U.S. Individual Income Tax Return Forms

Note: The draft you are looking for begins on the next page.

Caution: DRAFT—NOT FOR FILING

This is an early release draft of an IRS tax form, instructions, or publication,
which the IRS is providing for your information. Do not file draft forms. We
incorporate all significant changes to forms posted with this coversheet.
However, unexpected issues occasionally arise, or legislation is passed—in this
case, we will post a new draft of the form to alert users that changes were made
to the previously posted draft. Thus, there are never any changes to the last
posted draft of a form and the final revision of the form. Forms and instructions
are subject to OMB approval before they can be officially released, so we post
drafts of them until they are approved. Drafts of instructions and pubs usually
have some additional changes before their final release. Early release drafts are
at IRS.gov/DraftForms and remain there after the final release is posted at
IRS.gov/LatestForms. Also see IRS.gov/Forms.
Most forms and publications have a page on IRS.gov: IRS.gov/Form1040 for
Form 1040; IRS.gov/Pub501 for Pub. 501; IRS.gov/W4 for Form W-4; and
IRS.gov/ScheduleA for Schedule A (Form 1040), for example, and similarly for
other forms, pubs, and schedules for Form 1040. When typing in a link, type it
into the address bar of your browser, not a Search box on IRS.gov.
If you wish, you can submit comments to the IRS about draft or final forms,
instructions, or pubs at IRS.gov/FormsComments. Include “NTF” followed by the
form or pub number (for example, “NTF1040”, “NTFW4”, “NTF501”, etc.) in the
body of the message to route your message properly. We cannot respond to all
comments due to the high volume we receive and may not be able to consider
many suggestions until the subsequent revision of the product, but we will
review each “NTF” message. If you have comments on reducing paperwork and
respondent (filer) burden, with respect to draft or final forms, please respond to
the relevant information collection through the Federal Register process; for
more info, click here.

TREASURY/IRS AND OMB USE ONLY DRAFT

2025

Instructions for Form 3800
and Schedule A
General Business Credit
Section references are to the Internal Revenue Code unless
otherwise noted.

Future Developments

For the latest information about developments related to Form
3800 and its instructions, such as legislation enacted after they
were published, go to IRS.gov/Form3800.

What’s New

Schedule A (Form 3800). Transferors and transferees may use
Schedule A (Form 3800) as their transfer election statement to
report required information for each transferred credit. See
Schedule A (Form 3800), Transfer Election Statement.
Small agri-biodiesel producer credit. P.L. 119-21, commonly
known as the One Big Beautiful Bill Act restored the small
agri-biodiesel producer credit figured on Form 8864 and
reported on Form 3800, Part III, line 1l. See the Instructions for
Form 8864 for more information. For fuel sold or used after June
30, 2025, you can make the section 6418 transfer election. See
Transfer of Eligible Credits Under Section 6418, later.

Reminders

Item A. Item A requires a response concerning whether you are
an applicable corporation under the Corporate Alternative
Minimum Tax (CAMT) and an applicable taxpayer under the
Base Erosion Anti-Abuse Tax (BEAT).
Pre-filing registration requirement. If you intend to make an
elective payment election (EPE) and/or a transfer election on
Form 3800, you must complete pre-filing registration before you
file your tax return. See Registering for and Making Elective
Payment and Transfer Elections, later.
Elective payment election (EPE). Applicable entities and
electing taxpayers can elect to treat certain Inflation Reduction
Act of 2022 (IRA 2022) business credits as elective payments.
Certain eligible taxpayers can elect to treat Creating Helpful
Incentives to Produce Semiconductors Act of 2022 (CHIPS
2022) credits as elective payments. Any overpayments may
result in refunds. See Elective Payment of Certain Business
Credits Under Section 6417 or Section 48D, later.
Transferring credits. Taxpayers may make an election to
transfer all or a portion of certain IRA 2022 credits. See Transfer
of Eligible Credits Under Section 6418, later.
Part I. Credits not allowed against tentative minimum tax
(TMT). Line 2 has been revised to include passive credit
carryovers from Part IV. Lines 4 and 5 were revised to include
only non-passive carryforwards and carrybacks.
Part II. Part II was renamed to “Figuring Credit Allowed After
Limitations.” New section headings—A, B, and C—were added
to indicate the lines of Part II applicable to credit limitations under
sections 38(c)(1), 38(c)(2), and 38(c)(4). Section D was added
to report credits allowed after limitations.
Nov 12, 2025

Part IV. Carryovers of general business credits. Part IV was
updated. The column for eligible small business credit (ESBC)
carryforwards on the 2023 Form 3800 was removed; report
these credits on the 2025 Form 3800, Part IV, line 4y.
• Column (a) is used to indicate how many items of carryovers
from Part VI are included in Part IV for each listed credit. If there
is no breakdown for a credit on Part VI, leave column (a) of Part
IV blank.
• Column (b) is used to show the latest year from which
carryforwards arise. However, if there is a carryback from 2026
to 2025, enter “2026” in column (b).
• Columns (d) and (e) are for credits subject to the passive
activity credit limits.
• Column (g) is the amount of columns (e) and (f) applied
against tax in Part II. The passive credits are applied only against
tax in Part II arising from passive activities.
• Column (h) is the amount of columns (e) and (f) recaptured or
otherwise adjusted.
• Column (i) is the carryforward to 2026, which is the sum of
columns (g) and (h) subtracted from the sum of columns (e) and
(f).
Part V. Breakdown of aggregate amounts in Part III for facility-by-facility, multiple pass-through entities, etc. This
part is used by filers who have more than one elective payment
or transfer registration number on their source credit forms for a
particular IRA 2022 credit or CHIPS 2022 credit; or by partners
or S corporation shareholders who have received more than one
Schedule K-1 allocating to them the same credit (whether or not
IRA 2022 or CHIPS 2022). This part was expanded to provide
more detailed reporting of current-year passive and non-passive
credits, EPEs, and transfer elections.
Part VI. Breakdown of aggregate amounts in Part IV. New
columns were added in this part for passive and non-passive
credits.
Clean electricity production credit under section 45Y. The
clean electricity production credit figured on Form 7211 is
reported on Form 3800, Part III, line 1gg. See the Instructions for
Form 7211 for more information.
Clean fuel production credit under section 45Z. The clean
fuel production credit figured on Form 7218 is reported on Form
3800, Part III, line 1q. See the Instructions for Form 7218 for
more information.

Instructions for Form 3800 (2025) Catalog Number 10622Q
Department of the Treasury Internal Revenue Service www.irs.gov

DRAFT

DRAFT

New item B. Item B(i) asks if you made an entry in Part III,
column (f), as a transferor or transferee of credits under section
6418. If “Yes,” item B(ii) asks for the number of transfer election
statements attached to your return.

