternative incremental credit in
                                             (or governmental entity).
credit for increasing research activities;                                               Section B by a controlled group of
or any S corporation, partnership,             If you incur qualified clinical testing   corporations, see Regulations section
estate, or trust that allocates the credit   expenses relating to drugs for certain      1.41-8.
to its shareholders, partners, or            rare diseases, you can elect to claim
                                                                                         Specific Instructions
beneficiaries must complete this form        the orphan drug credit for these
and attach it to its income tax return. If   expenses instead of the research
you are a taxpayer that is not a                                                         You can:
                                             credit. See Form 8820, Orphan Drug
partnership or S corporation, and your       Credit.                                     ● Claim the regular credit in
only source of this credit is from a           See section 41 and Regulations            Section A,
partnership, S corporation, estate, or       sections 1.41-2 and 1.41-4 for other        ● Elect the alternative incremental
trust, you are not required to complete      definitions and special rules.              credit in Section B, or
or file this form, with the following
                                                                                         ● Elect the alternative simplified credit
                                             Special Rules
exception: you are a taxpayer that is an
estate or trust and the credit can be                                                    in Section C.
                                             See section 41(f) and Regulations
allocated to beneficiaries. For more                                                        You may want to figure your credit
                                             sections 1.41-6, 1.41-6T, and 1.41-7
details, see the Instructions for Form                                                   using all of the methods for which you
                                             for special rules related to:
1041, Schedule K-1, box 13.                                                              are eligible to get the maximum credit
                                             ● Aggregation of expenditures for
                                                                                         allowed.
Note: Corporations filing an amended         members of controlled groups and
return to claim a refund of the                                                             Once elected, the alternative
                                             businesses under common control;
research credit, see Notice 2008-39,                                                     incremental credit or the alternative
                                             ● Allocation of the credit by
I.R.B. 2008-13 684, available at                                                         simplified credit applies to the current
                                             partnerships, estates, and trusts;
http://www.irs.gov/irb/2008-13_IRB/                                                      tax year and all later tax years, unless
                                             ● Adjustments, if a major portion of a
index.html for information on where to                                                   you revoke the election. The
file.                                        business is acquired or disposed of;        revocation for the alternative
                                             and                                         incremental credit must be made on
Qualified Research                                                                       an original return filed by the due date
                                             ● Short tax years.
The research credit is generally allowed                                                 (including extensions). See Regulations
                                                For special rules concerning the
for expenditures paid or incurred for                                                    section 1.41-8T. The revocation of the
                                             allocation and apportionment of
qualified research. Qualified research                                                   alternative incremental credit may not
                                             research and experimental
means research for which expenditures                                                    be made on an amended return. To
                                             expenditures between U.S. and
may be treated as section 174                                                            revoke a previous election of the
                                             foreign source income, see sections
expenses. This research must be                                                          alternative incremental credit,
                                             861 through 864.
undertaken for discovering information                                                   complete Section A or C.
that is technological in nature, and its
                                                                                         Section A—Regular Credit
application must be intended for use in
developing a new or improved                                                             Skip this section and go to Section B
business component of the taxpayer.                                                      or C if:
4
Form 6765 (2008)                                                                                                          Page


                                            ● 100% of amounts you paid (or
  1. You are electing the alternative                                                   for the 5th and 6th such tax years by
incremental credit,                         incurred) for qualified energy research     the aggregate gross receipts for those
                                            performed by: an eligible small             tax years, then divide the result by 3.
  2. You are electing the alternative
                                            business, a university, or a federal        ● For the 8th tax year beginning after
simplified credit, or
                                            laboratory (see section 41(b)(3)(D) for     1993 for which you have qualified
   3. You previously elected the            definitions of those entities). Also        research expenses, divide the
alternative incremental credit or the       include payments to those same              aggregate qualified research expenses
alternative simplified credit and are not   entities to the extent they are included    for the 5th, 6th, and 7th such tax
revoking the election on this return.       as basic research payments in line 2,       years by the aggregate gross receipts
Line 1                                      not to exceed the base period amount        for those tax years, then divide the
                                            in line 3.
