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25-121
                                                                                                                                   PRINT FORM          CLEAR FIELDS
                                                  PROGRAM II
           (9-07)


TEXAS CERTIFIED INVESTOR
TAX CREDIT TRANSFER AFFIDAVIT
This form must be completed by the certified investor and each insurer to whom credits are transferred and must be filed with the Annual
Notification of Credit Transfer (Form 25-117).
Applies to Notification for Tax Year __________                                                                                                • See instructions on back.
Name of Certified Investor Transferring Credits                                                                    Taxpayer Number



Address



   City                                                                                       State                           ZIP Code



Name of Contact Person



Phone Number (Area code and number)                       FAX number (Area code and number)                        Email address




Name of Insurer Receiving Transfer                                                                                 Taxpayer Number



Address



   City                                                                                       State                           ZIP Code



Name of Contact Person



Phone Number (Area code and number)                       FAX number (Area code and number)                        Email address



                                                                                                                                         PROPORTIONATE SHARE OF
                                                                                  TOTAL CREDITS TO BE                                    CREDIT AVAILABLE TO THIS
                 CAPCO THAT                                    AMOUNT OF      TRANSFERRED TO THIS INSURER                                 INSURER PER TAX YEAR
                                                                                    (Whole dollars only)                                     (Whole dollars only)
             RECEIVED INVESTMENT                          ORIGINAL INVESTMENT

                                                               $                                      $                                       $

           All transfers must comply with the requirements of and are subject to the limitations in rule 34 TAC §3.830.

           Once filed with the Annual Notification of Credit Transfer, this affidavit cannot be revoked for any reason.

           Insurers receiving a transfer of CAPCO credits are limited to using their proportionate share of the CAPCO
           credits that the original certified investor would have been entitled to use during a tax year.

           This form is due no later than January 10 following the tax year that credits are transferred. Forms received
           after this date will be considered as the filing for the next tax year.
           For the Certified Investor:                                                 Printed name




                                                                                       Daytime phone (Area code and number)




           For the Transferee:                                                         Printed name




                                                                                       Daytime phone (Area code and number)




  You have certain rights under Chapters 552 and 559, Government Code, to review, request and correct information we have on file about you. Contact us at the
  address or toll-free number listed on this form.
Form 25-121 (Back)(9-07)

                                                              INSTRUCTIONS



          EXAMPLE of Maximum Annual Credit Allowed Determination:

          Company A (certified investor) has $4 million in tax credits and is therefore entitled to use a maximum of $1
          million in tax credits per year over 4 years. Company A is only able to use $500,000 in the first year of the
          credits, but is allowed to roll the unused $500,000 forward to future years.

          For the second tax year, Company A has a balance of $3.5 million in tax credits and is allowed to use a maximum
          of $1 million in tax credits that year, except that it transfers $1 million in credits to Company B and $1 million in
          credits to Company C. In the subsequent tax years, the total allowable credits are $1 million between the three
          companies. Assuming that beginning in Year 2, the three companies use the maximum annual credit allowed,
          the credits would be applied as follows:

                                                                            MAXIMUM ANNUAL
                             COMPANY          CREDIT BALANCE                CREDIT ALLOWED
               Year 2              A              $1,500,000                     $ 333,334         ($500,000 carries forward to future years)
                                   B              $1,000,000                        333,333
                                   C              $1,000,000                        333,333
                                                                                 $1,000,000
               Year 3              A              $1,166,666                     $ 333,334
                                   B              $ 666,667                         333,333
                                   C              $ 666,667                         333,333
                                                                                 $1,000,000
               Year 4              A                $833,332                     $ 333,332
                                   B                 333,334                        333,334
                                   C                 333,334                        333,334
                                                                                 $1,000,000
               Year 5              A                $500,000                     $ 500,000         (unused balance from year 1)
                                   B                       0                             0
                                   C                       0                             0
                                                                                 $ 500,000

          Questions regarding submission of the Annual Notification of Credit Transfer or the Transfer Affidavit should
          be directed to:
                                             CAPCO PROGRAM ADMINISTRATOR
                                           Phone: .................................... (512) 463-4124
                                           FAX: ........................................ (512) 463-4368
                                           Email: ........ greg.scheirman@cpa.state.tx.us