Part III. Current-year general business credits. New
columns were added and several columns were repositioned or
renamed.
• Columns (d) and (e) are for passive and non-passive credits,
respectively.
• Column (g) combines non-passive credits from column (e)
with amounts transferred in or out, shown in column (f).
• Column (i) is the amount of column (g) applied against tax in
Part II.
• Note that column (g) may include both passive and
non-passive credits; the passive credits are applied only against
tax in Part II arising from passive activities.
• Column (j) is the net elective payment election (EPE) amount,
which is the smaller of column (h) or column (g) minus column
(i).

TREASURY/IRS AND OMB USE ONLY DRAFT
Clean electricity investment credit under section 48E. The
clean electricity investment credit figured on Part V of Form 3468
is reported on Form 3800, Part III, line 1v. See the Instructions for
Form 3468 for more information.
Revocation of the section 6417 election. Electing taxpayers
may, during a subsequent year of the election period, revoke the
elective payment election for an applicable credit property
described in Regulations sections 1.6417-1(e)(3), (5), and (7)
(applicable credit property related to the credit for carbon oxide
sequestration, qualified clean hydrogen production, and
advanced manufacturing production credit). See Revocation of
the Section 6417 Election, later.

Caution: Partnerships and S corporations must generally
complete the source credit form. All other filers whose only
source for a credit listed in Form 3800, Part III, is from a
partnership, S corporation, estate, trust, or cooperative, report
the credit directly on Form 3800. The following exceptions apply.
• You or a lower-tier pass-through entity were allocated an IRA
2022 credit that has been transferred under section 6418.
• You are claiming the investment credit (Form 3468).
• You are an estate or trust and the source credit must be
allocated to beneficiaries. For more details, see the Instructions
for Form 1041, U.S. Income Tax Return for Estates and Trusts,
Schedule K-1, box 13.
• You are a cooperative and the source credit can or must be
allocated to patrons. For more details, see the Instructions for
Form 1120-C, U.S. Income Tax Return for Cooperative
Associations, Schedule J, line 5c.

Who Must File

You must file Form 3800 and the credit source form(s) to claim
any of the general business credits.

Partnerships and S corporations. Partnerships and S
corporations that make EPEs, transfer elections (as transferors),
or receive a credit from a transfer (as transferees) must complete
the name and identifying number boxes on page 1 and the
applicable lines of Parts III and V. Complete only the lines for
credits for which an EPE or transfer election is made. Attach
Form 3800, and, if applicable, Schedule A (Form 3800), to your
Form 1065 or Form 1120-S. See the instructions for Form 1065
at IRS.gov/Form1065 or Form 1120-S at IRS.gov/Form1120S.
Partners and shareholders report their share of each transferred
credit received from partnerships and S corporations on the
applicable line of Part III of the partner’s or shareholder’s Form
3800.
Applicable entity. An applicable entity that makes an EPE for
certain IRA 2022 credits must complete Form 3800 and its tax
return. See Applicable entity making an EPE on IRA 2022
credits, below, for more information.

Additional Information

EPEs and Transfer Elections

CHIPS 2022 and IRA 2022 allow applicable entities or certain
taxpayers to treat certain business credits as payments of
federal income tax, or, in the case of partnerships or S
corporations, to allow payments in the amount of such credits.

Applicable entity making an EPE on IRA 2022 credits. IRA
2022 extends, modifies, or creates several energy-related
investment and production tax credits. These credits are taken
as general business credits. IRA 2022 also created section
6417, which permits an applicable entity to make an EPE with
respect to each applicable credit reported in Part III.
An applicable entity is defined as any of the following.

• An organization exempt from the tax imposed by subtitle A by

reason of subchapter F of chapter 1 of subtitle A;
2

Taxpayer making an EPE for certain IRA 2022 credits. In
addition to these applicable entities, certain taxpayers (as
defined under sections 6417(d)(1)(B), 6417(d)(1)(C), and
6417(d)(1)(D)); and partnerships and S corporations under
section 6417(c), can make the EPE for the clean hydrogen
credit, the carbon oxide sequestration credit, and the advanced
manufacturing production credit reported in Part III.
Note: The definition of “eligible taxpayer” in IRA 2022 is different
from the definition of “eligible taxpayer” in CHIPS 2022.
Eligible taxpayer making an election to transfer certain IRA
2022 credits. IRA 2022 also allows eligible taxpayers
(taxpayers not described in section 6417(d)(1)(A)) and,
separately, partnerships and S corporations under section
6418(c) to make elections to transfer certain IRA 2022 business
credits (or a portion thereof) reported in Part III to an unrelated
person for cash.
Eligible taxpayer electing to transfer the small agri-biodiesel producer credit under P.L. 119-21. P.L. 119-21 allows
eligible taxpayers (taxpayers not described in section 6417(d)(1)
(A)) and, separately, partnerships and S corporations under
section 6418(c) to make elections to transfer the small
agri-biodiesel producer credit (or a portion thereof) reported in
Part III to an unrelated person for cash. Transferring the credit is
only permitted for fuel sold or used after June 30, 2025.
Eligible taxpayer making an EPE for CHIPS 2022 credit.
Under CHIPS 2022, an eligible taxpayer (as defined under
section 48D(c)), partnerships, and S corporations can make the
EPE under section 48D(d) for the advanced manufacturing
investment credit.
See the specific instructions for Part III to make the EPEs and
transfer elections.

Registering for and Making EPEs and Transfer
Elections
If making an EPE or transfer election, you must do the following.
1. Prior to completing an election on Form 3800, you must
get a registration number for each facility or property. Go to
IRS.gov/Register for Elective Payment or Transfer of Credits.
Also, see Pub. 5884, Inflation Reduction Act (IRA) and CHIPS
Act of 2022 (CHIPS) Pre-Filing Registration Tool, for more
information about registering prior to making an election.
2. Complete the required form(s) (for example, Form 3468)
on which you figure the specific general business credit(s).
When completing a specific general business credit form, you
must provide the registration number you received after
completing step 1. You may also have to attach any information
required regarding the entries made on the specific general
business credit form.
3. Complete the required lines on Form 3800. If you’re liable
for tax, you must first consider if any part of the general business
credit(s) may be applied against tax. See Part I and Part II and
Credit Ordering Rule, later, when making an EPE. To make the
election, you will need to complete the appropriate line(s) in Part
III. See Part III. Current-Year General Business Credits, later, for
more information. In addition, you may also need to complete
Part V. See Part V. Breakdown of Aggregate Amounts in Part III
Instructions for Form 3800 (2025)

DRAFT

DRAFT

General Instructions

• The government of any U.S. territory or political subdivision or
instrumentality thereof;
• Any state, the District of Columbia, or a political subdivision or
instrumentality thereof;
• The Tennessee Valley Authority;
• An Indian tribal government or a subdivision or instrumentality
thereof;
• Any Alaska Native Corporation (as defined in section 3 of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602(m))); and
• Any corporation operating on a cooperative basis that is
engaged in furnishing electric energy to persons in rural areas.