Enter the amounts you paid or                                                           result by 2.
                                            ● 75% of amounts you paid (or
incurred to energy research consortia                                                   ● For the 9th tax year beginning after
for energy research. Energy research        incurred) for qualified research by a       1993 for which you have qualified
does not include any research that is       qualified research consortium (as           research expenses, divide the
not qualified research. In general, an      defined by section 41(b)(3)(C)(ii)). Also   aggregate qualified research expenses
energy research consortium is any           include 75% of the payments to a            for the 5th, 6th, 7th, and 8th such tax
organization described in section           qualified research consortium to the        years by the aggregate gross receipts
501(c)(3), exempt from tax under            extent they are included as basic           for those tax years, then divide the
section 501(a), organized and               research payments in line 2, not to         result by 1.5.
operated primarily to conduct energy        exceed the base period amount in
                                                                                        ● For the 10th tax year beginning after
research, and not a private foundation.     line 3.
                                                                                        1993 for which you have qualified
See section 41(f)(6) for further details.   ● 65% of amounts you paid (or               research expenses, divide the
  Any amount included on line 1             incurred) for all other qualified           aggregate qualified research expenses
cannot be included elsewhere on the         research by any other person. Also          for the 5th through 9th such tax years
return.                                     include 65% of the payments to that         by the aggregate gross receipts for
                                            person to the extent they are included      those tax years, then divide the result
Line 2                                      as basic research payments in line 2,       by 1.2.
                                            not to exceed the base period amount
Enter the amounts the corporation (not
                                                                                        ● For the 11th and later tax years
                                            in line 3.
to include S corporations, personal
                                                                                        beginning after 1993 for which you
holding companies, and service              Note. Prepaid contract research
                                                                                        have qualified research expenses,
organizations) paid in cash, under a        expenses are considered paid in the
                                                                                        divide the aggregate qualified research
written contract, for basic research to     year the research is actually done.
                                                                                        expenses for any 5 of the 5th through
a qualified university, scientific
                                                                                        10th such tax years by the aggregate
                                            Line 10
research organization, or grant
                                                                                        gross receipts for those tax years.
organization. See section 41(e) for         The fixed-base percentage depends
                                                                                           The fixed-base percentage for an
details, including the definitions of       on whether you are an existing
                                                                                        existing company (any company that
qualified organizations.                    company or a start-up company.
                                                                                        is not a start-up company) is figured
                                              A start-up company is a taxpayer
Line 3                                                                                  by dividing the aggregate qualified
                                            that had both gross receipts and            research expenses for the tax years
Enter the qualified organization base
                                            qualified research expenses either:         beginning after 1983 and before 1989
period amount based on minimum
                                            ● For the first time in a tax year          by the aggregate gross receipts for
basic research amounts plus
                                                                                        those tax years.
                                            beginning after 1983, or
maintenance-of-effort amounts for the
                                            ● For fewer than 3 tax years beginning
three preceding tax years. See section                                                     The fixed-base percentage for all
41(e) for details.                                                                      companies (existing and start-up) must
                                            after 1983 and before 1989.
                                                                                        be rounded to the nearest 1/100th of
                                               The fixed-base percentage for a
Line 7                                                                                  1% (that is, four decimal places) and
                                            start-up company is figured as follows.
                                                                                        cannot exceed 16%. In addition, when
Enter the amount you paid or incurred
                                            ● For the first 5 tax years beginning       figuring your fixed-base percentage,
for the rental or lease of computers
                                            after 1993 for which you have qualified     you must reflect expenses for qualified
used in qualified research. The
                                            research expenses, the percentage is        research conducted in Puerto Rico or a
computer must be located off your
                                            3%.                                         U.S. possession for all prior tax years
premises and you must not be the
                                            ● For the 6th tax year beginning after      included in the computation.
operator or primary user of the
                                            1993 for which you have qualified
computer. Reduce this amount by the                                                       If short tax years are involved, see
                                            research expenses, divide the
amount that you (or any member of a                                                     Regulations section 1.41-3(b).