                                                            RETURN FORM TO:

                                                        STATE COMPTROLLER
                                              111 E. 17th Street Austin, TX 78774-0100
                                                       (800) 531-5441 ext 3-4124

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Texas CAPCO Forms

  • 1. 25-121 PRINT FORM CLEAR FIELDS PROGRAM II (9-07) TEXAS CERTIFIED INVESTOR TAX CREDIT TRANSFER AFFIDAVIT This form must be completed by the certified investor and each insurer to whom credits are transferred and must be filed with the Annual Notification of Credit Transfer (Form 25-117). Applies to Notification for Tax Year __________ • See instructions on back. Name of Certified Investor Transferring Credits Taxpayer Number Address City State ZIP Code Name of Contact Person Phone Number (Area code and number) FAX number (Area code and number) Email address Name of Insurer Receiving Transfer Taxpayer Number Address City State ZIP Code Name of Contact Person Phone Number (Area code and number) FAX number (Area code and number) Email address PROPORTIONATE SHARE OF TOTAL CREDITS TO BE CREDIT AVAILABLE TO THIS CAPCO THAT AMOUNT OF TRANSFERRED TO THIS INSURER INSURER PER TAX YEAR (Whole dollars only) (Whole dollars only) RECEIVED INVESTMENT ORIGINAL INVESTMENT $ $ $ All transfers must comply with the requirements of and are subject to the limitations in rule 34 TAC §3.830. Once filed with the Annual Notification of Credit Transfer, this affidavit cannot be revoked for any reason. Insurers receiving a transfer of CAPCO credits are limited to using their proportionate share of the CAPCO credits that the original certified investor would have been entitled to use during a tax year. This form is due no later than January 10 following the tax year that credits are transferred. Forms received after this date will be considered as the filing for the next tax year. For the Certified Investor: Printed name Daytime phone (Area code and number) For the Transferee: Printed name Daytime phone (Area code and number) You have certain rights under Chapters 552 and 559, Government Code, to review, request and correct information we have on file about you. Contact us at the address or toll-free number listed on this form.
  • 2. Form 25-121 (Back)(9-07) INSTRUCTIONS EXAMPLE of Maximum Annual Credit Allowed Determination: Company A (certified investor) has $4 million in tax credits and is therefore entitled to use a maximum of $1 million in tax credits per year over 4 years. Company A is only able to use $500,000 in the first year of the credits, but is allowed to roll the unused $500,000 forward to future years. For the second tax year, Company A has a balance of $3.5 million in tax credits and is allowed to use a maximum of $1 million in tax credits that year, except that it transfers $1 million in credits to Company B and $1 million in credits to Company C. In the subsequent tax years, the total allowable credits are $1 million between the three companies. Assuming that beginning in Year 2, the three companies use the maximum annual credit allowed, the credits would be applied as follows: MAXIMUM ANNUAL COMPANY CREDIT BALANCE CREDIT ALLOWED Year 2 A $1,500,000 $ 333,334 ($500,000 carries forward to future years) B $1,000,000 333,333 C $1,000,000 333,333 $1,000,000 Year 3 A $1,166,666 $ 333,334 B $ 666,667 333,333 C $ 666,667 333,333 $1,000,000 Year 4 A $833,332 $ 333,332 B 333,334 333,334 C 333,334 333,334 $1,000,000 Year 5 A $500,000 $ 500,000 (unused balance from year 1) B 0 0 C 0 0 $ 500,000 Questions regarding submission of the Annual Notification of Credit Transfer or the Transfer Affidavit should be directed to: CAPCO PROGRAM ADMINISTRATOR Phone: .................................... (512) 463-4124 FAX: ........................................ (512) 463-4368 Email: ........ greg.scheirman@cpa.state.tx.us RETURN FORM TO: STATE COMPTROLLER 111 E. 17th Street Austin, TX 78774-0100 (800) 531-5441 ext 3-4124