TREASURY/IRS AND OMB USE ONLY DRAFT
for Facility-by-Facility, Multiple Pass-Through Entities, etc., later,
for information regarding when you must complete Part V.
4. Attach all specific general business credit forms; Form
3800; and, if applicable, Schedule A (Form 3800); to your return.
See Part III, later, and your return instructions for where to report
the election.
Note: Completion of the pre-filing registration requirements and
receipt of a registration number do not, by themselves, mean
that you have earned the credit and made a proper election
under section 48D(d), 6417, or 6418.
A registration number is valid only for the tax year for which it
was obtained. It must be renewed if an election is sought in a
subsequent year. Changes with respect to one or more credit
properties, including changes in ownership, require an amended
registration to reflect the new facts.
For more information, see Regulations sections 1.48D-6,
1.6417-5, and 1.6418-4.

Electing taxpayers may, during a subsequent year of the election
period, revoke the elective payment election for an applicable
credit property described in Regulations sections 1.6417-1(e)(3),
(5), and (7) (applicable credit property related to the credit for
carbon oxide sequestration, qualified clean hydrogen production,
and advanced manufacturing production credit). The revocation
applies to the tax year for which the revocation is made and each
subsequent tax year within the relevant election period. Any
revocation of the section 6417 election may not itself be later
revoked.
After revocation, the election period under section 6417 is no
longer in effect, and any credit determined with respect to the
applicable credit property can be transferred pursuant to a
transfer election under section 6418(a) if the requirements of
section 6418 and the section 6418 regulations are met.
To revoke the section 6417 election, attach to the tax return a
PDF labeled “Revocation of the section 6417 election” that
includes the following information.
1. The IRS-issued registration numbers related to the
relevant applicable credit property for each of the previous years
the election was in effect (prior to this revocation).
2. Facility or property address of the applicable credit
property.
3. Name of the credit the election was for (carbon oxide
sequestration credit, advanced manufacturing production credit,
or clean hydrogen production credit).
4. The first tax year (MM/YYYY) of the elective payment
election for the applicable credit property.

Carryback and Carryforward of
Unused Credit

For purposes of carryback and carryforward rules, unused credit
means the sum of business credits carried forward to your tax
year on Part IV, plus the amount of your net current credits on
Part III, column (g), that exceeds the sum of any amount of such
business credits allowed against your net income tax on Part II,
line 38.

Caution: The carryforward must be reduced if there has been a
recapture or other downward adjustment.
If you can’t use part or all of your general business credit
because of the tax liability limit (Part II, line 38, is less than the
sum of Part I, line 6; and Part II, lines 25 and 36), carry the
unused credit back to prior years. The carryback period is
generally 1 year. To carry back an unused credit, file an
amended return (Form 1040-X, Amended U.S. Individual Income
Instructions for Form 3800 (2025)

TIP: In general, no part of the unused credit for any year
attributable to any credit can be carried back to any tax year
before the first tax year for which that credit was first allowable.
However, this general rule does not apply to unused credits
listed in section 6417(b), which may be carried back 3 tax years.
A “specified credit” listed in section 38(c)(4)(B) cannot be carried
back to any tax year before the first tax year for which that
specified credit was allowed against TMT unless it is a credit
listed in section 6417(b). See Credit Ordering Rule, later, to
determine which credits are allowed first.
In general, unused general business credits may be carried
back 1 year and carried forward 20 years. Unused marginal oil
and gas well production credits may be carried back 5 years and
carried forward 20 years. Unused credits listed in section
6417(b) may be carried back 3 years and carried forward 20
years.
Any qualified business credits (as defined in section 196(c))
that are unused after the last tax year of the carryforward period
(or at the time an individual taxpayer dies or other taxpayer, such
as a corporation or partnership, ceases to exist) may be taken as
a deduction in the earlier of:
• The tax year following the last tax year of the carryforward
period, or
• The tax year in which the individual taxpayer dies or other
taxpayer ceases to exist.
Figuring the carryforward if a payroll tax credit election is
made. Qualified small businesses electing to claim a portion of
the research credit as a payroll tax credit must adjust the
research credit carryforward for the amount of the credit elected
as a payroll tax credit on Form 6765, Credit for Increasing
Research Activities.
Caution: A qualified small business is defined differently than
an eligible small business. See Qualified Small Business and
Eligible Small Business in the Instructions for Form 6765 for
definitions.
The unused credit for the current year is determined by
reducing the amount on Part I, line 6, and Part II, line 36, by the
amount on Form 6765, line 36. If you have amounts on both Part
I, line 6, and Part II, line 36, the reduction is made
proportionately. No amount elected as a payroll tax credit can be
used to offset the current-year tax liability nor can it be included
in the carryforward or carryback calculation.

Change in Filing or Marital Status

Your general business credit is limited to your tax liability.
Therefore, if you filed a joint return in a carryback or carryforward
year and your marital status or filing status has changed, you
may need to figure your separate tax liability in that carryback or
carryforward year. This would apply if:
• You filed as single in the credit year, but filed a joint return in
the carryback or carryforward year;
• You filed a joint return in the credit year, but filed a joint return
with a different spouse in the carryback or carryforward year; or
• You were married and filed a separate return in the credit year,
but filed a joint return with the same or a different spouse in the
carryback or carryforward year.
Determine your separate tax liability in the carryback or
carryforward year as follows.
1. Figure your tax for the carryback or carryforward year as
though you were married filing a separate return.
2. Figure your spouse’s tax in that year as though your
spouse was married filing a separate return.
3

DRAFT

DRAFT

Revocation of the Section 6417 Election

Tax Return; Form 1120-X, Amended U.S. Corporation Income
Tax Return; or other amended return) for the prior tax year, or an
application for tentative refund (Form 1045, Application for
Tentative Refund; or Form 1139, Corporation Application for
Tentative Refund). Generally, if you file an application for a
tentative refund, it must be filed by the end of the tax year
following the tax year in which the credit arose.

TREASURY/IRS AND OMB USE ONLY DRAFT
3. Add the amounts in steps 1 and 2.
4. Divide the amount in step 1 by the amount in step 3. The
result should be rounded to at least three decimal places.
5. Multiply the decimal in step 4 by the total tax shown on
your joint return for the carryback or carryforward year. The result
is your separate tax liability and a carryback or carryforward
credit is applied against this amount only.
Although your carryback or carryforward of the credit is
limited to your separate tax liability, the amount of your refund
resulting from the carryback or carryforward is further limited to
your share of the joint overpayment. This is found by subtracting
your separate tax liability (as determined above) from your
contribution toward the payment.
Unless you have an agreement or clear evidence of each
spouse’s contribution toward the payment of the joint liability,
your contribution includes the tax withheld on your wages and
your share of the joint estimated tax or tax paid with the return.
Your share of these payments is found by using the same
formula used in determining your separate tax liability. Substitute
the joint estimated tax, or tax paid with the return, for the tax in
step 5. If the original return for the carryback year resulted in an
overpayment, reduce your contribution by your share of the
refund.