                                            aggregate qualified research expenses
controlled group of corporations or
                                                                                                    Reduce gross receipts by
                                            for the 4th and 5th such tax years by
businesses under common control)
                                                                                                    returns and allowances. For
                                            the aggregate gross receipts for those
received or accrued for the right to
                                                                                                    a foreign corporation,
                                            tax years, then divide the result by 6.
use substantially identical property.                                                    CAUTION    include only gross receipts
                                            ● For the 7th tax year beginning after
Line 8                                                                                  that are effectively connected with a
                                            1993 for which you have qualified           trade or business in the United States
Enter the amounts you paid or               research expenses, divide the               (or in Puerto Rico or a U.S.
incurred, subject to the following          aggregate qualified research expenses       possession, if applicable).
limitations.
5
Form 6765 (2008)                                                                                                          Page


Line 11                                       2. You previously elected the            proportion as income was allocated
                                           alternative incremental credit and are      and enter the beneficiaries’ share on
Enter the average annual gross
                                           not revoking the election on this           line 64.
receipts (reduced by returns and
                                           return.
allowances) for the 4 tax years
                                                                                       Paperwork Reduction Act Notice.
preceding the tax year for which the       Section C—Alternative Simplified            We ask for the information on this
credit is being determined. You may        Credit                                      form to carry out the Internal Revenue
be required to annualize gross receipts
                                           Complete this section only if, instead      laws of the United States. You are
for any short tax year. For a foreign
                                           of the regular credit or the alternative    required to give us the information.
corporation, include only gross
                                           incremental credit:                         We need it to ensure that you are
receipts that are effectively connected
                                                                                       complying with these laws and to
                                              1. You are electing the alternative
with a trade or business in the United
                                                                                       allow us to figure and collect the right
                                           simplified credit, or
States (or in Puerto Rico or a U.S.
                                                                                       amount of tax.
possession, if applicable).                   2. You previously elected the
                                                                                          You are not required to provide the
                                           alternative simplified credit and are not
   For a tax year that the credit                                                      information requested on a form that
                                           revoking the election on this return.
terminates, the average annual gross                                                   is subject to the Paperwork Reduction
receipts for the four tax years                                                        Act unless the form displays a valid
                                           Line 54
preceding the termination tax year is                                                  OMB control number. Books or
                                           Enter your qualified research expenses
prorated for the number of days the                                                    records relating to a form or its
                                           for the prior three tax years. If the
credit applied during the tax year. For                                                instructions must be retained as long
                                           credit terminates during the tax year,
more information, see section 41(h).                                                   as their contents may become material
                                           prorate the qualified research              in the administration of any Internal
Line 17                                    expenses for the prior three tax years      Revenue law. Generally, tax returns
                                           for the number of days the credit
If you do not elect the reduced credit,                                                and return information are confidential,
                                           applied during the tax year. For more
which can only be claimed on an                                                        as required by section 6103.
                                           information, see section 41(h).
original timely filed return (with
                                                                                          The time needed to complete and
extensions), you must reduce your
                                                                                       file this form will vary depending on
                                           Section D—Summary
otherwise allowable deduction for
                                                                                       individual circumstances. The
qualified research expenses or basic       Line 60                                     estimated burden for individual
research expenses by the amount of
                                                                                       taxpayers filing this form is approved
                                           If the credit on line 17, 42, or 59
the credit on this line. If the credit
                                                                                       under OMB control number 1545-0074
                                           includes amounts paid to employees
exceeds the amount allowed as a
                                                                                       and is included in the estimates
                                           as wages, and you are also claiming a
deduction for the tax year, reduce the
                                                                                       shown in the instructions for their
                                           credit for employer differential wage
amount chargeable to capital account
                                                                                       individual income tax return.
