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1040a 2012 Tax Return

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1040a 2012 Tax Return

1040a 2012 tax return 3. 1040a 2012 tax return   Abandonments Table of Contents You abandon property when you voluntarily and permanently give up possession and use of the property with the intention of ending your ownership but without passing it on to anyone else. 1040a 2012 tax return Whether an abandonment has occurred is determined in light of all the facts and circumstances. 1040a 2012 tax return You must both show an intention to abandon the property and affirmatively act to abandon the property. 1040a 2012 tax return A voluntary conveyance of the property in lieu of foreclosure is not an abandonment and is treated as the exchange of property to satisfy a debt. 1040a 2012 tax return For more information, see Sales and Exchanges in Publication 544. 1040a 2012 tax return The tax consequences of abandonment of property that secures a debt depend on whether you were personally liable for the debt (recourse debt) or were not personally liable for the debt (nonrecourse debt). 1040a 2012 tax return See Publication 544 if you abandoned property that did not secure debt. 1040a 2012 tax return This publication only discusses the tax consequences of abandoning property that secured a debt. 1040a 2012 tax return Abandonment of property securing recourse debt. 1040a 2012 tax return    In most cases, if you abandon property that secures debt for which you are personally liable (recourse debt), you do not have gain or loss until the later foreclosure is completed. 1040a 2012 tax return For details on figuring gain or loss on the foreclosure, see chapter 2. 1040a 2012 tax return Example 1—abandonment of personal-use property securing recourse debt. 1040a 2012 tax return In 2009, Anne purchased a home for $200,000. 1040a 2012 tax return She borrowed the entire purchase price, for which she was personally liable, and gave the bank a mortgage on the home. 1040a 2012 tax return In 2013, Anne lost her job and was unable to continue making her mortgage loan payments. 1040a 2012 tax return Because her mortgage loan balance was $185,000 and the FMV of her home was only $150,000, Anne decided to abandon her home by permanently moving out on August 1, 2013. 1040a 2012 tax return Because Anne was personally liable for the debt and the bank did not complete a foreclosure of the property in 2013, Anne has neither gain nor loss in tax year 2013 from abandoning the home. 1040a 2012 tax return If the bank sells the house at a foreclosure sale in 2014, Anne will have to figure her gain or nondeductible loss for tax year 2014 as discussed earlier in chapter 2. 1040a 2012 tax return Example 2—abandonment of business or investment property securing recourse debt. 1040a 2012 tax return In 2009, Sue purchased business property for $200,000. 1040a 2012 tax return She borrowed the entire purchase price, for which she was personally liable, and gave the lender a security interest in the property. 1040a 2012 tax return In 2013, Sue was unable to continue making her loan payments. 1040a 2012 tax return Because her loan balance was $185,000 and the FMV of the property was only $150,000, Sue abandoned the property on August 1, 2013. 1040a 2012 tax return Because Sue was personally liable for the debt and the lender did not complete a foreclosure of the property in 2013, Sue has neither gain nor loss in tax year 2013 from abandoning the property. 1040a 2012 tax return If the lender sells the property at a foreclosure sale in 2014, Sue will have to figure her gain or deductible loss for tax year 2014 as discussed earlier in chapter 2. 1040a 2012 tax return Abandonment of property securing nonrecourse debt. 1040a 2012 tax return    If you abandon property that secures debt for which you are not personally liable (nonrecourse debt), the abandonment is treated as a sale or exchange. 1040a 2012 tax return   The amount you realize on the abandonment of property that secured nonrecourse debt is the amount of the nonrecourse debt. 1040a 2012 tax return If the amount you realize is more than your adjusted basis, then you have a gain. 1040a 2012 tax return If your adjusted basis is more than the amount you realize, then you have a loss. 1040a 2012 tax return For more information on how to figure gain and loss, see Gain or Loss from Sales or Exchanges in Publication 544. 1040a 2012 tax return   Loss from abandonment of business or investment property is deductible as a loss. 1040a 2012 tax return The character of the loss depends on the character of the property. 1040a 2012 tax return The amount of deductible capital loss may be limited. 1040a 2012 tax return For more information, see Treatment of Capital Losses in Publication 544. 1040a 2012 tax return You cannot deduct any loss from abandonment of your home or other property held for personal use. 1040a 2012 tax return Example 1—abandonment of personal-use property securing nonrecourse debt. 1040a 2012 tax return In 2009, Timothy purchased a home for $200,000. 1040a 2012 tax return He borrowed the entire purchase price, for which he was not personally liable, and gave the bank a mortgage on the home. 1040a 2012 tax return In 2013, Timothy lost his job and was unable to continue making his mortgage loan payments. 1040a 2012 tax return Because his mortgage loan balance was $185,000 and the FMV of his home was only $150,000, Timothy decided to abandon his home by permanently moving out on August 1, 2013. 1040a 2012 tax return Because Timothy was not personally liable for the debt, the abandonment is treated as a sale or exchange of the home in tax year 2013. 1040a 2012 tax return Timothy's amount realized is $185,000 and his adjusted basis in the home is $200,000. 1040a 2012 tax return Timothy has a $15,000 nondeductible loss in tax year 2013. 1040a 2012 tax return (Had Timothy’s adjusted basis been less than the amount realized, Timothy would have had a gain that he would have to include in gross income. 1040a 2012 tax return ) The bank sells the house at a foreclosure sale in 2014. 1040a 2012 tax return Timothy has neither gain nor loss from the foreclosure sale. 1040a 2012 tax return Because he was not personally liable for the debt, he also has no cancellation of debt income. 1040a 2012 tax return Example 2—abandonment of business or investment property securing nonrecourse debt. 1040a 2012 tax return In 2009, Robert purchased business property for $200,000. 1040a 2012 tax return He borrowed the entire purchase price, for which he was not personally liable, and gave the lender a security interest in the property. 1040a 2012 tax return In 2013, Robert was unable to continue making his loan payments. 1040a 2012 tax return Because his loan balance was $185,000 and the FMV of the property was only $150,000, Robert decided to abandon the property on August 1, 2013. 1040a 2012 tax return Because Robert was not personally liable for the debt, the abandonment is treated as a sale or exchange of the property in tax year 2013. 1040a 2012 tax return Robert's amount realized is $185,000 and his adjusted basis in the property is $180,000 (as a result of $20,000 of depreciation deductions on the property). 1040a 2012 tax return Robert has a $5,000 gain in tax year 2013. 1040a 2012 tax return (Had Robert’s adjusted basis been greater than the amount realized, he would have had a deductible loss. 1040a 2012 tax return ) The lender sells the property at a foreclosure sale in 2014. 1040a 2012 tax return Robert has neither gain nor loss from the foreclosure sale. 1040a 2012 tax return Because he was not personally liable for the debt, he also has no cancellation of debt income. 1040a 2012 tax return Canceled debt. 1040a 2012 tax return    If the abandoned property secures a debt for which you are personally liable and the debt is canceled, you will realize ordinary income equal to the canceled debt. 1040a 2012 tax return This income is separate from any amount realized from abandonment of the property. 1040a 2012 tax return You must report this income on your return unless one of the exceptions or exclusions described in chapter 1 applies. 1040a 2012 tax return See chapter 1 for more details. 1040a 2012 tax return Forms 1099-A and 1099-C. 1040a 2012 tax return    In most cases, if you abandon real property (such as a home), intangible property, or tangible personal property held (wholly or partly) for use in a trade or business or for investment, that secures a loan and the lender knows the property has been abandoned, the lender should send you Form 1099-A showing information you need to figure your gain or loss from the abandonment. 1040a 2012 tax return Also, if your debt is canceled and the lender must file Form 1099-C, the lender can include the information about the abandonment on that form instead of on Form 1099-A. 1040a 2012 tax return The lender must file Form 1099-C and send you a copy if the amount of debt canceled is $600 or more and the lender is a financial institution, credit union, federal government agency, or any organization that has a significant trade or business of lending money. 1040a 2012 tax return For abandonments of property and debt cancellations occurring in 2013, these forms should be sent to you by January 31, 2014. 1040a 2012 tax return Prev  Up  Next   Home   More Online Publications

The 1040a 2012 Tax Return