Credit Ordering Rule

General business credits reported on Form 3800 are treated as
used on a first-in, first-out basis by offsetting the earliest-earned
credits first. Therefore, the order in which the credits are used in
any tax year is:
• Carryforwards to that year, the earliest ones first;
• The general business credit earned in that year; and
• The carryback to that year.
Credit amounts allowed as net EPE amounts in column (j) of
Part III are treated as payments and are not considered used or
unused credits for carryback and carryforward rules.
If your general business credits exceed your tax liability limit
figured in Part II, the credits are generally used in the following
order and based on the order shown under Order in which
credits are used, later.
• Credits reported on line 2 of Part III, column (g), plus line 6 of
Part IV, columns (e) and (f).
• Credits reported on Part II, line 25.
• Specified credits reported on line 5 of Part III, column (g), plus
line 5 of Part IV, columns (e) and (f).
Order in which credits are used. When relevant, the
components of the general business credit reported on Form
3800 arising in a single tax year are generally used in the
following order.
• Investment credit (in the following order—rehabilitation credit,
energy credit, qualifying advanced coal project credit, qualifying
gasification project credit, qualifying advanced energy project
credit, qualifying therapeutic discovery project credit
(carryforward only), advanced manufacturing investment credit,
and clean electricity investment credit) (Form 3468, Parts II, III,
IV, V, VI, and VII).
• Work opportunity credit (Form 5884).
• Biofuel producer credit (carryforward only).
• Credit for increasing research activities (Form 6765).
• Low-income housing credit (Form 8586).
• Enhanced oil recovery credit (Form 8830).
• Disabled access credit (Form 8826).
• Renewable electricity production credit (Form 8835).
• Empowerment zone employment credit (Form 8844).
• Renewal community employment credit (carryforward only).
• Indian employment credit (carryforward only).
• Credit for employer social security and Medicare taxes paid
on certain employee tips (Form 8846).
4

contributions credit (Form 8881, Part I).
• Credit for employer-provided childcare facilities and services
(Form 8882).
• Qualified railroad track maintenance credit (Form 8900).
• Biodiesel and renewable diesel credit (including small
agri-biodiesel producer) (Form 8864).
• Low sulfur diesel fuel production credit (Form 8896).
• Credit for oil and gas production from marginal wells (Form
8904).
• Distilled spirits credit (Form 8906).
• Advanced nuclear power facility production credit (Form 7213,
Part I).
• Nonconventional source fuel credit (carryforward only).
• Energy efficient home credit (Form 8908).
• Energy efficient appliance credit (carryforward only).
• Alternative motor vehicle credit (carryforward only).
• Alternative fuel vehicle refueling property credit (Form 8911,
Part I).
• Mine rescue team training credit (carryforward only).
• Agricultural chemicals security credit (carryforward only).
• Credit for employer differential wage payments (Form 8932).
• Carbon oxide sequestration credit (Form 8933).
• Qualified plug-in electric vehicle credit (carryforward only).
• Clean vehicle credit (Form 8936, Part II).
• Credit for small employer health insurance premiums (Form
8941).
• Employee retention credit for employers affected by qualified
disasters (carryforward only).
• Employer credit for paid family and medical leave (Form
8994).
• Small employer auto-enrollment credit (Form 8881, Part II).
• Zero-emission nuclear power production credit (Form 7213,
Part II).
• Sustainable aviation fuel (SAF) credit (carryforward only).
• Clean hydrogen production credit (Form 7210).
• Qualified commercial clean vehicle credit (Form 8936, Part V).
• Advanced manufacturing production credit (Form 7207).
• Clean electricity production credit (Form 7211).
• Clean fuel production credit (Form 7218).
• Small employer military spouse participation credit (Form
8881, Part III).
• General credits from an electing large partnership
(carryforward only).
Credit ordering for taxpayers making an EPE. If you made
an EPE for certain current credits reported on Part III, credit
amounts allowed as a net EPE amount in column (j) of Part III are
treated as payments and are not considered for carryback and
carryforward rules.
An applicable entity with unrelated business income subject
to tax under section 512 must use any applicable credit listed in
section 6417(b) against that tax, regardless of whether the
facility or property giving rise to the applicable credit was used in
the unrelated business, to the extent the credit is not part of the
net EPE amount in column (j) of Part III.

Eligible Small Business

For purposes of the credit for increasing research activities
(Form 6765), reported on Form 3800, Part III, line 4i; and the
ESB credits, reported on Form 3800, Part IV, line 4y, an eligible
small business is:
• A corporation whose stock is not publicly traded,
• A partnership, or
• A sole proprietorship.

The average annual gross receipts of the corporation,
partnership, or sole proprietorship for the 3-tax-year period
preceding the tax year of the credit cannot exceed $50 million.
Gross receipts for any tax year must be reduced by returns and
allowances made during the year. Any reference to your
Instructions for Form 3800 (2025)

DRAFT

DRAFT

Attach a copy of the computation to your amended return or
application for tentative refund.

• Orphan drug credit (Form 8820).
• New markets credit (Form 8874).
• Small employer pension plan startup costs credit and

business also includes a reference to any predecessor of your
business.

the non-BBA pass-through entity, for example, in the form of an
amended Schedule K-1 (and any statements attached thereto).

If your business was not in existence for the entire 3-year
period, base your average annual gross receipts on the period
your business existed. Also, if your business had a tax year of
less than 12 months, your gross receipts must be annualized by
multiplying the gross receipts for the short period by 12 and
dividing the result by the number of months in the short period.
Member of controlled group, business under common
control, or affiliated group. For purposes of the gross receipts
test, all members of a controlled group of corporations (as
defined in section 52(a)) and all members of a group of trades or
businesses under common control (as defined in section 52(b))
are treated as a single employer; and all employees of the
members of an affiliated service group (as defined in sections
414(m) and (o)) shall be treated as employed by a single
employer.
Treatment of partners and S corporation shareholders. A
partner or an S corporation shareholder cannot be treated as an
eligible small business unless both the partnership or S
corporation and partner or shareholder meet the gross receipts
test, as discussed earlier, for the tax year that the credit is
treated as a current-year general business credit.

Partners of BBA partnership. BBA partnerships cannot file
amended returns; they must instead file AARs. A BBA AAR is a
statutorily provided type of amended filing used to change
partnership-related items for any partnership tax year. If you are
a partner of a BBA partnership and filing a return that includes a
section 41 credit for increasing research activities from the BBA
partnership’s AAR, you may, but are not required to, include the
five items of information with your return to which your Form
8978, Partner’s Additional Reporting Year Tax, is attached if the
BBA partnership has provided the information with its AAR.