                                           payments based on payments you
for the year for such expenses by the
                                           made to the same employees, enter              The estimated burden for all other
amount of the excess. Attach a
                                           on line 60 the portion of the credit        taxpayers who file this form is shown
schedule to your tax return that lists
                                           from Form 8932, line 2, that is             below. The estimated average time is:
the deduction amounts (or capitalized
                                           attributable to wages that were also
expenses) that were reduced. Identify                                                  Recordkeeping              16 hr., 15 min.
                                           used to figure the credit on line 17,
the lines of your return (schedule or
                                                                                       Learning about the law
                                           line 42, or line 59 (whichever applies).
forms for capitalized items) on which
                                                                                       or the form                 2 hr., 22 min.
the reductions were made.                     See Form 8932, Credit for Employer
                                                                                       Preparing and sending the form
                                           Differential Wage Payments, for more
Section B—Alternative                                                                  to the IRS             2 hr., 45 min.
                                           information on the credit.
Incremental Credit                                                                        If you have comments concerning
                                           Line 64
                                                                                       the accuracy of these time estimates
Complete this section only if, instead
                                           Estates and trusts. Allocate the credit     or suggestions for making this form
of the regular credit or the alternative
                                           for increasing research activities on       simpler, we would be happy to hear
simplified credit:
                                           line 63 between the estate or trust and     from you. See the instructions for the
  1. You are electing the alternative      the beneficiaries in the same               tax return with which this form is filed.
incremental credit, or

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Form 6765*-Credit for Increasing Research Activities

  • 1. OMB No. 1545-0619 6765 Credit for Increasing Research Activities 2008 Form Attach to your tax return. Department of the Treasury Attachment 81 Internal Revenue Service Sequence No. Name(s) shown on return Identifying number Section A—Regular Credit. Skip this section and go to Section B or C if you are electing or previously elected (and are not revoking) the alternative incremental credit or the alternative simplified credit, respectively. 1 1 Certain amounts paid or incurred to energy consortia (see instructions) 2 2 Basic research payments to qualified organizations (see instructions) 3 3 Qualified organization base period amount 4 4 Subtract line 3 from line 2. If zero or less, enter -0- Wages for qualified services (do not include wages used in figuring 5 5 the work opportunity credit) 6 6 Cost of supplies 7 7 Rental or lease costs of computers (see instructions) 8 Enter the applicable percentage of contract research expenses (see 8 instructions) 9 9 Total qualified research expenses. Add lines 5 through 8 % 10 Enter fixed-base percentage, but not more than 16% (see instructions) 10 11 11 Enter average annual gross receipts (see instructions) 12 12 Multiply line 11 by the percentage on line 10 13 13 Subtract line 12 from line 9. If zero or less, enter -0- 14 Multiply line 9 by 50% (.50) 14 15 15 Enter the smaller of line 13 or line 14 16 16 Add lines 1, 4, and 15 Are you electing the reduced credit under section 280C? Yes No 17 If “Yes,” multiply line 16 by 13% (.13). If “No,” multiply line 16 by 20% (.20) and see the instructions for the schedule that must be attached. Members of controlled groups or businesses under common control: see instructions for the schedule that must be attached 17 Section B—Alternative Incremental Credit. Skip this section if you are completing Section A or C. 18 Certain amounts paid or incurred to energy consortia (see the line 1 instructions) 18 Basic research payments to qualified organizations (see the line 2 19 19 instructions) 20 Qualified organization base period amount (see the line 3 instructions) 20 21 Subtract line 20 from line 19. If zero or less, enter -0- 21 22 Add lines 18 and 21 22 23 Multiply line 22 by 20% (.20) 23 Wages for qualified services (do not include wages used in figuring 24 24 the