§ 1.48D-1—1.48D-5 [Reserved]
§ 1.48D-6 Elective payment election.
(a) Elective payment election.
(1) In general.
(2) Partnerships and S corporations.
(3) Irrevocable.
(b) Pre-filing registration required.
(1) In general.
(2) Manner of registration.
(3) Members of a consolidated group.
(4) Timing of pre-filing registration.
(5) Each qualified investment in an advanced manufacturing facility must have its own registration number.
(6) Information required to complete the pre-filing registration process.
(7) Registration number.
(i) In general.
(ii) Registration number is only valid for one year.
(iii) Renewing registration numbers.
(iv) Amendment of previously submitted registration information if a change occurs before the registration number is used.
(v) Registration number is required to be reported on the return for the taxable year of the elective payment election.
(c) Time and manner of election.
(1) In general.
(2) Limitations.
(d) Special rules for partnerships and S corporations.
(1) In general.
(2) Election.
(i) Time and manner of election.
(ii) Effect of election.
(iii) Coordination with sections 705 and 1366.
(iv) Partner's distributive share.
(A) In general.
(B) Interim rule.
(C) Partnership requirements.
(v) S corporation shareholder's pro-rata share.
(vi) Timing of tax exempt income.
(3) Disregarded entity ownership.
(4) Electing partnerships in tiered structures.
(i) In general.
(ii) Electing partnerships in tiered structures; interim rule.
(5) Character of tax exempt income.
(6) Determination of amount of the section 48D credit.
(i) In general.
(ii) Application of section 49 at-risk rules to determination of section 48D credit for partnerships and S corporations.
(iii) Changes in at-risk amounts under section 49 at partner or shareholder level.
(7) Partnerships subject to subchapter C of chapter 63 of the Code.
(8) Example.
(e) Denial of double benefit.
(1) In general.
(2) Application of the denial of double benefit rule.
(3) Use of the section 48D credit for other purposes.
(4) Examples.
(i) Example 1.
(ii) Example 2.
(iii) Example 3.
(iv) Example 4.
(f) Excessive payment.
(1) In general.
(2) Reasonable cause.
(3) Excessive payment defined.
(4) Example.
(g) Basis reduction and recapture.
(1) In general.
(2) Basis adjustment.
(i) In general.
(ii) Basis adjustment by partnership or S corporation.
(iii) Basis adjustment of partners and S corporation shareholders.
(3) Recapture reporting.
(h) Applicability dates.
(1) In general.
(2) Prior taxable years.