Research Credit Claims on Amended Returns or
Tax Equity and Fiscal Responsibility Act
(TEFRA) Administrative Adjustment Requests
(AAR), as Applicable

TEFRA partnerships and partners in TEFRA partnerships cannot
file amended returns; they must instead file AARs. An AAR is a
statutorily provided type of amended filing used to change
TEFRA partnership items.
If you are claiming a refund or credit on an amended return or
AAR (as applicable) that includes a section 41 credit for
increasing research activities that either (a) was not reported on
your original filed return, or (b) is increased from the amount
reported on your original return, and the section 41 credit you’re
claiming on the amended return comes from a non-Bipartisan
Budget Act (BBA) pass-through entity such as a(n) TEFRA
partnership, S corporation, estate, trust, cooperative, or other
non-TEFRA or non-BBA pass-through entity whose tax year
ended during the tax year for which you are filing your amended
return, the following five items of information must be identified
and provided with your claim for each business component.
1. The factual basis of your section 41 research credit claim.
2. The research activities performed.
3. The individuals who performed each research activity. A
taxpayer may instead identify the individuals who performed
each research activity by listing the individual’s title or position.
4. The information each individual sought to discover.
5. The total qualified employee wage expenses, total
qualified supply expenses, and total qualified contract research
expenses incurred by the non-BBA pass-through entity for its
claim year. This information may be provided by submitting a
copy of the Form 6765 used by the non-BBA pass-through entity.
If you submit a credit study or other document, please identify
the exact pages that contain the five items of information
described above.
Note: The above requirements apply to all claimants, including
sole proprietorships, per entity, regardless of business structure.
A taxpayer whose amended return includes a section 41
credit for increasing research activities from more than one
non-BBA pass-through entity must separately provide the five
items of information for each non-BBA pass-through entity.
Partners, shareholders, or other owners of a non-BBA
pass-through entity should receive this information directly from
Instructions for Form 3800 (2025)

Specific Instructions
Caution: Before completing Parts I and II, complete the
applicable lines and columns of Part III, columns (a) through (h);
Part IV, columns (a) through (f); Part V, columns (a) through (h)
(2); and Part VI, columns (a) through (f).
Complete and attach the appropriate credit forms used to
figure your current-year credit. See exceptions under General
Instructions, earlier.
Item A. Corporate alternative minimum tax (CAMT) and
base erosion anti-abuse tax (BEAT). If you are both an
“applicable corporation” within the meaning of section 59(k)(1)
and “applicable taxpayer” within the meaning of section 59A(e),
check “Yes.” Otherwise, check “No.”
Item B. If you made an entry in Part III, column (f), check the
“Yes” box for item B(i), and in item B(ii) enter the number of
Schedules A (Form 3800) and other transfer election statements
you will attach to your return.

Part I. Credits Not Allowed Against
Tentative Minimum Tax (TMT)

Line 1

Non-passive credits from Part III, line 2: Combine column (e)
with non-passive amounts from column (f).
Caution: Do not take into account any amount in column (f)
from passive activities. See Transfer of Eligible Credits Under
Section 6418 and Transferees of Eligible Credits Under Section
6418, later.

Line 2

Report on line 2 the total of all passive activity credit amounts
included on Part III, line 2, column (d); and passive amounts
included on Part III, line 2, column (f); and Part IV, line 6, column
(d).

Line 3

Enter the applicable passive activity credit amount allowed from
Form 8582-CR, Passive Activity Credit Limitations; or Form
8810, Corporate Passive Activity Loss and Credit Limitations.
The passive activity credit amount allowed on Part I, line 3, only
applies to the general business credits not allowed against TMT
from Part I, line 2. Do not include specified credits on line 3.
If no credits are allowed, enter -0- on line 3.

Line 4

Enter the amount of non-passive carryforwards to 2025 of
unused credits that are reported from line 6 of Part IV, column (f).
Check the box. For each credit entered on line 4, if the credit
amount was changed or revised from the amount originally
reported, check the box on this line and see the instructions for
Part IV and Part VI (if applicable) for the required statement.

5

DRAFT

DRAFT

TREASURY/IRS AND OMB USE ONLY DRAFT

TREASURY/IRS AND OMB USE ONLY DRAFT
Adjustment for the payroll tax credit. A qualified small
business that elected on Form 6765 to claim a portion of its
research credit as a payroll tax credit must reduce its research
credit carryforward by the amount elected as a payroll tax credit.

Line 5

Use Part I, line 5, only when you amend your 2025 return to carry
back unused credits from 2026. Enter the non-passive amount
that is reported from line 6 of Part IV, column (f).
Note: Individuals claiming the research credit from a sole
proprietorship or pass-through entity don’t include any carryback
of that credit on Part I, line 5, before figuring the limitation on Part
III, line 1c. Include the carryback when figuring the research
credit limitation on line 1c of Part III. Then, include the allowable
carryback amount on Part I, line 5. See Required statement,
later, and attach the statement to your return.

Part II. Figuring Credit Allowed After
Limitations
Section A

Figuring Credit Allowed After Section 38(c)(1) Limitation
Based on Amount of Tax
Individuals. Enter the sum of the amounts from Form 1040,
1040-SR, or 1040-NR, line 16; and Schedule 2 (Form 1040),
line 1z. Don’t include any recapture of an education credit, any
tax from Form 8621, any net tax liability deferred under section
965(i), or any triggering event under section 965(i).
Corporations. Enter the amount from Form 1120, Schedule J,
line 2 (excluding the amounts entered on lines 1c, 1e, and 1f) or
other applicable line of your return.
Estates and trusts. Enter the amount from Form 1041,
Schedule G, lines 1a, 1b, and 1d, plus any Form 8978 amount
included on line 1e; or the amount from the applicable line of
your return.
Non-pass-through partners. Partners other than pass-through
partners (such as partnerships or S corporations) use Form
8978 and Schedule A (Form 8978)—not Form 3800—to
calculate their reporting year tax net of credits. However, credit
carryforwards resulting from a Form 8978 calculation are
reported on the partner’s next tax year’s Form 3800, Parts IV and
VI, if applicable. See Form 8978 and its instructions.

Line 10b

Enter the total allowable credit, if any, from your tax return as
follows.

Individuals. Enter the amount from Form 1040, 1040-SR, or
1040-NR, line 19; and Schedule 3 (Form 1040), lines 2 through
4, 5a, 5b, and 7. Don’t include any general business credit
claimed on Form 3800, any credit for prior-year minimum tax, or
any credit claimed on Form 8912, Credit to Holders of Tax Credit
Bonds.
Estates and trusts. Enter the total of any write-in credits from
Form 1041, Schedule G, line 2e; or the amount from the
applicable line of your return.
Corporations. Enter the amount from Form 1120, Schedule J,
line 5b (or the applicable line of your return). Corporations
reporting a Form 8978 amount on Schedule J, line 5f, must also
include this amount on line 10b. If line 11 is zero or less, these
corporations must enter -0- on line 11, skip lines 12 through 15,
and enter -0- on line 16.