1040a 2012 tax return 2. 1040a 2012 tax return   Fuel Tax Credits and Refunds Table of Contents Gasoline and Aviation Gasoline Undyed Diesel Fuel and Undyed Kerosene (Other Than Kerosene Used in Aviation)Sales by Registered Ultimate Vendors Diesel-Water Fuel Emulsion Kerosene for Use in AviationSales by Registered Ultimate Vendors Other Fuels (Including Alternative Fuels) Refunds of Second TaxOptional reporting. 1040a 2012 tax return Providing information. 1040a 2012 tax return Definitions of Nontaxable UsesCustom application of fertilizer and pesticide. 1040a 2012 tax return Fuel used between airfield and farm. 1040a 2012 tax return Fuel not used for farming. 1040a 2012 tax return Vehicles not considered highway vehicles. 1040a 2012 tax return Biodiesel or Renewable Diesel Mixture Credit, Alternative Fuel Credit, and Alternative Fuel Mixture CreditHow to Claim the Credit Filing Claims Claiming A Refund Claiming a Credit on Form 4136 Including the Credit or Refund in Income Federal excise taxes are imposed on certain fuels as discussed in chapter 1. 1040a 2012 tax return This chapter lists the nontaxable uses of each fuel and defines the nontaxable uses. 1040a 2012 tax return Information on the refund of second tax is included. 1040a 2012 tax return This chapter also explains credits and refunds for the biodiesel or renewable diesel mixture credits, and the alternative fuel mixture and alternative fuel credits. 1040a 2012 tax return Information on how to make a claim for credit or refund is included in this chapter and in the instructions for: Form 720, Form 4136, and Form 8849. 1040a 2012 tax return Exported taxable fuel. 1040a 2012 tax return   The claim rates for exported taxable fuel are listed on Schedule C (Form 720), Schedule 1 (Form 8849), and Form 4136. 1040a 2012 tax return Taxpayers making a claim for exported taxable fuel must include with their records proof of exportation. 1040a 2012 tax return Proof of exportation includes: A copy of the export bill of lading issued by the delivering carrier, A certificate by the agent or representative of the export carrier showing actual exportation of the fuel, A certificate of lading signed by a customs officer of the foreign country to which the fuel is exported, or A statement of the foreign consignee showing receipt of the fuel. 1040a 2012 tax return Gasoline and Aviation Gasoline Ultimate Purchasers. 1040a 2012 tax return   The following are the uses of gasoline (defined earlier) for which a credit or refund may be allowable to an ultimate purchaser. 1040a 2012 tax return On a farm for farming purposes (credit only). 1040a 2012 tax return Off-highway business use. 1040a 2012 tax return Export. 1040a 2012 tax return In a boat engaged in commercial fishing. 1040a 2012 tax return In certain intercity and local buses. 1040a 2012 tax return In a school bus. 1040a 2012 tax return Exclusive use by a qualified blood collector organization. 1040a 2012 tax return In a highway vehicle owned by the United States that is not used on a highway. 1040a 2012 tax return Exclusive use by a nonprofit educational organization (see Sales by registered ultimate vendors and Credit Card Purchases, later). 1040a 2012 tax return Exclusive use by a state, political subdivision of a state, or the District of Columbia (see Sales by registered ultimate vendors and Credit Card Purchases, later). 1040a 2012 tax return In an aircraft or vehicle owned by an aircraft museum. 1040a 2012 tax return   The following are the uses of aviation gasoline for which a credit or refund may be allowable to an ultimate purchaser. 1040a 2012 tax return On a farm for farming purposes (credit only). 1040a 2012 tax return Export. 1040a 2012 tax return In foreign trade. 1040a 2012 tax return Certain helicopter and fixed-wing air ambulance uses. 1040a 2012 tax return In commercial aviation (other than foreign trade). 1040a 2012 tax return Exclusive use by a qualified blood collector organization. 1040a 2012 tax return Exclusive use by a nonprofit education organization (see Sales by registered ultimate vendors and Credit card purchases, later). 1040a 2012 tax return Exclusive use by a state, political subdivision of a state, or the District of Columbia (see Sales by registered ultimate vendors and Credit and purchases, later). 1040a 2012 tax return In an aircraft owned by an aircraft museum. 1040a 2012 tax return In military aircraft. 1040a 2012 tax return Claims by persons who paid the tax to the government. 1040a 2012 tax return   Except for sales to nonprofit educational organizations and states and local governments, a credit or refund is allowable to the person that paid the tax to the government if the gasoline was sold to the ultimate purchaser (including an exporter) by either that person or by a retailer and the fuel was exported; used or sold for use as supplies for vessels or aircraft, including military aircraft, commercial fishing, and foreign trade; sold to a qualified blood collector organization; or used or sold for use in the production of Other Fuels. 1040a 2012 tax return See Filing Claims, later. 1040a 2012 tax return Sales by registered ultimate vendors. 1040a 2012 tax return   This is an ultimate vendor that sells gasoline or aviation gasoline to any of the following and that is purchased without the use of a credit card. 1040a 2012 tax return A state or local government for its exclusive use (including essential government use by an Indian tribal government). 1040a 2012 tax return A nonprofit educational organization for its exclusive use. 1040a 2012 tax return   The registered ultimate vendor may make the claim if the ultimate purchaser did not use a credit card and waives its right to the credit or refund by providing the registered ultimate vendor with a certificate. 1040a 2012 tax return A sample certificate is included as Model Certificate M in the Appendix. 1040a 2012 tax return The registered ultimate vendor must have the certificate at the time the credit or refund is claimed. 1040a 2012 tax return   The ultimate vendor must be registered by the IRS. 1040a 2012 tax return See Registration Requirements, earlier. 1040a 2012 tax return Credit card purchases. 1040a 2012 tax return   If gasoline and aviation gasoline are purchased with a credit card issued to a state or local government for its exclusive use (including essential government use by an Indian tribal government), or a nonprofit educational organization for its exclusive use, the person who extended credit to the ultimate purchaser (the credit card issuer) is treated as the person that paid the tax and makes the claim if the credit card issuer: Is registered by the IRS, Has established that the amount of tax has not been collected from the person who purchased the gasoline or has obtained written consent from the ultimate purchaser to the allowance of the credit or refund, and Has repaid or agreed to repay the amount of the tax to the ultimate vendor, has obtained the written consent of the ultimate vendor to the allowance of the credit or refund, or has made arrangements that provide the ultimate vendor with reimbursement of the tax. 1040a 2012 tax return   If the requirements above are not met by the credit card issuer, the credit card issuer must collect the tax from the ultimate purchaser and only the ultimate purchaser may make the claim. 1040a 2012 tax return How to make the claim. 1040a 2012 tax return   If the claim is made by the credit card issuer, see Schedule C  (Form 720) or Schedule 8 (Form 8849). 1040a 2012 tax return Undyed Diesel Fuel and Undyed Kerosene (Other Than Kerosene Used in Aviation) For conditions to an allowance of a credit or refund on exported dyed diesel fuel and dyed kerosene, see Exported taxable fuel, earlier. 1040a 2012 tax return Ultimate purchasers. 1040a 2012 tax return   The following are nontaxable uses of diesel fuel and kerosene (defined earlier) for which a credit or refund may be allowable to an ultimate purchaser. 1040a 2012 tax return On a farm for farming purposes. 1040a 2012 tax return Off-highway business use. 1040a 2012 tax return Export. 1040a 2012 tax return In a qualified local bus. 1040a 2012 tax return In a school bus. 1040a 2012 tax return Other than as a fuel in a propulsion engine of a diesel-powered highway vehicle (such as home heating oil). 1040a 2012 tax return Exclusive use by a qualified blood collector organization. 1040a 2012 tax return In a highway vehicle owned by the United States that is not used on a highway. 1040a 2012 tax return Exclusive use by a nonprofit educational organization (see Sales by Registered Ultimate Vendors and Credit Card Purchases, later). 1040a 2012 tax return Exclusive use by a state, political subdivision of a state, or the District of Columbia (see Sales by Registered Ultimate Vendors and Credit Card Purchases, later). 1040a 2012 tax return In a vehicle owned by an aircraft museum. 1040a 2012 tax return As a fuel in a propulsion engine of a diesel-powered train. 1040a 2012 tax return Sales by Registered Ultimate Vendors The following are the sales for which a credit or refund may be allowable to the registered ultimate vendor only. 1040a 2012 tax return Undyed diesel fuel or undyed kerosene sold for the exclusive use by a state or local government (if credit card rules (defined later) do not apply), Undyed kerosene sold from a blocked pump (defined below), or Undyed diesel fuel or undyed kerosene used in certain intercity and local buses, only if the ultimate purchaser waives its right to the credit or refund by providing the registered ultimate vendor with a waiver. 1040a 2012 tax return Registered ultimate vendor (state use). 1040a 2012 tax return   This is a person that sells undyed diesel fuel or undyed kerosene to a state or local government for its exclusive use (including essential government use by an Indian tribal government). 1040a 2012 tax return The diesel fuel or kerosene must be purchased by the state without the use of a credit card, issued to the state by the credit card issuer, in order for the ultimate vendor to make the claim. 1040a 2012 tax return The ultimate vendor must be registered by the IRS. 1040a 2012 tax return See Registration Requirements, earlier. 1040a 2012 tax return Registered ultimate vendor (blocked pump). 1040a 2012 tax return   This is an ultimate vendor that sells undyed kerosene from a blocked pump. 1040a 2012 tax return   A credit or refund may be allowable to a registered ultimate vendor (blocked pump) if the vendor sold to a buyer undyed kerosene from a blocked pump for use other than as a fuel in a diesel-powered highway vehicle and the vendor had no reason to believe the kerosene would not be used in that manner. 1040a 2012 tax return Blocked pump. 1040a 2012 tax return   A blocked pump is a fuel pump that meets all the following requirements. 1040a 2012 tax return It is used to make retail sales of undyed kerosene for use by the buyer in any nontaxable use. 1040a 2012 tax return It is at a fixed location. 1040a 2012 tax return It is identified with a legible and conspicuous notice stating, “UNDYED UNTAXED KEROSENE, NONTAXABLE USE ONLY. 1040a 2012 tax return ” It meets either of the following conditions. 1040a 2012 tax return It cannot reasonably be used to dispense fuel directly into the fuel supply tank of a diesel-powered highway vehicle or train. 1040a 2012 tax return It is locked by the vendor after each sale and unlocked by the vendor only in response to a buyer's request for undyed kerosene for use other than as a fuel in a diesel-powered highway vehicle or train. 1040a 2012 tax return Registered ultimate vendor (certain intercity and local buses). 1040a 2012 tax return   This is an ultimate vendor that sells undyed diesel fuel or undyed kerosene to the ultimate purchaser for use in certain intercity and local buses. 1040a 2012 tax return   The registered ultimate vendor may make the claim if the ultimate purchaser waives its right to the credit or refund by providing the registered ultimate vendor with a waiver. 1040a 2012 tax return A sample waiver is included as Model Waiver N in the Appendix. 1040a 2012 tax return The registered ultimate vendor must have the waiver at the time the credit or payment is claimed. 1040a 2012 tax return Credit Card Purchases. 