Free F-1193 - Florida

Florida Department of Revenue Application for Florida Renewable Energy Production Credit Allocation
(Due February 1 of Each Year) (Section 220.193, Florida Statutes)

F-1193 R. 01/09

Taxpayer Information
Taxpayer (Corporation or Business Name): __________________________________________________________________ Federal Employer Identification Number (FEIN) ­

Business Address: _________________________________________________ City: ____________________ State: ____ Zip Code:_____________ Taxpayer Contact Name: __________________________________________ Telephone Number: _____________________ E-Mail Address: ________ Beginning Date of Applicant's Tax Year (must be on or after January 1, 2007): ___________ Ending Date of Applicant's Tax Year: ___________

Consolidated Return Filing Information
If included in a consolidated Florida corporate income tax return: Parent corporation name: _____________________________ Parent FEIN: ­

Florida Renewable Energy Facility Information

Note: You must complete a separate application for each facility. Facility Owner (If different than taxpayer above): ___________________________________________________________ Facility Owner FEIN: ­

Florida renewable energy facility address: ______________________________________________________ City: __________________________ County: _____________________ Zip Code:_____________ New Facility Enter the kilowatt-hours of electricity produced from renewable energy for the period beginning January 1, 2008 and ending December 31, 2008, from a new Florida renewable energy facility placed in service after May 1, 2006. __________________________Kilowatt-hours Expanded Facility The credit is available based on the increase in electricity produced from renewable energy when compared to the 2005 calendar year. There must be more than a five percent (5%) increase in the production of electricity from renewable energy compared to the 2005 base year. Increased Production. 1) Enter the kilowatt-hours produced from renewable energy during the 2008 calendar year: ..................... 1 _________ 2) Enter the kilowatt-hours produced from renewable energy during the 2005 calendar year: 2(a) _________ Multiply [2(a)] by 1.05 and enter the result: ..................................................................... 2(b) _________ 3) Subtract Line 2(b) from Line 1 and enter the difference on this line: .......................................................... 3 _________ (Note: if Line 3 is zero (0) or less, the expanded facility is not eligible for a tax credit) 4) If the amount on Line 3 is greater than zero (0), then subtract Line 2(a) from Line 1 and enter the result (this is the increase in production): .............................................................................................................. 4 _________

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State of Florida County of _____________

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Affidavit Before me, the undersigned authority, this day personally appeared the affiant, who being first duly sworn, states from his personal knowledge as follows: (1) All information contained in the foregoing application and attached documents is true and correct; and (2) I have personally verified the increase in the production and the amount of sales of electricity from renewable sources from the facility described in this application and certify it to be true and correct. Name & Title ______________________________ (Please print) Sworn to and Subscribed before me this _____ day of __________________, 2009. Notary Public: _____________________________________ State of Florida Print Name: _____________________________________ ________ Personally known or ________ Produced Identification Type of Identification produced: ______________________________

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Instructions for the Florida Renewable Energy Production Credit.
Section (s.) 220.193, Florida Statutes (F.S.) Corporations may apply for a credit allocation by completing and mailing Form F-1193 to: Return Reconciliation ­ CIT Energy Credit Florida Department of Revenue 5050 W Tennessee St Bldg F Tallahassee FL 32399-0100 In General. Section 220.193, F.S., provides a corporate income tax credit up to one cent per kilowatt-hour for electricity generated from renewable energy sources by a new Florida renewable energy facility or an expanded Florida renewable energy facility during the previous calendar year. To claim the Florida Renewable Energy Production Credit, a corporation must file an application with the Department of Revenue on or before February 1st for an allocation of the Florida Renewable Energy Production Credit. The total amount of credit allocated is $5 million per state fiscal year in total for all corporate income taxpayers, which is prorated among the eligible applicants if the total amount of credits sought exceeds $5 million. Renewable electrical energy is electricity which is produced from a method using one or more of the following fuels or energy sources: hydrogen, biomass, solar energy, geothermal energy, wind energy, ocean energy, waste heat, or hydroelectric power. See s. 377.803, F.S. Who May Apply? Beginning in 2007 and continuing until February 1, 2011, Florida corporate producers who increase their production of renewable energy through a new or expanded Florida renewable energy facility may submit one application each year for each facility for an allocation of the annual $5 million credit. Florida corporate income taxpayers that own an interest in a general partnership, limited partnership, limited liability company, trust or other artificial entity that owns a Florida renewable energy facility can apply for this credit. The deadline for filing applications is on or before February 1 of each year beginning February 1, 2008, and ending February 1, 2011. The Department must receive applications on or before February 1. Program Limitations. For a new facility, the credit is up to one cent ($0.01) per kilowatt-hour for electricity produced in Florida from renewable energy. A new facility must have entered into service after May 1, 2006. For an expanded facility, the credit is up to one cent ($0.01) per kilowatt-hour for the increase in the production of electricity compared to the 2005 calendar year. In addition, the expanded facility is subject to the requirement that the increase in production is more than 5 percent (5%) over the facility's production of electricity from renewable sources for calendar year 2005. The credit is available for tax years beginning on or after January 1, 2007. If you cannot use the entire approved credit allocation in one year because of insufficient tax liability, you may carry the unused amount forward for a period not to exceed five years. With notice, the taxpayer may transfer unused credits one time in increments of 25% or more. The entity receiving the credit allocation (transferee) may use it in the same manner and with the same limits. The taxpayer may only take the credit against the Florida corporate income tax, may not carry it back to an earlier tax year, and must take it in the order described in s. 220.02(8), Florida Statutes. To prevent a double tax benefit, a taxpayer claiming the credit on its Florida corporate income tax return must add back the credit to Florida net income. The Department will approve applications for allocations of the annual $5 million in February of each year based on the production of electricity in the previous calendar year. If the amount of Florida Renewable Energy Production Credits applied for by February 1st of any year exceeds $5 million, the Department will award each applicant a prorated amount based on each applicant's increased production and the increased production of all applicants. On or before March 1st of each year, we will notify eligible corporate income taxpayers by letter the amount of the corporate income tax credit that we have granted them and the tax year they may claim it. The taxpayer must attach a copy of this letter to their Florida corporate income tax return.