Special rules. See section 38(c)(6) for special rules that apply
to married couples filing separate returns, controlled corporate
groups, regulated investment companies, real estate investment
trusts, estates, and trusts.
Corporations. Corporations are allowed a general business
credit equal to 25% of the excess (if any) of net income tax over
$25,000. Net income tax means the sum of the regular tax
liability and the tax imposed by the alternative minimum tax
under section 55, reduced by certain other credits.

Line 17
C corporations. If the corporation has undergone a post-1986
ownership change (as defined in section 382(g)), section 383
may limit the amount of tax that may be offset by pre-change
general business credits. Also, if a corporation acquires control
of another corporation (or acquires its assets in a
reorganization), section 384 may limit the amount of tax
attributable to recognized built-in gains that may be offset by
pre-acquisition general business credits. If either of these
limitations apply; attach a computation of the allowable general
business credit, enter the amount on Part II, line 17; and write
“Sec. 383” or “Sec. 384” in the margin next to your entry on Part
II, line 17.

Section B

Figuring Section 38(c)(2) Empowerment Zone and
Community Renewal Employment Credit Allowed

Lines 18 Through 26

These lines are used to claim the empowerment zone
employment credit and the renewal community employment
credit. Complete lines 18 through 26 only if you have entered an
amount for the empowerment zone employment credit on line 3
of Part III, column (d) or (e); or the renewal community
employment credit on line 3 of Part III, column (d) or (e), or line 3
of Part IV, column (d) or (f).

Line 22

Combine the amounts from Part III, line 3, column (e), with the
sum of the non-passive activity credit amounts in Part IV, line 3,
column (f). The carryforward and carryback for Form 8844 will
flow to this line.

Line 23

Enter the passive activity credit from Part III, line 3, column (d),
plus the sum of the passive activity credit amount in Part IV,
line 3, column (d).

Line 24

Enter the applicable passive activity credit amount for the
empowerment zone and renewal community employment credit
allowed from Form 8582-CR or Form 8810. The passive activity
credit amount allowed on Part II, line 24, only applies to the
empowerment zone and renewal community employment credit
reported on Part III, line 3, plus any prior year unallowed passive
activity empowerment zone and renewal community employment
credit. See the instructions for the applicable form for details. If
no credits are allowed, enter -0- on line 24.

Line 25

Add lines 22 and 24. If you have amounts on both line 23 and
line 24, the total on line 25 will be comprised of both non-passive
and passive credit amounts. Attach a statement providing a
breakdown of the non-passive and passive credit amounts on
line 25.
Caution: Passive activity credit amounts can generally only be
used to offset positive passive activity income.

6

Instructions for Form 3800 (2025)

DRAFT

DRAFT

Line 7

Line 13

Section C

TREASURY/IRS AND OMB USE ONLY DRAFT

Figuring the Specified Credit Amount Allowed Under
Section 38(c)(4)

Line 30

Enter the general business credit from Part III, line 5. Combine
column (e) with non-passive amounts in column (f). Do not take
into account any amount in column (f) from passive activities.
See Caution under Line 1, earlier.

Line 32

Enter the sum of passive activity credits from Part III, line 5.
Combine column (d) with passive amounts in column (f). Do not
take into account any amount in column (f) from non-passive
activities. Also, include passive specified credit carryovers from
Part IV, column (d), line 5.

Line 33

Enter the applicable current-year and carryover passive activity
credit amount for general business credits allowed against TMT
from Form 8582-CR or Form 8810. The passive activity credit
amount allowed on line 33 includes only the general business
credits on line 32. If no credits are allowed, enter -0- on line 33.

Check the box. For each credit entered on line 34, if the credit
amount was changed or revised from the amount originally
reported, check the box on this line and see Required statement.
Note: Individuals claiming the research credit from a sole
proprietorship or pass-through entity don’t include any
carryforward of that credit on Part II, line 34, before figuring the
limitation on Part III, line 1c, and line 4i. Include the carryforward
when figuring the research credit limitation on lines 1c and 4i of
Part III. Then, include the allowable carryforward amount on Part
II, line 34. See the instructions under Required statement.
Adjustment for the payroll tax credit. A qualified small
business that elected on Form 6765 to claim a portion of its
research credit as a payroll tax credit must reduce its research
credit carryforward by the amount elected as a payroll tax credit.

Line 35

Generally, use Part II, line 35, only when you amend your 2025
tax return to carry back unused credits from 2026. Enter the
carryback amount that is reported in Part IV, line 5, column (f).
You may not carry back specified credits, including ESB credits,
to any tax year before the first tax year for which that specified
credit was allowed against TMT unless it is a credit listed in
section 6417(b).
Note: Individuals claiming the research credit from a sole
proprietorship or pass-through entity don’t include any carryback
of that credit on Part II, line 35, before figuring the limitation on
Part III, line 4i. Include the carryback when figuring the research
credit limitation on Part III, line 4i. Then, include the allowable
carryback amount on Part II, line 35. See the required statement,
later, and attach the statement to your return.

Section D

Credits Allowed After Limitations

Line 38

If the sum of Part II, line 38; and Part III, line 6, column (j), is
smaller than the sum of Part I, lines 1, 3, and 4; and Part II, lines
30, 33, and 34 (carryforwards and current business credits only),
see Carryback and Carryforward of Unused Credit, earlier.

Instructions for Form 3800 (2025)

If you are claiming a current-year business credit on your tax
return, you must complete the applicable lines and columns of
Part III. This requirement includes applicable entities and certain
taxpayers, partnerships, and S corporations making an EPE,
eligible taxpayers making a transfer election under section 6418,
and transferees of a credit under section 6418. Complete
columns (b), (c), (f), (h), (i), and (j) of Part III (as applicable) only
if you are making the EPE under section 6417, the transfer
election under section 6418 (as transferor), or receive a credit
from a transfer (as transferee). Complete columns (b), (c), (h),
(i), and (j) of Part III, as applicable, if you are making the election
under section 48D.
Partnerships and S corporations that are transferees of
credits from an eligible taxpayer under section 6418 report on
the applicable line of Part III and Part V (if applicable) of Form
3800. Complete column (a) of Part III and complete Part V only if
you are reporting more than one facility or more than one
pass-through entity as sources for any one credit.
Partners and shareholders report your share of each IRA
2022 credit transferred to a partnership and S corporation on the
applicable line of Part III and Part V (if applicable) of Form 3800.
Complete column (c) of Part III only if you are receiving the credit
on a Schedule K-1 from a pass-through entity or receive (as
transferee) an eligible credit under section 6418 from an
unrelated taxpayer.