1040a 2012 tax return   If undyed diesel fuel or kerosene is purchased with a credit card issued to a state, the person who extended credit to the state (the credit card issuer) is treated as the person that paid the tax and makes the claim if the credit card issuer: Is registered by the IRS, Has established that the amount of tax has not been collected from the person who purchased the diesel fuel or kerosene, or has obtained written consent from the ultimate purchaser to the allowance of the credit or refund, and Has repaid or agreed to repay the amount of the tax to the ultimate vendor, has obtained the written consent of the ultimate vendor to the allowance of the credit or refund, or has made arrangements that provide the ultimate vendor with reimbursement of the tax. 1040a 2012 tax return   If the requirements above are not met by the credit card issuer, the credit card issuer must collect the tax from the ultimate purchaser and only the ultimate purchaser may make the claim. 1040a 2012 tax return Diesel-Water Fuel Emulsion A claim for credit or refund may be made for the nontaxable use of a diesel-water fuel emulsion and for undyed diesel fuel used to produce a diesel-water fuel emulsion. 1040a 2012 tax return The claim rate for nontaxable use of a diesel-water fuel emulsion taxed at $. 1040a 2012 tax return 198 per gallon is $. 1040a 2012 tax return 197 (if exported, the claim rate is $. 1040a 2012 tax return 198). 1040a 2012 tax return The following are the nontaxable uses for a diesel-water fuel emulsion for which a credit or refund may be allowable to an ultimate purchaser. 1040a 2012 tax return On a farm for farming purposes. 1040a 2012 tax return Off-highway business use. 1040a 2012 tax return Export. 1040a 2012 tax return In a qualified local bus. 1040a 2012 tax return In a school bus. 1040a 2012 tax return Other than as fuel in the propulsion engine of a train or diesel-powered highway vehicle (but not off-highway use). 1040a 2012 tax return Exclusive use by a qualified blood collector organization. 1040a 2012 tax return In a highway vehicle owned by the United States that is not used on a highway. 1040a 2012 tax return Exclusive use by a nonprofit educational organization. 1040a 2012 tax return Exclusive use by a state, political subdivision of a state, or the District of Columbia. 1040a 2012 tax return In an aircraft or vehicle owned by an aircraft museum. 1040a 2012 tax return Blender claims. 1040a 2012 tax return   The claim rate for undyed diesel fuel taxed at $. 1040a 2012 tax return 244 and used to produce a diesel-water fuel emulsion is $. 1040a 2012 tax return 046 per gallon of diesel fuel so used. 1040a 2012 tax return The blender must be registered by the IRS in order to make the claim. 1040a 2012 tax return The blender must attach a statement to the claim certifying that: The diesel-water fuel emulsion contains at least 14% water, The emulsion additive is registered by a United States manufacturer with the EPA under section 211 of the Clean Air Act as in effect on March 31, 2003, Undyed diesel fuel taxed at $. 1040a 2012 tax return 244 was used to produce the diesel-water fuel emulsion, and The diesel-water fuel emulsion was used or sold for use in the blender's trade or business. 1040a 2012 tax return Kerosene for Use in Aviation Ultimate purchasers. 1040a 2012 tax return   Ultimate purchasers of kerosene used in certain aviation uses may make a claim if the rate of tax on their use is less than the rate of tax that was charged on the kerosene. 1040a 2012 tax return   The ultimate purchaser of the kerosene used in commercial aviation (other than foreign trade) and noncommercial aviation (other than nonexempt, noncommercial aviation and exclusive use by a state, political subdivision of a state, or the District of Columbia) is eligible to make a claim if the ultimate purchaser certifies that the right to make the claim has not been waived. 1040a 2012 tax return Generally, the ultimate purchaser is the aircraft operator. 1040a 2012 tax return   The following are the nontaxable uses of kerosene used in noncommercial aviation for which a credit or refund may be allowable to the ultimate purchaser. 1040a 2012 tax return On a farm for farming purposes. 1040a 2012 tax return Certain helicopter and fixed-wing aircraft uses. 1040a 2012 tax return Exclusive use by a qualified blood collector organization. 1040a 2012 tax return Exclusive use by a nonprofit educational organization. 1040a 2012 tax return In an aircraft owned by an aircraft museum. 1040a 2012 tax return In military aircraft. 1040a 2012 tax return Kerosene for use partly in commercial aviation and partly in nonexempt, noncommercial aviation. 1040a 2012 tax return   If the fuel is used partly for use in commercial aviation and partly for use in nonexempt, noncommercial aviation, the operator may identify, either at the time of purchase or after the kerosene has been used, the amount that will be (or has been) used in commercial aviation. 1040a 2012 tax return At the same time, the operator would either make the claim or waive the right to make the claim for credit or refund of the kerosene for use in commercial and nonexempt, noncommercial aviation. 1040a 2012 tax return   If the operator does not identify the amount of kerosene that will be (or has been) used in commercial aviation, the operator may provide a certificate to the ultimate vendor similar to Model Certificate Q in the Appendix. 1040a 2012 tax return For kerosene purchased with the certificate, used in commercial aviation, and taxed at $. 1040a 2012 tax return 244 per gallon, use of the certificate will be treated as a waiver of the right to claim a credit or refund for the $. 1040a 2012 tax return 025 per gallon part of the tax. 1040a 2012 tax return The ultimate vendor may make this claim. 1040a 2012 tax return The operator may make a claim for the $. 1040a 2012 tax return 175 tax per gallon of the kerosene, but cannot waive the right to make the claim for the $. 1040a 2012 tax return 175 tax per gallon. 1040a 2012 tax return Sales by Registered Ultimate Vendors Kerosene for use in commercial aviation or noncommercial aviation. 1040a 2012 tax return   The registered ultimate vendor of kerosene for use in commercial aviation (other than foreign trade) or noncommercial aviation (other than nonexempt, noncommercial aviation and exclusive use by a state, political subdivision of a state, or the District of Columbia) may make this claim if the ultimate purchaser waives its right to the credit or payment by providing the registered ultimate vendor with a waiver. 1040a 2012 tax return A sample waiver is included as Model Waiver L in the Appendix. 1040a 2012 tax return The registered ultimate vendor must have the waiver at the time the credit or payment is claimed. 1040a 2012 tax return   Noncommercial aviation means any use of an aircraft not described as commercial aviation. 1040a 2012 tax return For the definition of commercial aviation, see Commercial aviation on page 11. 1040a 2012 tax return Kerosene for use in nonexempt, noncommercial aviation. 1040a 2012 tax return   Only the registered ultimate vendor may claim a credit or payment for sales of kerosene for use in nonexempt, noncommercial aviation. 1040a 2012 tax return The ultimate vendor must be registered by the IRS (activity letter UA) and have the required certificate from the ultimate purchaser. 1040a 2012 tax return A sample certificate is included as Model Certificate Q in the Appendix. 1040a 2012 tax return The registered ultimate vendor must have the certificate at the time the credit or payment is claimed. 1040a 2012 tax return Kerosene for use in aviation by a state or local government. 1040a 2012 tax return   Only the registered ultimate vendor may claim a credit or payment for sales of kerosene for use in aviation to a state or local government for its exclusive use (including essential government use by an Indian tribal government). 1040a 2012 tax return The kerosene for use in aviation must be purchased by the state without the use of a credit card in order for the ultimate vendor to make the claim. 1040a 2012 tax return The ultimate vendor must be registered by the IRS (activity letter UV) and have the required certificate from the ultimate purchaser. 1040a 2012 tax return A sample certificate is included as Model Certificate P in the Appendix. 1040a 2012 tax return The registered ultimate vendor must have the certificate at the time the credit or payment is claimed. 1040a 2012 tax return Credit card purchases. 1040a 2012 tax return   If taxed kerosene for use in aviation is purchased with a credit card issued to a state, the person who extended credit to the state (the credit card issuer) is treated as the person that paid the tax and makes the claim if the credit card issuer: Is registered by the IRS, Has established that the amount of tax has not been collected from the person who purchased the kerosene, or has obtained written consent from the ultimate purchaser to the allowance of the credit or refund, and Has repaid or agreed to repay the amount of the tax to the ultimate vendor, has obtained the written consent of the ultimate vendor to the allowance of the credit or refund, or has made arrangements that provide the ultimate vendor with reimbursement of the tax. 1040a 2012 tax return   If the requirements above are not met by the credit card issuer, the credit card issuer must collect the tax from the ultimate purchaser and only the ultimate purchaser may make the claim. 1040a 2012 tax return Other Fuels (Including Alternative Fuels) Credit or refund for nontaxable use of taxed Other Fuels may be allowable to an ultimate purchaser. 1040a 2012 tax return While tax is generally imposed on delivery, Other Fuels are taxed prior to delivery in the case of certain bulk sales described in chapter 1. 1040a 2012 tax return The following are the nontaxable uses of Other Fuels for which a credit or refund may be allowable to the ultimate purchaser. 1040a 2012 tax return On a farm for farming purposes. 1040a 2012 tax return Off-highway business use. 1040a 2012 tax return In a boat engaged in commercial fishing. 1040a 2012 tax return In certain intercity and local buses. 1040a 2012 tax return In a school bus. 1040a 2012 tax return In a qualified local bus. 1040a 2012 tax return Exclusive use by a qualified blood collector organization. 1040a 2012 tax return Exclusive use by a nonprofit educational organization. 1040a 2012 tax return Exclusive use by a state, political subdivision of a state, or the District of Columbia. 1040a 2012 tax return In an aircraft or vehicle owned by an aircraft museum. 1040a 2012 tax return Use in any boat operated by the United States for its exclusive use or any vessel of war of any foreign nation. 1040a 2012 tax return See Biodiesel or Renewable Diesel Mixture Credit, Alternative Fuel Credit, and Alternative Fuel Mixture Credit, later. 1040a 2012 tax return Refunds of Second Tax The tax on dyed diesel fuel for inland waterways fuel use applies at the rate listed on Form 720. 