work opportunity credit) 25 25 Cost of supplies 26 Rental or lease costs of computers (see the line 7 instructions) 26 Enter the applicable percentage of contract research expenses (see 27 27 the line 8 instructions) 28 Total qualified research expenses. Add lines 24 through 27 28 29 Enter average annual gross receipts (see the line 11 instructions) 29 30 Multiply line 29 by 1% (.01) 30 31 Subtract line 30 from line 28. If zero or less, enter -0- 31 32 Multiply line 29 by 1.5% (.015) 32 33 Subtract line 32 from line 28. If zero or less, enter -0- 33 34 Subtract line 33 from line 31 34 35 Multiply line 29 by 2% (.02) 35 36 Subtract line 35 from line 28. If zero or less, enter -0- 36 37 Subtract line 36 from line 33 37 6765 For Paperwork Reduction Act Notice, see instructions. Cat. No. 13700H Form (2008)
  • 2. 2 Form 6765 (2008) Page Section B—Alternative Incremental Credit (continued) 38 38 Multiply line 34 by 3% (.03) 39 39 Multiply line 37 by 4% (.04) 40 40 Multiply line 36 by 5% (.05) 41 41 Add lines 23, 38, 39, and 40 42 Are you electing the reduced credit under section 280C? Yes No If “Yes,” multiply line 41 by 65% (.65). If “No,” enter the amount from line 41 and see the line 17 instructions for the schedule that must be attached. Members of controlled groups or businesses under common control: see instructions for the schedule that must be attached 42 Section C—Alternative Simplified Credit. Skip this section if you are completing Section A or B. 43 43 Certain amounts paid or incurred to energy consortia (see the line 1 instructions) 44 Basic research payments to qualified organizations (see the line 2 44 instructions) 45 45 Qualified organization base period amount (see the line 3 instructions) 46 46 Subtract line 45 from line 44. If zero or less, enter -0- 47 47 Add lines 43 and 46 48 48 Multiply line 47 by 20% (.20) 49 Wages for qualified services (do not include wages used in figuring the 49 work opportunity credit) 50 50 Cost of supplies 51 51 Rental or lease costs of computers (see the line 7 instructions) 52 Enter the applicable percentage of contract research expenses (see 52 the line 8 instructions) 53 53 Total qualified research expenses. Add lines 49 through 52 54 Enter your total qualified research expenses for the prior 3 tax years. If you had no qualified research expenses in any one of those years, skip 54 lines 55 and 56 55 55 Divide line 54 by 6.0 56 56 Subtract line 55 from line 53. If zero or less, enter -0- ● Line 56 by 12% (.12) for tax years ending before 2009, 57 Multiply: 57 ● Line 56 by 14% (.14) for tax years ending after 2008, or ● Line 53 by 6% (.06) if you skipped lines 55 and 56. 58 58 Add lines 48 and 57 59 Are you electing the reduced credit under section 280C? Yes No If “Yes,” multiply line 58 by 65% (.65). If “No,” enter the amount from line 58 and see the line 17 instructions for the schedule that must be attached. Members of controlled groups or businesses under common control: see instructions for the schedule that must be attached 59 Section D—Summary 60 Enter the portion of the credit from Form 8932, line 2, that is attributable to wages that were also 60 used to figure the credit on line 17, line 42, or line 59 (whichever applies) 61 61 Subtract line 60 from line 17, line 42, or line 59 (whichever applies). If zero or less, enter -0- 62 62 Credit for increasing research activities from partnerships, S corporations, estates, and trusts 63 Add lines 61 and 62. Estates and trusts go to line 64; partnerships and S corporations, report 63 this amount on Schedule K; all others, report this amount on line 1c of Form 3800 64 Amount allocated to beneficiaries of the estate or trust (see instructions) 64 65 Estates and trusts: subtract line 64 from line 63. Report the credit on line 1c of Form 3800 65 6765 Form (2008)
  • 3. 3 Form 6765 (2008) Page In addition, substantially all of the Member of General Instructions activities of the research must be Controlled Group or Section references are to the Internal elements of a process of Business Under Revenue Code unless otherwise experimentation relating to a new or Common Control noted. improved function, performance, reliability, or quality. The research For purposes of figuring the credit, all What’s New credit generally is not allowed for the members of a controlled group of ● The general credit rate for the following types of activities. corporations (as defined in section alternative simplified credit increased ● Research conducted after the 41(f)(1)(A) and (f)(5)) and all members from 12 percent to 14 percent. of a group of businesses under beginning of commercial production. ● The alternative incremental credit in common control (as defined in section ● Research adapting an existing 41(f)(1)(B)), are treated as a single Section B will terminate for tax years product or process to a particular taxpayer. As a member, compute your beginning after December 31, 2008. customer’s need. credit based on your proportionate ● The current year credit must be ● Duplication of an existing product or share of