Elective Payment of Certain Business Credits
Under Section 6417 or Section 48D

An applicable entity, as defined in section 6417(d)(1)(A), can
elect to treat current applicable credits as payments against the
tax imposed by subtitle A for its tax year. Because applicable
credits must first be applied to tax (if any) before being treated as
a payment, amounts treated as a payment (net payment election
amounts) are limited to the total of unused credits (without
application of any EPE). See Credit Ordering Rule, earlier.
Applicable credits reported in Part III, column (h), include the
following.
• Alternative fuel vehicle refueling property, section 30C(d)(1),
Form 8911, Part I.
• Renewable electricity production, section 45, Form 8835 for
qualified facilities after 2022, Part II.
• Carbon oxide sequestration, section 45Q, Form 8933 for
carbon-capture equipment placed in service after 2022, Part III.
• Zero-emission nuclear power production, section 45U, Form
7213, Part II.
• Clean hydrogen production, section 45V, Form 7210, Part IV.
• Qualified commercial clean vehicles, section 45W, Form
8936, Part V, but not including credits passed through from
partnerships or S corporations. See the Instructions for Form
8936.
• Advanced manufacturing production, section 45X, Form 7207,
Part II.
• Energy credit, section 48, Form 3468, Part VI.
• Qualifying advanced energy project, section 48C, Form 3468,
Part III.
• Clean electricity production, section 45Y, Form 7211, Part II.
• Clean fuel production, section 45Z, Form 7218, Part II.
• Clean electricity investment, section 48E, Form 3468, Part V.
Taxpayers that are not applicable entities, including
partnerships and S corporations, may elect to be treated as
applicable entities but only with respect to the following
applicable credits reported in Part III, column (h).
• Carbon oxide sequestration for capture equipment placed in
service after 2022, Form 8933, Part III.
• Clean hydrogen production, Form 7210, Part IV.
• Advanced manufacturing production, Form 7207, Part II.
7

DRAFT

DRAFT

Line 34

Enter the amount of all carryforwards to 2025 of unused credits
that are reported from Part IV, line 5, column (f).

Part III. Current-Year General
Business Credits

TREASURY/IRS AND OMB USE ONLY DRAFT
Taxpayers, including partnerships and S corporations, may
also elect payment for advanced manufacturing investment
credit, section 48D, Form 3468, Part IV, reported on line 1o,
column (h), of Part III.
To make an EPE, if you have multiple facilities for which you’re
claiming one of the above credits, complete Part V and then Part
III. In Part V, list each facility; in Part III, combine the amounts
from all facilities for each credit and enter in column (b) the first
registration number obtained for each credit. If you have only one
facility for which you’re claiming any one of the above credits, do
not complete Part V. Complete each line on Part III for which
you’re claiming an elective payment using the instructions under
Columns (a) Through (j), later.
Eligible taxpayers can elect to transfer the following eligible
credits.
• Alternative fuel vehicle refueling property, section 30C(d)(1),
Form 8911, Part I.
• Renewable electricity production, section 45, Form 8835, Part
II.
• Carbon oxide sequestration, section 45Q, Form 8933, but not
including the credit made under section 45Q(f)(3)(B) election,
Part III.
• Zero-emission nuclear power production, section 45U, Form
7213, Part II.
• Clean hydrogen production, section 45V, Form 7210, Part IV.
• Advanced manufacturing production, section 45X, Form 7207,
Part II.
• Energy credit, section 48, Form 3468, Part VI, but not
including the credit under section 50(d)(5) and Regulations
section 1.48-4.
• Qualifying advanced energy project credit, section 48C, Form
3468, Part III.
• Clean electricity production credit, section 45Y, Form 7211,
Part II.
• Clean fuel production credit, section 45Z, Form 7218, Part II.
• Clean electricity investment, section 48E, Form 3468, Part V.
• Small agri-biodiesel producer credit, section 40A, Form 8864.
Transferring the credit is only permitted for fuel sold or used after
June 30, 2025.
To make the transfer election, if you have multiple facilities for
which you’re claiming one of the above credits, complete Part V
and then Part III. In Part V, complete a line for each facility. In
column (a) of Part V, indicate the line number of the credit as
shown in Part III. In Part III, combine the amounts from all
facilities for each credit and enter in column (b) the first
registration number obtained for each credit. If you have only one
facility for which you’re claiming any one of the above credits, do
not complete Part V.
Complete each line in Part III for which you’re electing to
transfer an eligible credit as transferor or claiming an eligible
credit as transferee using the instructions under Columns (a)
Through (j), later.
Basis reduction when certain credit transfers are made. If
an energy investment credit (section 48), qualifying advanced
energy project credit (section 48C), or clean electricity
investment credit (section 48E) is transferred, the basis
reduction rule of section 50(c) applies to the investment credit
property as if the transferred eligible credit was allowed to the
eligible taxpayer.

Transfer Election Statement or Other Document

Section 6418 and regulations require both the eligible taxpayer
(transferor) and the transferee of the credit to attach their transfer
election statement to each of their annual tax returns for the year
of the transfer. You can use either Schedule A (Form 3800) or
other document containing the required information and
signatures for this purpose. If using Schedule A (Form 3800),

8

Schedule A (Form 3800), Transfer Election Statement.
Complete Schedule A (Form 3800) in its entirety.
Line 1. Check one box to indicate the form completed and
filed to determine the credit transferred.
Line 2. Enter the IRS-issued transfer registration number.
Line 3. The total amount of the credit sold by the transferor to
the transferee in the current year should be all, or part of, the
negative amount shown in column (f) on the applicable credit line
of Part III of the transferor’s Form 3800; and all, or part of, the
positive amount shown in column (f) on the applicable credit line
of Part III of the transferee’s Form 3800.
Line 4. Enter the amount and date of payment on line 4a. Use
lines 4b through 4h if additional payments were made for this
credit transfer.
Line 13. If filing Schedule A (Form 3800) electronically,
complete all lines except for the signature block. Both transferor
and transferee sign by hand, save Schedule A (Form 3800) as a
PDF, name the file “Schedule A Form 3800,” and attach it to their
respective returns.
Other document used as transfer election statement. The
transferor and transferee can use any document for this purpose,
such as a purchase and sale agreement. The file for the
attached document must be named “Transfer Election
Statement” and include the following information.
1. Name, address, and taxpayer identification number of the
transferee taxpayer and the eligible taxpayer. If the transferee
taxpayer or eligible taxpayer is a member of a consolidated
group (as defined in Regulations section 1.1502-1), then only
include information for the group member that is the transferee
taxpayer or eligible taxpayer (if different from the return filer).
2. A statement that provides the information and amounts
necessary to allow the transferee taxpayer to take into account
the credit transferred, including the following.
a. The form number and part number (if applicable) of the
credit as shown on the applicable line of Form 3800, Part III (for
example, advanced manufacturing production credit is “Form
7207” on line 1b of Part III); the total amount of the credit
determined with respect to the facility or property in column (d)
or (e); and the amount of the transferred credit (or a portion
thereof) in column (f).
b. The tax year of the eligible taxpayer and the first tax year
in which the credit portion will be taken into account by the
transferee taxpayer.
c. The amount(s) of the cash consideration and date(s) on
which paid by the transferee taxpayer.
d. The IRS-issued registration number related to the facility
or property in column (b) of Part III or V.
3. A statement attesting that the eligible taxpayer or any
member of its controlled group is not related to the transferee
taxpayer or any member of its controlled group within the
meaning of section 267(b) or section 707(b)(1).
4. A statement or representation from the eligible taxpayer
that it has complied with all requirements of section 6418 and the
eligible credit code section, including, but not limited to,
prevailing wage, apprenticeship, and domestic content
requirements (if applicable).
5. A statement or representation from the eligible taxpayer
and the transferee taxpayer acknowledging the notification of
recapture requirements under section 6418(g)(3) (if applicable).
Required minimum documentation for Schedule A (Form
3800) or other transfer election statement. Regardless of
whether Schedule A (Form 3800) or another document is used,
the eligible transferor taxpayer must provide to a transferee
taxpayer the following minimum documentation.