1040a 2012 tax return This is in addition to all other taxes imposed on the sale or use of the fuel. 1040a 2012 tax return The section 4081(e) refund (discussed below) cannot be claimed. 1040a 2012 tax return If the tax is paid and reported to the government on more than one taxable event for a taxable fuel under section 4081, the person paying the “second tax” may claim a refund (without interest) of that tax if certain conditions and reporting requirements are met. 1040a 2012 tax return No credit against any tax is allowed for this tax. 1040a 2012 tax return For information about taxable events, see the discussions under Gasoline, Diesel Fuel and Kerosene and Kerosene for Use in Aviation in chapter 1. 1040a 2012 tax return Conditions to allowance of refund. 1040a 2012 tax return   A claim for refund of the tax is allowed only if all the following conditions are met. 1040a 2012 tax return A tax on the fuel was paid to the government and not credited or refunded (the “first tax”). 1040a 2012 tax return After the first tax was imposed, another tax was imposed on the same fuel and was paid to the government (the “second tax”). 1040a 2012 tax return The person that paid the second tax filed a timely claim for refund containing the information required (see Refund claim, later). 1040a 2012 tax return The person that paid the first tax has met the reporting requirements, discussed next. 1040a 2012 tax return Reporting requirements. 1040a 2012 tax return   Generally, the person that paid the first tax must file a “First Taxpayer's Report” with its Form 720 for the quarter to which the report relates. 1040a 2012 tax return A model first taxpayer's report is shown in the Appendix as Model Certificate B. 1040a 2012 tax return The report must contain all information needed to complete the model. 1040a 2012 tax return   By the due date for filing the Form 720, you must also send a separate copy of the report to the following address. 1040a 2012 tax return Department of the Treasury Internal Revenue Service  Cincinnati, OH 45999-0555 Write “EXCISE – FIRST TAXPAYER'S REPORT” across the top of that copy. 1040a 2012 tax return Optional reporting. 1040a 2012 tax return   A first taxpayer's report is not required for the tax imposed on: Removal at a terminal rack, Nonbulk entries into the United States, and Removals or sales by blenders. 1040a 2012 tax return However, if the person liable for the tax expects that another tax will be imposed on that fuel, that person should (but is not required to) file a first taxpayer's report. 1040a 2012 tax return Providing information. 1040a 2012 tax return   The first taxpayer must give a copy of the report to the buyer of the fuel within the bulk transfer/terminal system or to the owner of the fuel immediately before the first tax was imposed, if the first taxpayer is not the owner at that time. 1040a 2012 tax return If an optional report is filed, a copy should (but is not required to) be given to the buyer or owner. 1040a 2012 tax return   A person that receives a copy of the first taxpayer's report and later sells the fuel within the bulk transfer/terminal system must give the copy and a “Statement of Subsequent Seller” to the buyer. 1040a 2012 tax return If the later sale is outside the bulk transfer/terminal system and that person expects that another tax will be imposed, that person should (but is not required to) give the copy and the statement to the buyer. 1040a 2012 tax return A model statement of subsequent seller is shown in the Appendix as Model Certificate A. 1040a 2012 tax return The statement must contain all information necessary to complete the model. 1040a 2012 tax return   If the first taxpayer's report relates to fuel sold to more than one buyer, copies of that report must be made when the fuel is divided. 1040a 2012 tax return Each buyer must be given a copy of the report. 1040a 2012 tax return Refund claim. 1040a 2012 tax return   You must have filed Form 720 and paid the second tax before you file for a refund of that tax. 1040a 2012 tax return You must make your claim for refund on Form 8849. 1040a 2012 tax return Complete Schedule 5 (Form 8849) and attach it to your Form 8849. 1040a 2012 tax return Do not include this claim with a claim under another tax provision. 1040a 2012 tax return You must not have included the second tax in the price of the fuel and must not have collected it from the purchaser. 1040a 2012 tax return You must submit the following information with your claim. 1040a 2012 tax return A copy of the first taxpayer's report (discussed earlier). 1040a 2012 tax return A copy of the statement of subsequent seller if the fuel was bought from someone other than the first taxpayer. 1040a 2012 tax return Definitions of Nontaxable Uses This section provides definitions of the terms used in Table 2-1 for nontaxable uses. 1040a 2012 tax return If applicable, the type of use number from Table 2-1 is indicated in each heading. 1040a 2012 tax return Type of use table. 1040a 2012 tax return   The first column of the table is the number you enter on Form 4136, Form 8849, or Schedule C (Form 720) for that type of use. 1040a 2012 tax return For type of use 2, the mobile machinery parenthetical applies only to Form 8849 and Form 720. 1040a 2012 tax return Table 2-1. 1040a 2012 tax return Type of Use Table No. 1040a 2012 tax return Type of Use 1 On a farm for farming purposes 2 Off-highway business use (for business use other than in a highway vehicle registered or required to be registered for highway use) (other than use in mobile machinery) 3 Export 4 In a boat engaged in commercial fishing 5 In certain intercity and local buses 6 In a qualified local bus 7 In a bus transporting students and employees of schools (school buses) 8 For diesel fuel and kerosene (other than kerosene used in aviation) used other than as a fuel in the propulsion engine of a train or diesel-powered highway vehicle (but not off-highway business use) 9 In foreign trade 10 Certain helicopter and fixed-wing aircraft uses 11 Exclusive use by a qualified blood collector organization 12 In a highway vehicle owned by the United States that is not used on a highway 13 Exclusive use by a nonprofit educational organization 14 Exclusive use by a state, political subdivision of a state, or the District of Columbia 15 In an aircraft or vehicle owned by an aircraft museum 16 In military aircraft On a farm for farming purposes (No. 1040a 2012 tax return 1). 1040a 2012 tax return   On a farm for farming purposes means fuel used in carrying on a trade or business of farming, on a farm in the United States, and for farming purposes. 1040a 2012 tax return Farm. 1040a 2012 tax return   A farm includes livestock, dairy, fish, poultry, fruit, fur-bearing animals, and truck farms; orchards; plantations; ranches; nurseries; ranges; and feed yards for fattening cattle. 1040a 2012 tax return It also includes structures such as greenhouses used primarily for the raising of agricultural or horticultural commodities. 1040a 2012 tax return A fish farm is an area where fish are grown or raised — not merely caught or harvested. 1040a 2012 tax return Farming purposes. 1040a 2012 tax return   As an owner, tenant, or operator, you use fuel on a farm for farming purposes if you use it in any of the following ways. 1040a 2012 tax return To cultivate the soil or to raise or harvest any agricultural or horticultural commodity. 1040a 2012 tax return To raise, shear, feed, care for, train, or manage livestock, bees, poultry, fur-bearing animals, or wildlife. 1040a 2012 tax return To operate, manage, conserve, improve, or maintain your farm and its tools and equipment. 1040a 2012 tax return To handle, dry, pack, grade, or store any raw agricultural or horticultural commodity. 1040a 2012 tax return For this use to qualify, you must have produced more than half the commodity so treated during the tax year. 1040a 2012 tax return Commodity means a single raw product. 1040a 2012 tax return For example, apples and peaches are two separate commodities. 1040a 2012 tax return To plant, cultivate, care for, or cut trees or to prepare (other than sawing logs into lumber, chipping, or other milling) trees for market, but only if the planting, etc. 1040a 2012 tax return , is incidental to your farming operations. 1040a 2012 tax return Your tree operations will be incidental only if they are minor in nature when compared to the total farming operations. 1040a 2012 tax return   If any other person, such as a neighbor or custom operator, performs a service for you on your farm for any of the purposes listed in (1) or (2), you are considered to be the ultimate purchaser that used the fuel on a farm for farming purposes. 1040a 2012 tax return However, see Custom application of fertilizer and pesticide, next. 1040a 2012 tax return   If doubt exists whether the owner, the tenant, or the operator of the farm bought the fuel, determine who bore the cost of the fuel. 1040a 2012 tax return For example, if the owner of a farm and the tenant equally share the cost of gasoline that is used on a farm for farming purposes, each can claim a credit for the tax on one-half the fuel used. 1040a 2012 tax return Custom application of fertilizer and pesticide. 1040a 2012 tax return   Fuel used on a farm for farming purposes includes fuel used in the application of fertilizer, pesticides, or other substances, including aerial applications. 1040a 2012 tax return Generally, the applicator is treated as having used the fuel on a farm for farming purposes. 1040a 2012 tax return For aviation gasoline, the aerial applicator makes the claim as the ultimate purchaser. 1040a 2012 tax return For kerosene used in aviation, the ultimate purchaser may make the claim or waive their right to make the claim to the registered ultimate vendor. 1040a 2012 tax return Fuel used between airfield and farm. 1040a 2012 tax return   Fuel used by an aerial applicator for the direct flight between the airfield and one or more farms is treated as a farming purpose. 1040a 2012 tax return Fuel not used for farming. 1040a 2012 tax return   Fuel is not used on a farm for farming purposes if it is used in any of the following ways. 1040a 2012 tax return Off the farm, such as on the highway or in noncommercial aviation, other than fuel used between the airfield and farm described above, even if the fuel is used in transporting livestock, feed, crops, or equipment. 1040a 2012 tax return For personal use, such as mowing the lawn. 1040a 2012 tax return In processing, packaging, freezing, or canning operations. 1040a 2012 tax return In processing crude gum into gum spirits of turpentine or gum resin or in processing maple sap into maple syrup or maple sugar. 1040a 2012 tax return Off-highway business use (No. 1040a 2012 tax return 2). 