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K-78                                                                    KANSAS

                                               NITROGEN FERTILIZER PLANT CREDIT
(Rev. 8/07)	


                   For the taxable year beginning _________________ , 20____ ; ending _________________ , 20____ .

 Name of taxpayer (as shown on return)                                                                       Social Security Number or Employer ID Number (EIN)


 If partner, shareholder or member, enter name of partnership, S corporation, LLC or LLP                     Employer ID Number (EIN)




PART A – COMPUTATION OF CREDIT
Complete PART A only in the year the new integrated coal or coke gasification nitrogen fertilizer plant or expansion of an existing
integrated coal or coke gas nitrogen fertilizer plant has been placed into service.

 1. Enter the total amount of the “qualified investment”. Do not enter more than $250,000,000.                                          1. ________________

                                                                                                                                                10%
 2. Authorized credit percentage.	                                                                                                      2. ________________

 3. Credit limit on the “qualified investment” of $250,000,000 or less. Multiply line 1 by line 2.                                      3. ________________

 4. Enter the total amount of the “qualified investment” that exceeds $250,000,000.	                                                    4. ________________

                                                                                                                                                 5%
 5. Authorized credit percentage.	                                                                                                      5. ________________

 6. Credit limit on the “qualified investment” that exceeds $250,000,000. Multiply line 4 by line 5.                                    6. ________________

 7. Credit limit on the total “qualified investment.” Add line 3 and line 6.	                                                           7. ________________

                                                                                                                                                10%
 8. Authorized credit percentage allowed to be claimed each tax year.	                                                                  8. ________________

 9. Total credit allowed to be claimed in the year the nitrogen fertilizer plant is placed into service.
    Multiply line 7 by line 8.                                                                                                          9. ________________

10.	 Proportionate share percentage (see instructions).                                                                              10. ________________

11.	 Your share of the credit that may be claimed this tax year and the next subsequent nine (9) tax years.
     Multiply line 9 by line 10.                                                                                                     11. ________________


PART B – COMPUTATION OF TOTAL CREDIT CLAIMED THIS YEAR


Indicate, by checking the appropriate box, which year of the ten (10) equal, annual installments for which this credit is being claimed:
  1st year ‰      2nd year ‰        3rd year ‰                   ‰      5th year ‰         6th year ‰   7th year ‰    8th year ‰        9th year ‰    10th year ‰
                                                      4th year
If the credit is being claimed for the “carry-over” 11th, 12th, 13th or 14th tax years, skip line 12 and make an entry on line 13.

12. Enter the amount from line 11, Schedule K-78 from the first year in which this credit was claimed.                               12. ________________

13. Enter the amount of available carry forward credit from the prior year’s Schedule K-78.	                                         13. ________________

14. Total credit available. Add line 12 and line 13.	                                                                                14. ________________

15. Enter your tax liability for this tax year after all credits other than this credit.	                                            15. ________________

16. 	Amount of credit allowable this tax year. Enter the lesser of lines 14 or 15.
     Enter this amount on the appropriate line of Form K-40, Form K-41 or Form K-120.                                                16. ________________
If line 16 is less than line 14, complete PART C.

PART C – COMPUTATION OF CARRY FORWARD CREDIT


17. Amount of credit to carry forward to next year’s Schedule K-78. Subtract line 16 from line 14.

    Enter this amount on line 13 of next year’s Schedule K-78.                                                                       17. ________________
INSTRUCTIONS FOR SCHEDULE K-78

                   GENERAL INFORMATION                                    LINE 6 – Credit limit on the qualified investment that exceeds
                                                                              $250,000,000. Multiply line 4 by line 5, and enter the result.
   K.S.A. 79-32,229 provides a tax credit against the Kansas
                                                                          LINE 7 – Credit limit on the total “qualified investment”. Add line
income tax liability of a taxpayer who makes a “qualified investment”
                                                                              3 and line 6, and enter the result.
in a “nitrogen fertilizer plant” for tax years beginning after December
                                                                          LINE 8 – Authorized credit percentage. This credit may be claimed
31, 2005 and before January 1, 2011. The credit is 10% of the
                                                                              in ten (10) equal annual installments.
taxpayer’s “qualified investment” on the first $250,000,000 invested,
and 5% of the taxpayer’s “qualified investment” that exceeds              LINE 9 – Total credit allowed to be claimed this tax year. Multiply
$250,000,000. The credit will be taken in ten (10) equal annual               line 7 by line 8, and enter the result.
installments beginning with the year in which the taxpayer places         LINE 10 – Partners, shareholders or members: Enter the percentage
into service the new integrated coal or coke gasification nitrogen            that represents your proportionate share in the partnership, S
fertilizer plant or the expansion of an existing integrated coal or           corporation, LLC or LLP. All other taxpayers: Enter 100%.
coke gasification nitrogen fertilizer plant.                              LINE 11 – Your share of the credit. Multiply line 9 by line 10, and
   Before making a qualified investment, a taxpayer shall apply               enter the result.
to the Secretary of Commerce to enter into an agreement for a
                                                                                     PART B – COMPUTATION OF TOTAL CREDIT

tax credit. After receipt of such application, the Secretary of
                                                                                               CLAIMED THIS YEAR

