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2011

Department of the Treasury

Internal Revenue Service

Instructions for Form 3800

General Business Credit

Carryback and

business. However, the new hire retention

Section references are to the Internal

credit (reported on Part III, line 1aa) is not

Revenue Code unless otherwise noted.

Carryforward of

an ESBC.

Unused Credit

What’s New

Eligible small business defined. For

If you cannot use part or all of your

purposes of the Small Business Jobs Act

general business credit because of the

of 2010, an eligible small business is:

Form 3800 has been redesigned. The

tax liability limit (line 38 is less than the

•

redesign includes:

A corporation whose stock is not

sum of Part I, line 6, and Part II, lines 24

•

Part I is now titled Current Year Credit

publicly traded,

and 36), carry the unused credit back one

for Credits Not Allowed Against Tentative

•

A partnership, or

year (see Special 5-year carryback rule

Minimum Tax (TMT). The credits

•

A sole proprietorship.

for ESBCs below). To carry back an

previously reported in Part I, lines 1a

unused credit, file an amended return

through 1bb are now reported in Part III,

The average annual gross receipts of

(Form 1040X, Amended U.S. Individual

lines 1a through 1bb.

the corporation, partnership, or sole

•

Income Tax Return, Form 1120X,

The passive activity limit and carryover

proprietorship for the 3-tax-year period

Amended U.S. Corporation Income Tax

amounts for all general business credits

preceding the tax year of the credits

Return, or other amended return) for the

are now reported on Form 3800.

cannot exceed $50 million. Gross receipts

prior tax year or an application for

•

A new Part III is added to reflect all the

for any tax year must be reduced by

tentative refund (Form 1045, Application

general business credits that are reported

returns and allowances made during the

for Tentative Refund, or Form 1139,

on Form 3800 and to identify the type of

year. Any reference to your business also

Corporation Application for Tentative

credit being reported. In addition, if a

includes a reference to any predecessor

Refund). Generally, if you file an

credit is being reported from a

of your business.

application for a tentative refund, it must

pass-through entity, the employer

be filed by the end of the tax year

identification number (EIN) of the

If your business was not in existence

following the tax year in which the credit

pass-through entity must be entered in

for the entire 3-year period, base your

arose.

Part III.

average annual gross receipts on the

The employer housing credit is no

period your business existed. Also, if your

The new hire retention credit

longer applicable and is removed from

business had a tax year of less than 12

cannot be carried back to tax

TIP

Part III, line 1.

months, your gross receipts must be

years beginning before March 18,

annualized by multiplying the gross

2010.

General Instructions

receipts for the short period by 12 and

Special 5-year carryback rule for

dividing the result by the number of

ESBCs. To carry back unused ESBCs

months in the short period.

Who Must File

determined in the first tax year beginning

Member of controlled group,

in 2010, file an amended return (Form

You must file Form 3800 to claim any of

business under common control, or

1040X, Form 1120X, or other amended

the general business credits.

affiliated group. For purposes of the

return) for the prior tax year or an

If your only source of credits listed on

gross receipts test, all members of a

application for tentative refund (Form

Form 3800, Part III, is from pass-through

1045 or Form 1139). Write “SBJA 2012”

controlled group of corporations (as

entities, you may not be required to

at the top of the form you use to file the

defined in section 52(a)) and all members

complete the source credit form. Instead,

amended return.

of a group of businesses under common

you may be able to report the credit

control (as defined in section 52(b)), are

directly on Form 3800. For more details,

Carry back any unused ESBC by

treated as a single person; and all

see Part III. General Business Credits or

reporting it on the 2006 Form 6478, Credit

employees of the members of an affiliated

Eligible Small Business Credits.

for Alcohol Used as a Fuel, line 10. Any

service group (as defined in sections

carryback of the ESBC not used in 2006

Special Rules for Eligible

414(m) and (o) shall be treated as

can be carried to 2007 (the next earliest

employed by a single person.

carryback year), and so on, by including

Small Business Credits

any remaining unused ESBC on the

Treatment of partners and S

(ESBCs)

following forms.

corporation shareholders. General

1. 2007 Form 6478, line 10.

business credits determined for a

ESBCs. ESBCs determined in tax year

2. 2008 Form 6478, Alcohol and

partnership or S corporation cannot be

2010 can offset both regular tax and

Cellulosic Biofuel Fuels Credit, line 14.

treated as ESBCs unless both the

AMT. Any unused ESBCs determined in

3. 2009 Form 6478, line 13.

partnership or corporation and partner or

tax year 2010 are carried back five years

shareholder meet the gross receipts test

4. 2010 Form 6478, line 14.

and are used to offset regular tax and

as discussed under Eligible small

AMT in the carryback years. Generally,

business defined above for the tax year

ESBCs mean the sum of the general

Enter “SBJA 2012” to the left of the

that the credits are treated as current year

business credits determined for the tax

entry space used to include the unused

general business credits.

year with respect to an eligible small

ESBC on each Form 6478.

Sep 30, 2011

Cat. No. 10622Q

Instructions For Form 3800 - General Business Credit - Internal Revenue Service - 2011

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