1040a 2012 tax return   Off-highway business use means fuel used in a trade or business or in an income-producing activity other than as a fuel in a highway vehicle registered or required to be registered for use on public highways. 1040a 2012 tax return The terms “highway vehicle,” “public highway,” and “registered” are defined below. 1040a 2012 tax return Do not consider any use in a boat as an off-highway business use. 1040a 2012 tax return   Off-highway business use includes fuels used in any of the following ways. 1040a 2012 tax return In stationary machines such as generators, compressors, power saws, and similar equipment. 1040a 2012 tax return For cleaning purposes. 1040a 2012 tax return In forklift trucks, bulldozers, and earthmovers. 1040a 2012 tax return   Generally, this use does not include nonbusiness use of fuel, such as use by minibikes, snowmobiles, power lawn mowers, chain saws, and other yard equipment. 1040a 2012 tax return Example. 1040a 2012 tax return Caroline owns a landscaping business. 1040a 2012 tax return She uses power lawn mowers and chain saws in her business. 1040a 2012 tax return The gasoline used in the power lawn mowers and chain saws qualifies as fuel used in an off-highway business use. 1040a 2012 tax return The gasoline used in her personal lawn mower at home does not qualify. 1040a 2012 tax return Highway vehicle. 1040a 2012 tax return   A highway vehicle is any self-propelled vehicle designed to carry a load over public highways, whether or not it is also designed to perform other functions. 1040a 2012 tax return Examples of vehicles designed to carry a load over public highways are passenger automobiles, motorcycles, buses, and highway-type trucks and truck tractors. 1040a 2012 tax return A vehicle is a highway vehicle even though the vehicle's design allows it to perform a highway transportation function for only one of the following. 1040a 2012 tax return A particular type of load, such as passengers, furnishings, and personal effects (as in a house, office, or utility trailer). 1040a 2012 tax return A special kind of cargo, goods, supplies, or materials. 1040a 2012 tax return Some off-highway task unrelated to highway transportation, except as discussed next. 1040a 2012 tax return Vehicles not considered highway vehicles. 1040a 2012 tax return   Generally, the following kinds of vehicles are not considered highway vehicles for purposes of the credit or refund of fuel taxes. 1040a 2012 tax return Specially designed mobile machinery for nontransportation functions. 1040a 2012 tax return A self-propelled vehicle is not a highway vehicle if all the following apply. 1040a 2012 tax return The chassis has permanently mounted to it machinery or equipment used to perform certain operations (construction, manufacturing, drilling, mining, timbering, processing, farming, or similar operations) if the operation of the machinery or equipment is unrelated to transportation on or off the public highways. 1040a 2012 tax return The chassis has been specially designed to serve only as a mobile carriage and mount (and power source, if applicable) for the machinery or equipment, whether or not the machinery or equipment is in operation. 1040a 2012 tax return The chassis could not, because of its special design and without substantial structural modification, be used as part of a vehicle designed to carry any other load. 1040a 2012 tax return The vehicle must have traveled less than 7,500 miles on public highways during the taxable year. 1040a 2012 tax return Vehicles specially designed for off-highway transportation. 1040a 2012 tax return A vehicle is not treated as a highway vehicle if the vehicle is specially designed for the primary function of transporting a particular type of load other than over the public highway and because of this special design, the vehicle's capability to transport a load over a public highway is substantially limited or impaired. 1040a 2012 tax return To make this determination, you can take into account the vehicle's size, whether the vehicle is subject to licensing, safety, or other requirements, and whether the vehicle can transport a load at a sustained speed of at least 25 miles per hour. 1040a 2012 tax return It does not matter that the vehicle can carry heavier loads off highway than it is allowed to carry over the highway. 1040a 2012 tax return Nontransportation trailers and semitrailers. 1040a 2012 tax return A trailer or semi-trailer is not treated as a highway vehicle if it is specially designed to function only as an enclosed stationary shelter for carrying on a nontransportation function at an off-highway site. 1040a 2012 tax return For example, a trailer that is capable only of functioning as an office for an off-highway construction operation is not a highway vehicle. 1040a 2012 tax return Public highway. 1040a 2012 tax return   A public highway includes any road in the United States that is not a private roadway. 1040a 2012 tax return This includes federal, state, county, and city roads and streets. 1040a 2012 tax return Registered. 1040a 2012 tax return   A vehicle is considered registered when it is registered or required to be registered for highway use under the law of any state, the District of Columbia, or any foreign country in which it is operated or situated. 1040a 2012 tax return Any highway vehicle operated under a dealer's tag, license, or permit is considered registered. 1040a 2012 tax return A highway vehicle is not considered registered solely because a special permit allows the vehicle to be operated at particular times and under specified conditions. 1040a 2012 tax return Dual use of propulsion motor. 1040a 2012 tax return   Off-highway business use does not include any fuel used in the propulsion motor of a registered highway vehicle even though that motor also operates special equipment by means of a power take-off or power transfer. 1040a 2012 tax return It does not matter if the special equipment is mounted on the vehicle. 1040a 2012 tax return Example. 1040a 2012 tax return The motor of a registered concrete-mixer truck operates both the engine and the mixing unit by means of a power take-off. 1040a 2012 tax return The fuel used in the motor to run the mixer is not off-highway business use. 1040a 2012 tax return Use in separate motor. 1040a 2012 tax return   Off-highway business use includes fuel used in a separate motor to operate special equipment, such as a refrigeration unit, pump, generator, or mixing unit. 1040a 2012 tax return If you draw fuel from the same tank that supplies fuel to the propulsion motor, you must figure the quantity used in the separate motor operating the special equipment. 1040a 2012 tax return You may make a reasonable estimate based on your operating experience and supported by your records. 1040a 2012 tax return   You can use devices that measure the miles the vehicle has traveled (such as hubometers) to figure the gallons of fuel used to propel the vehicle. 1040a 2012 tax return Add to this amount the fuel consumed while idling or warming up the motor before propelling the vehicle. 1040a 2012 tax return The difference between your total fuel used and the fuel used to propel the vehicle is the fuel used in the separate motor. 1040a 2012 tax return Example. 1040a 2012 tax return Hazel owns a refrigerated truck. 1040a 2012 tax return It has a separate motor for the refrigeration unit. 1040a 2012 tax return The same tank supplies both motors. 1040a 2012 tax return Using the truck's hubometer, Hazel figures that 90% of the fuel was used to propel the truck. 1040a 2012 tax return Therefore, 10% of the fuel is used in an off-highway business use. 1040a 2012 tax return Fuel lost or destroyed. 1040a 2012 tax return   You cannot treat fuel lost or destroyed through spillage, fire, or other casualty as fuel used in an off-highway business use. 1040a 2012 tax return Export (No. 1040a 2012 tax return 3). 1040a 2012 tax return   Export means fuel transported from the United States with the intention that the fuel remain in a foreign country or possession of the United States. 1040a 2012 tax return Fuel is not exported if it is in the fuel supply tank of a vehicle or aircraft. 1040a 2012 tax return In a boat engaged in commercial fishing (No. 1040a 2012 tax return 4). 1040a 2012 tax return   In a boat engaged in commercial fishing means fuel used in taking, catching, processing, or transporting fish, shellfish, or other aquatic life for commercial purposes, such as selling or processing the catch, on a specific trip basis. 1040a 2012 tax return They include boats used in both fresh and salt water fishing. 1040a 2012 tax return They do not include boats used for both sport fishing and commercial fishing on the same trip. 1040a 2012 tax return In certain intercity and local buses (No. 1040a 2012 tax return 5). 1040a 2012 tax return   In certain intercity and local buses means fuel used in a bus engaged in furnishing (for compensation) passenger land transportation available to the general public. 1040a 2012 tax return The bus must be engaged in one of the following activities. 1040a 2012 tax return Scheduled transportation along regular routes. 1040a 2012 tax return Nonscheduled operations if the seating capacity of the bus is at least 20 adults, not including the driver. 1040a 2012 tax return Vans and similar vehicles used for van-pooling or taxi service do not qualify. 1040a 2012 tax return Available to the general public. 1040a 2012 tax return   This means you offer service to more than a limited number of persons or organizations. 1040a 2012 tax return If a bus operator normally provides charter operations through travel agencies but has buses available for chartering by the general public, this service is available to the general public. 1040a 2012 tax return A bus does not qualify when its operator uses it to provide exclusive services to only one person, group, or organization. 1040a 2012 tax return Also, intercity bus transportation does not include transporting students and employees of schools or intercity transportation in a qualified local bus. 1040a 2012 tax return In a qualified local bus (No. 1040a 2012 tax return 6). 1040a 2012 tax return   In a qualified local bus means fuel used in a bus meeting all the following requirements. 1040a 2012 tax return It is engaged in furnishing (for compensation) intracity passenger land transportation available to the general public. 1040a 2012 tax return It operates along scheduled, regular routes. 1040a 2012 tax return It has a seating capacity of at least 20 adults (excluding the driver). 1040a 2012 tax return It is under contract with (or is receiving more than a nominal subsidy from) any state or local government to furnish the transportation. 1040a 2012 tax return Intracity passenger land transportation. 