Commerce may enter into an agreement with the applicant for a
credit if the Secretary determines that the taxpayer’s proposed
investment satisfies the requirements.                                      Indicate, by checking the appropriate box, which year of the
   If the credit allowed exceeds the taxpayer’s tax liability in any      annual installments for which this credit is being claimed.
one taxable year, the amount of the credit that exceeds the tax
                                                                          LINE 12 – Enter the amount from line 11, Schedule K-78 from the
liability may be carried forward until the total amount of the credit
                                                                              first year in which this credit was claimed.
is used, except that no such tax credit shall be carried over for
deduction after the 14th taxable year after the taxable year in which     LINE 13 – Enter the amount of available carry forward credit from
the first annual installment is allowed.                                      the prior year’s Schedule K-78.
   Expenditures used to qualify for this credit shall not be used to      LINE 14 – Total credit available. Add line 12 and 13, and enter
qualify for any other type of Kansas Income Tax credit.                       the result.
   ‘‘Expansion of an existing coal or coke gasification nitrogen          LINE 15 – Enter your tax liability after all credits other than this
fertilizer plant’’ means expansion which begins after December
                                                                              credit.
31, 2005, of the capacity of an existing coal or coke gasification
                                                                          LINE 16 – Enter the lesser of lines 14 or 15. This is the amount of
nitrogen fertilizer plant by at least 20% of such capacity.
                                                                              credit allowed for this tax year. Enter this amount on the
   “Integrated coal or coke gasification nitrogen fertilizer
                                                                              appropriate line of Form K-40, Form K-41 or Form K-120.
plant’’ means a facility which: (1) Is located in Kansas, (2) converts
coal or petroleum coke into synthesis gas and (3) uses the                If line 16 is less than line 14, complete PART C.
synthesis gas to produce nitrogen fertilizer.
                                                                              PART C – COMPUTATION OF CARRY FORWARD CREDIT
   ‘‘New coal or coke gasification nitrogen fertilizer plant’’
means a coal or coke gasification nitrogen fertilizer plant,
                                                                          LINE 17 – Subtract line 16 from line 14. This is the amount of
construction of which begins after December 31, 2005.
                                                                              credit to carry forward to next year’s Schedule K-78. Enter
   ‘‘Qualified investment’’ means expenditures made in
                                                                              this amount on line 13 of next year’s Schedule K-78.
construction of a new integrated coal or coke gasification nitrogen
fertilizer plant or expansion of an existing integrated coal or coke
                                                                                  IMPORTANT: Do not send any enclosures with this
gasification nitrogen fertilizer plant, for real and tangible personal
                                                                                  schedule. A copy of the approved authorization from the
property incorporated in and used as part of such plant.
                                                                                  Secretary of Commerce must be kept with your records.
                                                                          The Kansas Department of Revenue reserves the right to request
               SPECIFIC LINE INSTRUCTIONS
                                                                          additional information as necessary.
  Enter all requested information at the top of this schedule.
                                                                                             TAXPAYER ASSISTANCE
             PART A – COMPUTATION OF CREDIT
                                                                            Address questions about qualifying for this credit to:
( To be completed only in the first year that this credit is claimed)
                                                                                           Kansas Department of Commerce
                                                                                             1000 SW Jackson, Suite 100
LINE 1 – Enter the total qualified investment up to and including
                                                                                               Topeka, KS 66612-1354
    the first $250,000,000 made in the construction of a new
    integrated coal or coke gasification nitrogen fertilizer plant or                               (785) 296-3481
                                                                                                http://kdoch.state.ks.us
    in the expansion of an existing integrated coal or coke
    gasification nitrogen fertilizer plant.
                                                                            For assistance in completing this schedule contact the Kansas
LINE 2 – The credit is limited to 10% of the first $250,000,000 of
                                                                          Department of Revenue:
    qualified investment.
                                                                                              Taxpayer Assistance Center
LINE 3 – Credit limit on the qualified investment for the first
                                                                                         Docking State Office Building, 1st Floor
    $250,000,000. Multiply line 1 by line 2, and enter the result.
                                                                                                  915 SW Harrison St.
LINE 4 – Enter the total qualified investment which exceeds the
                                                                                               Topeka, KS 66625-2007
    first $250,000,000 of investment made in the construction of
                                                                                                Phone: (785) 368-8222
    a new integrated coal or coke gasification nitrogen fertilizer
                                                                                         Hearing Impaired TTY: (785) 296-6461
    plant or expansion of an existing integrated coal or coke
                                                                                                  Fax: (785) 291-3614
    gasification nitrogen fertilizer plant.
LINE 5 – The credit is limited to 5% of the qualified investment             Additional copies of this income tax credit schedule and other
    that exceeds $250,000,000.                                            tax forms are available from our web site at www.ksrevenue.org.