qualified research expenses reduced by the amount (if any) of the process. and basic research payments giving credit for employer differential wage rise to the group’s research credit for ● Surveys or studies. payments. Section A, B, or C. Enter your share of ● Research relating to certain the credit on line 17, 42, or 59, Purpose of Form internal-use computer software. whichever applies. Attach a statement ● Research conducted outside the Use Form 6765 to figure and claim the showing how your share of the credit credit for increasing research was figured, and write “See Attached” United States, Puerto Rico, or a U.S. activities. next to the entry space for line 17, 42, possession. or 59. ● Research in the social sciences, Who Must File For special rules regarding the arts, or humanities. An individual, estate, trust, election (or revocation of the election) ● Research funded by another person organization, or corporation claiming a of the alternative incremental credit in (or governmental entity). credit for increasing research activities; Section B by a controlled group of or any S corporation, partnership, If you incur qualified clinical testing corporations, see Regulations section estate, or trust that allocates the credit expenses relating to drugs for certain 1.41-8. to its shareholders, partners, or rare diseases, you can elect to claim Specific Instructions beneficiaries must complete this form the orphan drug credit for these and attach it to its income tax return. If expenses instead of the research you are a taxpayer that is not a You can: credit. See Form 8820, Orphan Drug partnership or S corporation, and your Credit. ● Claim the regular credit in only source of this credit is from a See section 41 and Regulations Section A, partnership, S corporation, estate, or sections 1.41-2 and 1.41-4 for other ● Elect the alternative incremental trust, you are not required to complete definitions and special rules. credit in Section B, or or file this form, with the following ● Elect the alternative simplified credit Special Rules exception: you are a taxpayer that is an estate or trust and the credit can be in Section C. See section 41(f) and Regulations allocated to beneficiaries. For more You may want to figure your credit sections 1.41-6, 1.41-6T, and 1.41-7 details, see the Instructions for Form using all of the methods for which you for special rules related to: 1041, Schedule K-1, box 13. are eligible to get the maximum credit ● Aggregation of expenditures for allowed. Note: Corporations filing an amended members of controlled groups and return to claim a refund of the Once elected, the alternative businesses under common control; research credit, see Notice 2008-39, incremental credit or the alternative ● Allocation of the credit by I.R.B. 2008-13 684, available at simplified credit applies to the current partnerships, estates, and trusts; http://www.irs.gov/irb/2008-13_IRB/ tax year and all later tax years, unless ● Adjustments, if a major portion of a index.html for information on where to you revoke the election. The file. business is acquired or disposed of; revocation for the alternative and incremental credit must be made on Qualified Research an original return filed by the due date ● Short tax years. The research credit is generally allowed (including extensions). See Regulations For special rules concerning the for expenditures paid or incurred for section 1.41-8T. The revocation of the allocation and apportionment of qualified research. Qualified research alternative incremental credit may not research and experimental means research for which expenditures be made on an amended return. To expenditures between U.S. and may be treated as section 174 revoke a previous election of the foreign source income, see sections expenses. This research must be alternative incremental credit, 861 through 864. undertaken for discovering information complete Section A or C. that is technological in nature, and its Section A—Regular Credit application must be intended for use in developing a new or improved Skip this section and go to Section B business component of the taxpayer. or C if:
  • 4. 4 Form 6765 (2008) Page ● 100% of amounts you paid (or 1. You are electing the alternative for the 5th and 6th such tax years by incremental credit, incurred) for qualified energy research the aggregate gross receipts for those performed by: an eligible small tax years, then divide the result by 3. 