1040a 2012 tax return   This is the land transportation of passengers between points located within the same metropolitan area. 1040a 2012 tax return It includes transportation along routes that cross state, city, or county boundaries if the routes remain within the metropolitan area. 1040a 2012 tax return Under contract. 1040a 2012 tax return   A bus is under contract with a state or local government only if the contract imposes a bona fide obligation on the bus operator to furnish the transportation. 1040a 2012 tax return More than a nominal subsidy. 1040a 2012 tax return   A subsidy is more than nominal if it is reasonably expected to exceed an amount equal to 3 cents multiplied by the number of gallons of fuel used in buses on subsidized routes. 1040a 2012 tax return A company that operates its buses along subsidized and unsubsidized intracity routes may consider its buses qualified local buses only when the buses are used on the subsidized intracity routes. 1040a 2012 tax return In a school bus (No. 1040a 2012 tax return 7). 1040a 2012 tax return   In a school bus means fuel used in a bus engaged in the transportation of students or employees of schools. 1040a 2012 tax return A school is an educational organization with a regular faculty and curriculum and a regularly enrolled body of students who attend the place where the educational activities occur. 1040a 2012 tax return For diesel fuel and kerosene (other than kerosene used in aviation) used other than as a fuel (No. 1040a 2012 tax return 8). 1040a 2012 tax return   Diesel fuel and kerosene (other than kerosene used in aviation) used other than as a fuel in the propulsion engine of a diesel-powered highway vehicle or diesel-powered train (not including off-highway business use) means undyed diesel fuel and undyed kerosene used: For home heating, lighting, and cooking; In boats; In stationary machines, such as generators and compressors; For cleaning purposes; or In minibikes and snowmobiles. 1040a 2012 tax return In foreign trade (No. 1040a 2012 tax return 9). 1040a 2012 tax return   In foreign trade means fuel used in civil aircraft employed in foreign trade or trade between the United States and any of its possessions. 1040a 2012 tax return The term trade includes the transportation of persons or property for hire and the making of the necessary preparations for such transportation. 1040a 2012 tax return In the case of aircraft registered in a foreign country, the country must allow reciprocal benefits for aircraft registered in the United States. 1040a 2012 tax return Certain helicopter and fixed-wing aircraft uses (No. 1040a 2012 tax return 10). 1040a 2012 tax return   Includes: Certain helicopter uses. 1040a 2012 tax return   Certain helicopter uses means fuel used by a helicopter for any of the following purposes. 1040a 2012 tax return Transporting individuals, equipment, or supplies in the exploration for, or the development or removal of, hard minerals, oil, or gas. 1040a 2012 tax return Planting, cultivating, cutting, transporting, or caring for trees (including logging operations). 1040a 2012 tax return Providing emergency medical transportation. 1040a 2012 tax return   During a use described in items (1) and (2), the helicopter must not take off from, or land at, a facility eligible for assistance under the Airport and Airway Development Act of 1970, or otherwise use services provided pursuant to section 44509 or 44913(b) or subchapter I of chapter 471 of title 49, United States Code. 1040a 2012 tax return For item (1), treat each flight segment as a separate flight. 1040a 2012 tax return Fixed-wing aircraft uses. 1040a 2012 tax return   Fixed-wing aircraft uses means fuel used by a fixed-wing aircraft for any of the following purposes. 1040a 2012 tax return Planting, cultivating, cutting, transporting, or caring for trees (including logging operations). 1040a 2012 tax return Providing emergency medical transportation. 1040a 2012 tax return The aircraft must be equipped for and exclusively dedicated on that flight to acute care emergency medical services. 1040a 2012 tax return During a use described in item (1), the aircraft must not take off from, or land at, a facility eligible for assistance under the Airport and Airway Development Act of 1970, or otherwise use services provided pursuant to section 44509 or 44913(b) or subchapter I of chapter 471 of title 49, United States Code. 1040a 2012 tax return Exclusive use by a qualified blood collector organization (No. 1040a 2012 tax return 11). 1040a 2012 tax return   Exclusive use by a qualified blood collector organization means fuel used by the qualified blood collector organization for its exclusive use in the collection, storage, or transportation of blood. 1040a 2012 tax return Qualified blood collector organization. 1040a 2012 tax return   A qualified blood collector organization is one that is: Described in section 501(c)(3) and exempt from tax under section 501(a), Primarily engaged in the activity of collecting human blood, Registered by the IRS, and Registered by the Food and Drug Administration to collect blood. 1040a 2012 tax return In a highway vehicle owned by the United States that is not used on a highway (No. 1040a 2012 tax return 12). 1040a 2012 tax return   In a highway vehicle owned by the United States that is not used on a highway means fuel used in a vehicle that was not used on public highways during the period covered by the claim. 1040a 2012 tax return This use applies whether or not the vehicle is registered or required to be registered for highway use. 1040a 2012 tax return Exclusive use by a nonprofit educational organization (No. 1040a 2012 tax return 13). 1040a 2012 tax return   Exclusive use by a nonprofit educational organization means fuel used by an organization exempt from income tax under section 501(a) that meets both of the following requirements. 1040a 2012 tax return It has a regular faculty and curriculum. 1040a 2012 tax return It has a regularly enrolled body of students who attend the place where the instruction normally occurs. 1040a 2012 tax return   A nonprofit educational organization also includes a school operated by a church or other organization described in section 501(c)(3) if the school meets the above requirements. 1040a 2012 tax return Exclusive use by a state, political subdivision of a state, or the District of Columbia (No. 1040a 2012 tax return 14). 1040a 2012 tax return   Exclusive use by a state, political subdivision of a state, or the District of Columbia means fuel purchased by the state or local government for its exclusive use. 1040a 2012 tax return A state or local government is any state, any political subdivision thereof, or the District of Columbia. 1040a 2012 tax return An Indian tribal government is treated as a state only if the fuel is used in an activity that involves the exercise of an essential tribal government function. 1040a 2012 tax return Gasoline, diesel fuel, and kerosene used by the American Red Cross is considered to be the use of these fuels by a state. 1040a 2012 tax return In an aircraft or vehicle owned by an aircraft museum (No. 1040a 2012 tax return 15). 1040a 2012 tax return   In an aircraft or vehicle owned by an aircraft museum means fuel used in an aircraft or vehicle that is owned by an organization that meets all the following requirements. 1040a 2012 tax return It is exempt from income tax as an organization described in section 501(c)(3). 1040a 2012 tax return It is operated as a museum under a state (or District of Columbia) charter. 1040a 2012 tax return It is operated exclusively for acquiring, exhibiting, and caring for aircraft of the type used for combat or transport in  World War II. 1040a 2012 tax return   The aircraft or vehicle (such as a ground servicing vehicle for aircraft) must be used exclusively for the purposes described in item (3). 1040a 2012 tax return In military aircraft (No. 1040a 2012 tax return 16). 1040a 2012 tax return   In a military aircraft means fuel used in an aircraft owned by the United States or any foreign nation and constituting a part of its armed forces. 1040a 2012 tax return In commercial aviation (other than foreign trade). 1040a 2012 tax return   See Commercial aviation, earlier, for the definition. 1040a 2012 tax return Use in a train. 1040a 2012 tax return   Use in a train means fuel used in the propulsion engine of equipment or machinery that rides on rails. 1040a 2012 tax return This includes use in a locomotive, work train, switching engine, and track maintenance machine. 1040a 2012 tax return Biodiesel or Renewable Diesel Mixture Credit, Alternative Fuel Credit, and Alternative Fuel Mixture Credit For alternative fuel mixtures produced after December 31, 2011, see How to Claim the Credit below. 1040a 2012 tax return The section 6426 credit for biodiesel and alternative fuel consists of the biodiesel or renewable diesel mixture credit, alternative fuel credit, and alternative fuel mixture credit. 1040a 2012 tax return Biodiesel or renewable diesel mixture credit claimant. 1040a 2012 tax return   Claimant produced a biodiesel mixture by mixing biodiesel with diesel fuel. 1040a 2012 tax return Claimant produced a renewable diesel mixture by mixing renewable diesel with liquid fuel (other than renewable diesel). 1040a 2012 tax return   The person that produced and sold or used the mixture in their trade or business is the only person eligible to make this claim. 1040a 2012 tax return The credit is based on the gallons of biodiesel or renewable diesel in the mixture. 1040a 2012 tax return Renewable diesel does not include any fuel derived from coprocessing biomass (as defined in section 45K(c)(3)) with a feedstock that is not biomass. 1040a 2012 tax return Claim requirements. 1040a 2012 tax return   See the Instructions for Form 720 for the biodiesel or renewable diesel mixture claim requirements. 1040a 2012 tax return Alternative fuel credit claimant. 1040a 2012 tax return   For the alternative fuel credit, the registered alternative fueler who (1) sold an alternative fuel at retail delivered it into the fuel supply tank of a motor vehicle or motorboat, (2) sold an alternative fuel, delivered it in bulk taxable use in a motor vehicle or motorboat, and received required statement from the buyer, (3) used an alternative fuel (not sold at retail or in bulk as previously described) motor vehicle or motorboat, or (4) sold an alternative fuel used as a fuel in aviation is the only person eligible to make this claim. 1040a 2012 tax return Carbon capture requirement. 1040a 2012 tax return   A credit for Fischer-Tropsch process liquid fuel derived from coal (including peat) can be claimed only if the fuel is derived from coal produced at a gasification facility that separates and sequesters at least 75% of the facility's total carbon dioxide emissions. 1040a 2012 tax return Alternative fuel credit. 1040a 2012 tax return   The registered alternative fueler is the person eligible to make the claim. 