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Nitrogen Fertilizer Plant Credit (K-78)

  • 1. K-78 KANSAS NITROGEN FERTILIZER PLANT CREDIT (Rev. 8/07) For the taxable year beginning _________________ , 20____ ; ending _________________ , 20____ . Name of taxpayer (as shown on return) Social Security Number or Employer ID Number (EIN) If partner, shareholder or member, enter name of partnership, S corporation, LLC or LLP Employer ID Number (EIN) PART A – COMPUTATION OF CREDIT Complete PART A only in the year the new integrated coal or coke gasification nitrogen fertilizer plant or expansion of an existing integrated coal or coke gas nitrogen fertilizer plant has been placed into service. 1. Enter the total amount of the “qualified investment”. Do not enter more than $250,000,000. 1. ________________ 10% 2. Authorized credit percentage. 2. ________________ 3. Credit limit on the “qualified investment” of $250,000,000 or less. Multiply line 1 by line 2. 3. ________________ 4. Enter the total amount of the “qualified investment” that exceeds $250,000,000. 4. ________________ 5% 5. Authorized credit percentage. 5. ________________ 6. Credit limit on the “qualified investment” that exceeds $250,000,000. Multiply line 4 by line 5. 6. ________________ 7. Credit limit on the total “qualified investment.” Add line 3 and line 6. 7. ________________ 10% 8. Authorized credit percentage allowed to be claimed each tax year. 8. ________________ 9. Total credit allowed to be claimed in the year the nitrogen fertilizer plant is placed into service. Multiply line 7 by line 8. 9. ________________ 10. Proportionate share percentage (see instructions). 10. ________________ 11. Your share of the credit that may be claimed this tax year and the next subsequent nine (9) tax years. Multiply line 9 by line 10. 11. ________________ PART B – COMPUTATION OF TOTAL CREDIT CLAIMED THIS YEAR Indicate, by checking the appropriate box, which year of the ten (10) equal, annual installments for which this credit is being claimed: 1st year ‰ 2nd year ‰ 3rd year ‰ ‰ 5th year ‰ 6th year ‰ 7th year ‰ 8th year ‰ 9th year ‰ 10th year ‰ 4th year If the credit is being claimed for the “carry-over” 11th, 12th, 13th or 14th tax years, skip line 12 and make an entry on line 13. 12. Enter the amount from line 11, Schedule K-78 from the first year in which this credit was claimed. 12. ________________ 13. Enter the amount of available carry forward credit from the prior year’s Schedule K-78. 13. ________________ 14. Total credit available. Add line 12 and line 13. 14. ________________ 15. Enter your tax liability for this tax year after all credits other than this credit. 15. ________________ 16. Amount of credit allowable this tax year. Enter the lesser of lines 14 or 15. Enter this amount on the appropriate line of Form K-40, Form K-41 or Form K-120. 16. ________________ If line 16 is less than line 14, complete PART C. PART C – COMPUTATION OF CARRY FORWARD CREDIT 17. Amount of credit to carry forward to next year’s Schedule K-78. Subtract line 16 from line 14. Enter this amount on line 13 of next year’s Schedule K-78. 17. ________________
  • 2. INSTRUCTIONS FOR SCHEDULE K-78 GENERAL INFORMATION LINE 6 – Credit limit on the qualified investment that exceeds $250,000,000. Multiply line 4 by line 5, and enter the result. K.S.A. 79-32,229 provides a tax credit against the Kansas LINE 7 – Credit limit on the total “qualified investment”. Add line income tax liability of a taxpayer who makes a “qualified investment” 3 and line 6, and enter the result. in a “nitrogen fertilizer plant” for tax years beginning after December LINE 8 – Authorized credit percentage. This credit may be claimed 31, 2005 and before January 1, 2011. The credit is 10% of the in ten (10) equal annual installments. taxpayer’s “qualified investment” on the first $250,000,000 invested, and 5% of the taxpayer’s “qualified investment” that exceeds LINE 9 – Total credit allowed to be claimed this tax year. Multiply $250,000,000. The credit will be taken in ten (10) equal annual line 7 by line 8, and enter the result. installments beginning with the year in which the taxpayer places LINE 10 – Partners, shareholders or members: Enter the percentage into service the new integrated coal or coke gasification nitrogen that represents your proportionate share in the partnership, S fertilizer plant or the expansion of an existing integrated coal or corporation, LLC or LLP. All other taxpayers: Enter 100%. coke gasification nitrogen fertilizer plant. LINE 11 – Your share of the credit. Multiply line 9 by line 10, and Before making a qualified investment, a taxpayer shall apply enter the