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Claiming the Credit. A calendar year taxpayer should claim the credit on their Florida corporate income tax return for the tax year ending the previous December 31st, which is usually due by April 1st of the following year. Taxpayers with a tax year ending other than on December 31st should claim the credit in the tax year that began in the previous calendar year. For example, a taxpayer with a tax year beginning April 1st and ending March 31st, who submits an application on or before February 1, 2008, will receive a credit allocation based on the amount of electricity reported as produced during calendar year 2007. Assuming this taxpayer meets all the statutory requirements to claim the credit, they may claim the credit on their Florida corporate income tax return for tax year April 1, 2007, through March 31, 2008, which is due July 1, 2008. The letter we send the taxpayer showing the amount of the tax credit that is allocated to them will also indicate the tax year in which they may claim it. Substantiation of the Credit. The applicant must retain documentary evidence that substantiates and supports this credit and the Department may request this evidence later in order to verify the credit. Documentation includes, but is not limited to, evidence of the amount of electricity produced, evidence of the increase in production of electricity over the 2005 calendar year for an expanded facility, and evidence showing the electricity was produced from renewable energy.

Florida Renewable Energy Facility Information For Florida corporate income taxpayers applying for this credit that own an interest in a general partnership, limited partnership, limited liability company, trust or other artificial entity that owns a Florida renewable energy facility; provide the name and FEIN of the entity that owns the facility. Attach a schedule to the application that identifies all corporations that will receive the credit and the percentage of the credit to be received by each corporation. The credit allocated shall pass through to the owners in the same manner as items of income and expense pass through for federal income tax purposes. Provide the address of the Florida renewable energy facility that produces the electricity qualifying for this corporate income tax credit. The taxpayer must submit a separate application for each facility they own. A facility is a building or a group of buildings close to one another that work together to produce electricity from renewable sources. New Facility Information Check the New Facility box if the basis for the credit is a renewable energy facility initially placed in service after May 1, 2006. Provide the kilowatt-hours produced by the facility from renewable sources during the 2008 calendar year. Expanded Facility Information Check the Expanded Facility box if the credit is for a renewable energy facility that you have expanded to increase its electrical production. The renewable energy production credit is based on the increase in electrical production in 2008 over the 2005 calendar year, subject to the requirement that the increase in production is more than five percent (5%) above the facility's electrical production during the 2005 calendar year. Complete Lines 1 through 4 to calculate the number of kilowatt-hours on which the credit allocation will be based for an expanded Renewable Energy Production facility. Affidavit Information An officer of the corporation or other authorized person must sign the application under oath. Applications must be complete to qualify for an allocation of credit. Additional Information To learn more about transfers of the credit or to submit a Notice of Intent to Transfer, see Form F-1193T and the accompanying instructions, or go to the Department's Internet site at www.myflorida.com/dor and click on the transfer energy tax credits link.

Instructions for Completing the Application
Taxpayer Information Please provide the corporation name, FEIN, address, and taxpayer contact name, telephone number, and e-mail address. Provide the beginning and ending dates of the applicant's tax year. The credit is available annually for tax years beginning on or after January 1, 2007, and is based on increases in electricity produced from renewable sources between January 1, 2007 and December 31, 2010. Consolidated Return Filing Information Complete this section if you will be filing a consolidated Florida corporate income/franchise and emergency excise tax return (F-1120) for the tax year. Provide the name of the parent of the consolidated group and its FEIN. This information will allow the Department to associate the credit allocation with the related Florida corporate income tax return.