1040a 2012 tax return An alternative fueler is the person liable for tax on alternative fuel under the rules for taxable events for Other Fuels (discussed in chapter 1) or would be liable but for an exemption for nontaxable uses. 1040a 2012 tax return An alternative fueler includes a person who sells for use or uses an alternative fuel in aviation. 1040a 2012 tax return Alternative fuel mixture credit claimant. 1040a 2012 tax return   For the alternative fuel mixture credit, the registered alternative fueler that produced and sold or used the mixture as a fuel in their trade or business is the only person eligible to make this claim. 1040a 2012 tax return The credit is based on the gallons of alternative fuel in the mixture. 1040a 2012 tax return An alternative fuel mixture is a mixture of alternative fuel and section 4081 taxable fuel (gasoline, diesel fuel, or kerosene). 1040a 2012 tax return Registration. 1040a 2012 tax return   You must be registered by the IRS to be eligible to claim the section 6426 fuel credit. 1040a 2012 tax return See Registration Requirements in chapter 1. 1040a 2012 tax return Credits for fuel provide incentive for United States production. 1040a 2012 tax return   The section 6426 fuel credit may not be claimed for alternative fuel that is produced outside the United States for use as a fuel outside the United States. 1040a 2012 tax return The United States includes any possession of the United States. 1040a 2012 tax return Credit for fuels derived from paper or pulp production. 1040a 2012 tax return   Credit for alternative fuels and alternative fuel mixtures for any fuel derived from the production of paper or pulp are not available for fuel sold or used on or after December 31, 2009. 1040a 2012 tax return How to Claim the Credit Any biodiesel or renewable diesel mixture credit must first be claimed on Schedule C to reduce your taxable fuel liability reported on Form 720. 1040a 2012 tax return Any excess credit may be claimed on Schedule C (Form 720), Schedule 3 (Form 8849), Form 4136, or Form 8864, Biodiesel and Renewable Diesel Fuels Credit. 1040a 2012 tax return See Notice 2005-4 and the Instructions for Form 720 for more information. 1040a 2012 tax return Also see Notice 2013-26 on page 984 of I. 1040a 2012 tax return R. 1040a 2012 tax return B. 1040a 2012 tax return 2013-18 at www. 1040a 2012 tax return irs. 1040a 2012 tax return gov/pub/irs-irbs/irb13-18. 1040a 2012 tax return pdf; and see chapter 2, later. 1040a 2012 tax return Coordination with income tax credit. 1040a 2012 tax return   Only one credit may be taken for any amount of biodiesel or renewable diesel. 1040a 2012 tax return If any amount is claimed (or will be claimed) for any amount of biodiesel or renewable diesel on Form 720, Form 8849, or Form 4136, then a claim cannot be made on Form 8864 for that amount of biodiesel or renewable diesel. 1040a 2012 tax return   Any alternative fuel credit must first be claimed on Schedule C (Form 720) to reduce your section 4041 taxable fuel liability for alternative fuel and CNG reported on Form 720. 1040a 2012 tax return Any excess credit may claimed on Schedule C (Form 720), Schedule 3 (Form 8849), or Form 4136. 1040a 2012 tax return   For alternative fuel mixtures produced after December 31, 2011, the alternative fuel mixture credit can be claimed on Schedule C (Form 720), not on Form 4136 or Schedule 3 (Form 8849), and only to the extent of your section 4081 taxable fuel liability for gasoline, diesel fuel and kerosene reported on Form 720. 1040a 2012 tax return   Calculate the limitation for alternative fuel mixtures separately and enter on Schedule C (Form 720), line 14, only the gallons of mixtures that do not exceed your section 4081 taxable fuel liability. 1040a 2012 tax return Filing Claims This section tells you how to make a claim for a credit or refund of excise taxes on fuels. 1040a 2012 tax return This section also covers recordkeeping requirements and when to include the credit or refund in your income. 1040a 2012 tax return Generally, you will provide all the information needed to claim a credit or refund when you properly complete Form 8849, Form 4136, Schedule C (Form 720), Form 6478, or Form 8864. 1040a 2012 tax return In some cases, you will have to attach additional information. 1040a 2012 tax return You need to keep records that support your claim for a credit or refund. 1040a 2012 tax return Keep at your principal place of business all records needed to enable the IRS to verify that you are the person entitled to claim a credit or refund and the amount you claimed. 1040a 2012 tax return Ultimate purchaser. 1040a 2012 tax return   Ultimate purchasers may make claims for the nontaxable use of fuels on Form 4136, Schedule 1 (Form 8849), and Schedule C (Form 720) if reporting excise tax liability on that return. 1040a 2012 tax return If you are an ultimate purchaser, you must keep the following records. 1040a 2012 tax return The number of gallons purchased and used during the period covered by your claim. 1040a 2012 tax return The dates of the purchases. 1040a 2012 tax return The names and addresses of suppliers and amounts purchased from each in the period covered by your claim. 1040a 2012 tax return The nontaxable use for which you used the fuel. 1040a 2012 tax return The number of gallons used for each nontaxable use. 1040a 2012 tax return It is important that your records show separately the number of gallons used for each nontaxable use that qualifies as a claim. 1040a 2012 tax return If the fuel is exported, you must have proof of exportation. 1040a 2012 tax return   For more information about keeping records, see Publication 583, Starting a Business and Keeping Records, or chapter 1 of Publication 17, Your Federal Income Tax for Individuals. 1040a 2012 tax return Exceptions. 1040a 2012 tax return    Generally, the ultimate purchaser may not claim a credit or refund for undyed diesel fuel, undyed kerosene, or kerosene for use in aviation sold for the exclusive use of a state or local government. 1040a 2012 tax return However, see Claims by credit card issuers, later, for an exception. 1040a 2012 tax return The ultimate purchaser may not claim a credit or refund as follows. 1040a 2012 tax return The ultimate purchaser of gasoline or aviation gasoline used by a state or local government for its exclusive use or by a nonprofit educational organization for its exclusive use may waive its right to make a claim by providing a certificate that is signed under penalties of perjury by a person authorized to bind the ultimate purchaser and is in the same format as the Model Certificate M. 1040a 2012 tax return A new certificate is required each year or when any information in the current certificate expires. 1040a 2012 tax return The ultimate purchaser of kerosene for use in commercial aviation or noncommercial aviation (other than nonexempt, noncommercial aviation and exclusive use by a state, political subdivision of a state, or the District of Columbia) may waive its right to make a claim by providing a waiver that is signed under penalties of perjury by a person authorized to bind the ultimate purchaser and is in the same format as the Model Waiver L. 1040a 2012 tax return A new waiver is required each year or when any information in the current waiver expires. 1040a 2012 tax return The ultimate purchaser of undyed diesel fuel or undyed kerosene used in certain intercity and local buses may waive its right to make a claim by providing a waiver that is signed under penalties of perjury by a person authorized to bind the ultimate purchaser and is in the same format as the Model Waiver N. 1040a 2012 tax return A new waiver is required each year or when any information in the current waiver expires. 1040a 2012 tax return The ultimate purchaser of kerosene for use in nonexempt, noncommercial aviation must provide a certificate that is signed under penalties of perjury by a person authorized to bind the ultimate purchaser and is in the same format as the Model Certificate Q. 1040a 2012 tax return A new certificate is required each year or when any information in the current certificate expires. 1040a 2012 tax return Registered ultimate vendor. 1040a 2012 tax return   Registered ultimate vendors may make claims for certain sales of fuels on Form 4136, Schedule 2 (Form 8849), and Schedule C (Form 720) if reporting excise tax liability on that return. 1040a 2012 tax return If you are a registered ultimate vendor, you must keep certain information pertaining to the sale of the fuel. 1040a 2012 tax return   To make a claim, you must have sold the fuel at a tax-excluded price, repaid the tax to the buyer, or obtained the buyer's written consent to the allowance of the claim. 1040a 2012 tax return You are required to have a valid certificate or waiver in your possession in order to make the claim. 1040a 2012 tax return   In addition, you must have a registration number that has not been revoked or suspended. 1040a 2012 tax return See Form 637. 1040a 2012 tax return State use. 1040a 2012 tax return   To make a claim as an ultimate vendor (state), you must have a UV registration number and the fuel cannot be purchased with a credit card as explained below. 1040a 2012 tax return If you sell undyed diesel fuel, undyed kerosene, or kerosene for use in aviation for use by a state or local government, you must keep the following information. 1040a 2012 tax return The name and taxpayer identification number of each person (government unit) that bought the fuel. 1040a 2012 tax return The number of gallons sold to each person. 1040a 2012 tax return An unexpired certificate from the buyer. 1040a 2012 tax return See Model Certificate P in the Appendix. 1040a 2012 tax return The certificate expires on the earlier of 1 year after the date of the certificate or the date a new certificate is given to the registered ultimate vendor. 1040a 2012 tax return Nonprofit educational organization and state use. 1040a 2012 tax return   To make a claim as an ultimate vendor (nonprofit educational organization or state), you must have a UV registration number and the fuel cannot be purchased with a credit card as explained later. 1040a 2012 tax return If you sell gasoline or aviation gasoline to a nonprofit educational organization for its exclusive use or to a state or local government for its exclusive use, you must keep the following information. 1040a 2012 tax return The name and taxpayer identification number of each person (nonprofit educational organization or government unit) that bought the fuel. 1040a 2012 tax return The number of gallons sold to each person. 1040a 2012 tax return An unexpired certificate from the buyer. 1040a 2012 tax return See Model Certificate M in the Appendix. 1040a 2012 tax return  The certificate expires on the earlier of 1 year after the date of the certificate or the date a new certificate is given to the registered ultimate vendor. 