result. to the Secretary of Commerce to enter into an agreement for a PART B – COMPUTATION OF TOTAL CREDIT tax credit. After receipt of such application, the Secretary of CLAIMED THIS YEAR Commerce may enter into an agreement with the applicant for a credit if the Secretary determines that the taxpayer’s proposed investment satisfies the requirements. Indicate, by checking the appropriate box, which year of the If the credit allowed exceeds the taxpayer’s tax liability in any annual installments for which this credit is being claimed. one taxable year, the amount of the credit that exceeds the tax LINE 12 – Enter the amount from line 11, Schedule K-78 from the liability may be carried forward until the total amount of the credit first year in which this credit was claimed. is used, except that no such tax credit shall be carried over for deduction after the 14th taxable year after the taxable year in which LINE 13 – Enter the amount of available carry forward credit from the first annual installment is allowed. the prior year’s Schedule K-78. Expenditures used to qualify for this credit shall not be used to LINE 14 – Total credit available. Add line 12 and 13, and enter qualify for any other type of Kansas Income Tax credit. the result. ‘‘Expansion of an existing coal or coke gasification nitrogen LINE 15 – Enter your tax liability after all credits other than this fertilizer plant’’ means expansion which begins after December credit. 31, 2005, of the capacity of an existing coal or coke gasification LINE 16 – Enter the lesser of lines 14 or 15. This is the amount of nitrogen fertilizer plant by at least 20% of such capacity. credit allowed for this tax year. Enter this amount on the “Integrated coal or coke gasification nitrogen fertilizer appropriate line of Form K-40, Form K-41 or Form K-120. plant’’ means a facility which: (1) Is located in Kansas, (2) converts coal or petroleum coke into synthesis gas and (3) uses the If line 16 is less than line 14, complete PART C. synthesis gas to produce nitrogen fertilizer. PART C – COMPUTATION OF CARRY FORWARD CREDIT ‘‘New coal or coke gasification nitrogen fertilizer plant’’ means a coal or coke gasification nitrogen fertilizer plant, LINE 17 – Subtract line 16 from line 14. This is the amount of construction of which begins after December 31, 2005. credit to carry forward to next year’s Schedule K-78. Enter ‘‘Qualified investment’’ means expenditures made in this amount on line 13 of next year’s Schedule K-78. construction of a new integrated coal or coke gasification nitrogen fertilizer plant or expansion of an existing integrated coal or coke IMPORTANT: Do not send any enclosures with this gasification nitrogen fertilizer plant, for real and tangible personal schedule. A copy of the approved authorization from the property incorporated in and used as part of such plant. Secretary of Commerce must be kept with your records. The Kansas Department of Revenue reserves the right to request SPECIFIC LINE INSTRUCTIONS additional information as necessary. Enter all requested information at the top of this schedule. TAXPAYER ASSISTANCE PART A – COMPUTATION OF CREDIT Address questions about qualifying for this credit to: ( To be completed only in the first year that this credit is claimed) Kansas Department of Commerce 1000 SW Jackson, Suite 100 LINE 1 – Enter the total qualified investment up to and including Topeka, KS 66612-1354 the first $250,000,000 made in the construction of a new integrated coal or coke gasification nitrogen fertilizer plant or (785) 296-3481 http://kdoch.state.ks.us in the expansion of an existing integrated coal or coke gasification nitrogen fertilizer plant. For assistance in completing this schedule contact the Kansas LINE 2 – The credit is limited to 10% of the first $250,000,000 of Department of Revenue: qualified investment. Taxpayer Assistance Center LINE 3 – Credit limit on the qualified investment for the first Docking State Office Building, 1st Floor $250,000,000. Multiply line 1 by line 2, and enter the result. 915 SW Harrison St. LINE 4 – Enter the total qualified investment which exceeds the Topeka, KS 66625-2007 first $250,000,000 of investment made in the construction of Phone: (785) 368-8222 a new integrated coal or coke gasification nitrogen fertilizer Hearing Impaired TTY: (785) 296-6461 plant or expansion of an existing integrated coal or coke Fax: (785) 291-3614 gasification nitrogen fertilizer plant. LINE 5 – The credit is limited to 5% of the qualified investment Additional copies of this income tax credit schedule and other that exceeds $250,000,000. tax forms are available from our web site at www.ksrevenue.org.