2. You are electing the alternative business, a university, or a federal ● For the 8th tax year beginning after simplified credit, or laboratory (see section 41(b)(3)(D) for 1993 for which you have qualified 3. You previously elected the definitions of those entities). Also research expenses, divide the alternative incremental credit or the include payments to those same aggregate qualified research expenses alternative simplified credit and are not entities to the extent they are included for the 5th, 6th, and 7th such tax revoking the election on this return. as basic research payments in line 2, years by the aggregate gross receipts Line 1 not to exceed the base period amount for those tax years, then divide the in line 3. Enter the amounts you paid or result by 2. ● 75% of amounts you paid (or incurred to energy research consortia ● For the 9th tax year beginning after for energy research. Energy research incurred) for qualified research by a 1993 for which you have qualified does not include any research that is qualified research consortium (as research expenses, divide the not qualified research. In general, an defined by section 41(b)(3)(C)(ii)). Also aggregate qualified research expenses energy research consortium is any include 75% of the payments to a for the 5th, 6th, 7th, and 8th such tax organization described in section qualified research consortium to the years by the aggregate gross receipts 501(c)(3), exempt from tax under extent they are included as basic for those tax years, then divide the section 501(a), organized and research payments in line 2, not to result by 1.5. operated primarily to conduct energy exceed the base period amount in ● For the 10th tax year beginning after research, and not a private foundation. line 3. 1993 for which you have qualified See section 41(f)(6) for further details. ● 65% of amounts you paid (or research expenses, divide the Any amount included on line 1 incurred) for all other qualified aggregate qualified research expenses cannot be included elsewhere on the research by any other person. Also for the 5th through 9th such tax years return. include 65% of the payments to that by the aggregate gross receipts for person to the extent they are included those tax years, then divide the result Line 2 as basic research payments in line 2, by 1.2. not to exceed the base period amount Enter the amounts the corporation (not ● For the 11th and later tax years in line 3. to include S corporations, personal beginning after 1993 for which you holding companies, and service Note. Prepaid contract research have qualified research expenses, organizations) paid in cash, under a expenses are considered paid in the divide the aggregate qualified research written contract, for basic research to year the research is actually done. expenses for any 5 of the 5th through a qualified university, scientific 10th such tax years by the aggregate Line 10 research organization, or grant gross receipts for those tax years. organization. See section 41(e) for The fixed-base percentage depends The fixed-base percentage for an details, including the definitions of on whether you are an existing existing company (any company that qualified organizations. company or a start-up company. is not a start-up company) is figured A start-up company is a taxpayer Line 3 by dividing the aggregate qualified that had both gross receipts and research expenses for the tax years Enter the qualified organization base qualified research expenses either: beginning after 1983 and before 1989 period amount based on minimum ● For the first time in a tax year by the aggregate gross receipts for basic research amounts plus those tax years. beginning after 1983, or maintenance-of-effort amounts for the ● For fewer than 3 tax years beginning three preceding tax years. See section The fixed-base percentage for all 41(e) for details. companies (existing and start-up) must after 1983 and before 1989. be rounded to the nearest 1/100th of The fixed-base percentage for a Line 7 1% (that is, four decimal places) and start-up company is figured as follows. cannot exceed 16%. In addition, when Enter the amount you paid or incurred ● For the first 5 tax years beginning figuring your fixed-base percentage, for the rental or lease of computers after 1993 for which you have qualified you must reflect expenses for qualified used in qualified research. The research expenses, the percentage is research conducted in Puerto Rico or a computer must be located off your 3%. U.S. possession for all prior tax years premises and you must not be the ● For the 6th tax year beginning after included in the computation. operator or primary user of the 1993 for which you have qualified computer. Reduce this amount by the If short tax years are involved, see research expenses, divide the amount that you (or any member of a Regulations section 1.41-3(b). aggregate qualified research expenses controlled group of corporations or Reduce gross receipts by for the 4th and 5th such tax years by businesses under common control) returns and allowances. For the aggregate gross receipts for those received or accrued for the right to a foreign corporation, tax years, then divide the result by 6. use substantially identical property. CAUTION include only gross receipts ● For the 7th tax year beginning after Line 8 that are effectively connected with a 1993 for which you have qualified trade or business in the United States Enter the amounts you paid or research expenses, divide the (or in Puerto Rico or a U.S. incurred, subject to the following aggregate qualified research expenses possession, if applicable). limitations.