1040a 2012 tax return Blocked pump. 1040a 2012 tax return   To make a claim as an ultimate vendor (blocked pump), you must have a UP registration number. 1040a 2012 tax return If you sell undyed kerosene (other than kerosene for use in aviation) from a pump that qualifies as a blocked pump because it is locked by you after each sale and is unlocked by you at the request of the buyer, you must keep the following information for each sale of more than 5 gallons. 1040a 2012 tax return The date of each sale. 1040a 2012 tax return The name and address of the buyer. 1040a 2012 tax return The number of gallons sold to that buyer. 1040a 2012 tax return Certain intercity and local bus use. 1040a 2012 tax return   To make a claim as an ultimate vendor of undyed diesel fuel or undyed kerosene used in certain intercity and local buses, you must have a UB registration number. 1040a 2012 tax return You must keep the following information. 1040a 2012 tax return The date of each sale. 1040a 2012 tax return The name and address of the buyer. 1040a 2012 tax return The number of gallons sold to the buyer. 1040a 2012 tax return A copy of the waiver signed by the buyer at the time the credit or payment is claimed. 1040a 2012 tax return See Model Waiver N in the Appendix. 1040a 2012 tax return Kerosene for use in commercial aviation or noncommercial aviation. 1040a 2012 tax return   To make a claim as an ultimate vendor of kerosene for use in commercial aviation (other than foreign trade) or noncommercial aviation (other than nonexempt, noncommercial aviation and exclusive use by a state, political subdivision of a state, or the District of Columbia), you must have a UA registration number. 1040a 2012 tax return See Kerosene for use in aviation, earlier, for a list of nontaxable uses. 1040a 2012 tax return You must keep the following information. 1040a 2012 tax return The date of each sale. 1040a 2012 tax return The name and address of the buyer. 1040a 2012 tax return The number of gallons sold to the buyer. 1040a 2012 tax return A copy of the waiver signed by the buyer at the time the credit or payment is claimed. 1040a 2012 tax return See Model Waiver L in the Appendix. 1040a 2012 tax return Kerosene for use in nonexempt, noncommercial aviation. 1040a 2012 tax return   To make a claim as an ultimate vendor of kerosene for use in nonexempt, noncommercial aviation, you must have a UA registration number. 1040a 2012 tax return You must keep the following information. 1040a 2012 tax return The date of each sale. 1040a 2012 tax return The name and address of the buyer. 1040a 2012 tax return The number of gallons sold to the buyer. 1040a 2012 tax return A copy of the certificate signed by the buyer at the time the credit or payment is claimed. 1040a 2012 tax return See Model Certificate Q in the Appendix. 1040a 2012 tax return Claims by credit card issuers. 1040a 2012 tax return   For sales of gasoline, aviation gasoline, diesel fuel, kerosene, or kerosene for use in aviation that are purchased by an exempt user with the use of a credit card, the registered credit card issuer is the only person who can make the claim. 1040a 2012 tax return An exempt user for this purpose is: For gasoline or aviation gasoline, a state or local government (including essential government use by an Indian tribal government) or a nonprofit educational organization; or For diesel fuel, kerosene, or kerosene for use in aviation, a state or local government (including essential government use by an Indian tribal government). 1040a 2012 tax return   If gasoline is purchased without the use of a credit card, then the registered ultimate vendor of the gasoline may make the claim for refund or credit. 1040a 2012 tax return However, if the gasoline is purchased with a credit card issued to a state, but the credit card issuer is not registered by the IRS or does not meet the conditions described, the credit card issuer must collect the tax and the state may make the claim. 1040a 2012 tax return   If diesel fuel, kerosene, or kerosene for use in aviation is purchased without the use of a credit card, the registered ultimate vendor may make the claim for refund or credit. 1040a 2012 tax return A state is not allowed to make a claim for these fuels. 1040a 2012 tax return However, if the diesel fuel or kerosene is purchased with a credit card issued to a state, but the credit card issuer is not registered by the IRS or does not meet the conditions described, the credit card issuer must collect the tax and the state may make the claim. 1040a 2012 tax return   The claim from the credit card issuer must contain the following information as it applies to the fuel covered in the claim. 1040a 2012 tax return The total number of gallons. 1040a 2012 tax return Its registration number. 1040a 2012 tax return A statement that it has not collected the amount of tax from the ultimate purchaser or has obtained the written consent of the ultimate purchaser to make the claim. 1040a 2012 tax return A statement that it has repaid or agreed to repay the amount of tax to the ultimate vendor, has obtained the written consent of the ultimate vendor to make the claim, or has otherwise made arrangements which directly or indirectly provide the ultimate vendor with reimbursement of the tax. 1040a 2012 tax return Has in its possession an unexpired certificate similar to Model Certificate R in the Appendix and has no reason to believe any of the information in the certificate is false. 1040a 2012 tax return Taxpayer identification number. 1040a 2012 tax return   To file a claim, you must have a taxpayer identification number. 1040a 2012 tax return Your taxpayer identification number can be an: Employer identification number (EIN), Social security number (SSN), or Individual taxpayer identification number (ITIN), if you are an alien individual and do not have and are not eligible to get an SSN. 1040a 2012 tax return   If you normally file only a U. 1040a 2012 tax return S. 1040a 2012 tax return individual income tax return (such as Form 1040 or 1040NR), use your SSN or ITIN. 1040a 2012 tax return You get an SSN by filing Form SS-5, Application for a Social Security Card, with the Social Security Administration. 1040a 2012 tax return To get an ITIN, file Form W-7, Application for IRS Individual Taxpayer Identification Number, with the IRS. 1040a 2012 tax return   If you operate a business, use your EIN. 1040a 2012 tax return If you do not have an EIN, you may apply for one online. 1040a 2012 tax return Go to the IRS website at irs. 1040a 2012 tax return gov/businesses/small and click on the “Employer ID Numbers (EINs)” link. 1040a 2012 tax return You may also apply for an EIN by calling 1-800-829-4933, or you can fax or mail Form SS-4, Application for Employer Identification Number, to the IRS. 1040a 2012 tax return Claiming A Refund Generally, you may claim a refund of excise taxes on Form 8849. 1040a 2012 tax return Complete and attach to Form 8849 the appropriate Form 8849 schedules. 1040a 2012 tax return The instructions for Form 8849 and the separate instructions for each schedule explain the requirements for making a claim for refund. 1040a 2012 tax return If you file Form 720, you can use the Schedule C (Form 720) for your refund claims for the quarter. 1040a 2012 tax return See the Instructions for Form 720. 1040a 2012 tax return Do not claim a refund on Form 8849 for any amount for which you have filed or will file a claim on Schedule C (Form 720) or Form 4136. 1040a 2012 tax return The alternative fuel mixture credit must be claimed on Schedule C (Form 720) against your section 4081 taxable fuel liability for gasoline, diesel, and kerosene and any excess is not allowed. 1040a 2012 tax return The alternative fuel credit must first be claimed on Schedule C (Form 720) against your section 4041 taxable fuel liability for alternative fuel and CNG. 1040a 2012 tax return To the extent the alternative fuel credit exceeds this taxable fuel liability, a payment is allowed and may be claimed as a credit on Schedule C (Form 720), or as an income tax credit on Forms 4136, 6478, or 8864, as applicable. 1040a 2012 tax return Only one claim may be made for any particular amount of alternative fuel. 1040a 2012 tax return Claiming a Credit on Form 4136 For alternative fuel mixtures produced after December 31, 2011, the alternative fuel mixture credit cannot be claimed on Form 4136. 1040a 2012 tax return See Biodiesel or Renewable Diesel Mixture Credit, Alternative Fuel Credit and Alternative Fuel Mixture Credit in chapter 2, earlier. 1040a 2012 tax return A credit may be claimed for certain uses and sales of fuels on Form 4136 when you file your income tax return at the end of the year. 1040a 2012 tax return If you meet certain requirements (discussed earlier), you may be able to make a claim during the year. 1040a 2012 tax return Credit only. 1040a 2012 tax return   You can claim the following taxes only as a credit on Form 4136. 1040a 2012 tax return Tax on fuels used for nontaxable uses if the total for your tax year is less than $750. 1040a 2012 tax return Tax on fuel you did not include in any claim for refund previously filed for any quarter of your tax year. 1040a 2012 tax return Tax on fuel you used in mobile machinery (off-highway business use) that traveled less than 7,500 miles on public highways. 1040a 2012 tax return Do not claim a credit for any amount for which you have filed a refund claim on Form 8849 or credit on Schedule C (Form 720). 1040a 2012 tax return When to file. 1040a 2012 tax return   You can claim a fuel tax credit on your income tax return for the year you used the fuel (or sold the fuel in the case of a registered ultimate vendor claim). 1040a 2012 tax return You may be able to make a fuel tax claim on an amended income tax return for the year you used the fuel. 1040a 2012 tax return Generally, you must file an amended return by the later of 3 years from the date you filed your original return or within 2 years from the date you paid the income tax. 1040a 2012 tax return How to claim a credit. 1040a 2012 tax return   How you claim a credit depends on whether you are an individual, partnership, corporation, S corporation, or farmers' cooperative association. 1040a 2012 tax return Individuals. 1040a 2012 tax return   You claim the credit on the “Credits from” line of Form 1040. 1040a 2012 tax return Also check box b on that line. 1040a 2012 tax return If you would not otherwise have to file an income tax return, you must do so to get a fuel tax credit. 1040a 2012 tax return Partnerships. 1040a 2012 tax return   Partnerships (other than electing large partnerships) claim the credit by including a statement on Schedule K-1 (Form 1065), Partner's Share of Income, Deductions, Credits, etc. 1040a 2012 tax return , showing each partner's share of the number of gallons of each fuel sold or used for a non