  • 5. 5 Form 6765 (2008) Page Line 11 2. You previously elected the proportion as income was allocated alternative incremental credit and are and enter the beneficiaries’ share on Enter the average annual gross not revoking the election on this line 64. receipts (reduced by returns and return. allowances) for the 4 tax years Paperwork Reduction Act Notice. preceding the tax year for which the Section C—Alternative Simplified We ask for the information on this credit is being determined. You may Credit form to carry out the Internal Revenue be required to annualize gross receipts Complete this section only if, instead laws of the United States. You are for any short tax year. For a foreign of the regular credit or the alternative required to give us the information. corporation, include only gross incremental credit: We need it to ensure that you are receipts that are effectively connected complying with these laws and to 1. You are electing the alternative with a trade or business in the United allow us to figure and collect the right simplified credit, or States (or in Puerto Rico or a U.S. amount of tax. possession, if applicable). 2. You previously elected the You are not required to provide the alternative simplified credit and are not For a tax year that the credit information requested on a form that revoking the election on this return. terminates, the average annual gross is subject to the Paperwork Reduction receipts for the four tax years Act unless the form displays a valid Line 54 preceding the termination tax year is OMB control number. Books or Enter your qualified research expenses prorated for the number of days the records relating to a form or its for the prior three tax years. If the credit applied during the tax year. For instructions must be retained as long credit terminates during the tax year, more information, see section 41(h). as their contents may become material prorate the qualified research in the administration of any Internal Line 17 expenses for the prior three tax years Revenue law. Generally, tax returns for the number of days the credit If you do not elect the reduced credit, and return information are confidential, applied during the tax year. For more which can only be claimed on an as required by section 6103. information, see section 41(h). original timely filed return (with The time needed to complete and extensions), you must reduce your file this form will vary depending on Section D—Summary otherwise allowable deduction for individual circumstances. The qualified research expenses or basic Line 60 estimated burden for individual research expenses by the amount of taxpayers filing this form is approved If the credit on line 17, 42, or 59 the credit on this line. If the credit under OMB control number 1545-0074 includes amounts paid to employees exceeds the amount allowed as a and is included in the estimates as wages, and you are also claiming a deduction for the tax year, reduce the shown in the instructions for their credit for employer differential wage amount chargeable to capital account individual income tax return. payments based on payments you for the year for such expenses by the made to the same employees, enter The estimated burden for all other amount of the excess. Attach a on line 60 the portion of the credit taxpayers who file this form is shown schedule to your tax return that lists from Form 8932, line 2, that is below. The estimated average time is: the deduction amounts (or capitalized attributable to wages that were also expenses) that were reduced. Identify Recordkeeping 16 hr., 15 min. used to figure the credit on line 17, the lines of your return (schedule or Learning about the law line 42, or line 59 (whichever applies). forms for capitalized items) on which or the form 2 hr., 22 min. the reductions were made. See Form 8932, Credit for Employer Preparing and sending the form Differential Wage Payments, for more Section B—Alternative to the IRS 2 hr., 45 min. information on the credit. Incremental Credit If you have comments concerning Line 64 the accuracy of these time estimates Complete this section only if, instead Estates and trusts. Allocate the credit or suggestions for making this form of the regular credit or the alternative for increasing research activities on simpler, we would be happy to hear simplified credit: line 63 between the estate or trust and from you. See the instructions for the 1. You are electing the alternative the beneficiaries in the same tax return with which this form is filed. incremental credit, or