Instructions for Form 3800 (2025)

DRAFT

DRAFT

Transfer of Eligible Credits Under Section 6418

see the instructions below for information about completing
Schedule A (Form 3800).

TREASURY/IRS AND OMB USE ONLY DRAFT
1. Information that validates the existence of the eligible
credit property, which could include evidence prepared by a third
party (such as a county board or other governmental entity, a
utility, or an insurance provider);
2. If applicable, documentation substantiating that the
eligible taxpayer has satisfied the requirements to include any
bonus credit amounts (as defined in Regulations section
1.6418-1(c)(3)) in the eligible credit that was part of the
transferred credit portion; and
3. Evidence of the eligible taxpayer’s qualifying costs in the
case of a transfer of an eligible credit that is determined based
on investment, or the amount of qualifying production activities
and sales amounts, as relevant, in the case of a transfer of an
eligible credit that is a production credit.

Transferees of Eligible Credits Under Section
6418

To report the transferred credit on Form 3800, if there are
multiple facilities for which you’re receiving one of the eligible
credits, complete Part V and then Part III. In Part V, list separately
the credit transferred from each facility or from each
pass-through entity using the registration number(s) provided by
the transferor(s). In Part III, combine the amounts from all
facilities and all pass-through entities for each credit. Enter in
column (b) the first registration number obtained for each credit.
If there is only one facility or one pass-through entity from which
you have received a credit transfer of one of the above credits,
you do not need to use Part V.
Transferee partnerships and S corporations. Partnerships
and S corporations which are transferees attach a transfer
election statement to their Form 1065 or Form 1120-S,
respectively, for each credit transferred to them, and complete
the applicable line(s) of Part III (and Part V, if applicable) of Form
3800, including the transfer registration number and EIN of the
transferor in the appropriate columns. Information needed by
partners or shareholders to report their allocable share of the
transferred credit is provided by the partnership or S corporation
on Schedule K-1 (Form 1065), box 15, code BC; or
Schedule K-1 (Form 1120-S), box 13, code BC. Each partner or
shareholder completes the applicable line(s) of their Part III (and
Part V, if applicable) of Form 3800, including the registration
number of the transferor and EIN of the partnership or S
corporation. This reporting is repeated for subsequent tiers of
partners or shareholders.

Columns (a) Through (j)
Current-year credits. Current-year general business credits
available are listed by form number in the first column.
Column (a), Number of items. If in Part V you listed multiple
facilities or multiple pass-through entities for any credit, enter in
column (a) of Part III the number of facilities and/or pass-through
entities listed for that credit in Part V. Otherwise, you can leave
column (a) blank.
Column (b), Elective payment or transfer registration number. If an EPE or a transfer election has been made, enter the
registration number (as shown on the source credit form) in
column (b). If there are multiple facilities for the same credit
listed in Part V, enter in column (b) of Part III the first registration
number listed for that credit in Part V. If you are not making an
EPE or transfer election, leave column (b) blank. If you obtained
a registration number for an IRA 2022 or CHIPS 2022 credit but
Instructions for Form 3800 (2025)

Column (c), Pass-through or transfer credit entity EIN.
• Complete column (c) only if you are receiving the credit on a
Schedule K-1 from a pass-through entity, or receiving as
transferee the credit from an unrelated taxpayer.
• If you are reporting a credit allocated to you from a
pass-through entity, enter that pass-through entity’s employer
identification number (EIN) under column (c) for that credit.
• If you are reporting a credit reported to you on Form
1099-PATR, Taxable Distributions Received From Cooperatives,
enter that cooperative’s EIN under column (c) for that credit.
• If there are multiple pass-through entities for the same credit,
report the credit for each pass-through entity in Part V and then
enter the EIN of the pass-through entity allocating the greatest
amount of the credit to you in Part III, column (c).
• If you are reporting a transferred credit received from a
transferor under section 6418, enter that transferor’s EIN under
column (c) for that credit.
• If there are multiple transferors for the same credit, report the
credit for each transferor in Part V, and then enter the EIN of the
transferor that transferred the greatest amount of the credit to
you in Part III, column (c).
Column (d), Credits subject to the passive activity limit, before application of the limit. Enter your current-year credits
that are subject to the passive activity limitations before the
application of the passive activity credit limitations of Form
8582-CR or Form 8810. See section 469.
Column (e), Credits not subject to the passive activity limits. Enter the amount of your current-year credit that is not
subject to the passive activity limitation of section 469 because
of your material participation in the trade or business.
Column (f), Credit transfer election amount. Indicate the
transfer election by entering the amount transferred by you to
another entity as a negative amount. If you are a transferee,
enter the amount transferred to you as a positive amount.
Column (h), Gross elective payment election (EPE)
amount. Enter the amount of the gross EPE based on the total
credit for which an EPE is being made before calculating the net
EPE amount and before considering limitations from Part II. See
Line 6, column (h), later.
Column (i), Amount of column (g) applied against tax in
Part II. Use the order in which credits are used, earlier, to
determine the order in which to apply your credits to your tax
liability.
Credits carried forward (Part II, line 34) are applied to your tax
liability before current-year credits in Part III.
See the instructions for line 6 of Part III, column (j), below.
Column (j), Net EPE amount. The net EPE amount is the
smaller of:
• column (h), or
• column (g) minus column (i).
If you have no tax liability figured in Part II, enter the amount from
column (h) as the net EPE amount in column (j).
If you are making an EPE for one credit, enter the figured net
EPE amount in column (j).
If you are making EPEs for multiple credits and your figured
net EPE amount is less than the sum of such credits, the net
EPE amount and any remainder amount for each credit is
determined based on the listing under Order in which credits are
used, earlier.

Limitation on Certain Credits Reported in Part III
The aggregate amount from each credit form is usually reported
on the appropriate line of Form 3800, Part III, to reflect
self-generated credit sources and all pass-through entity
9

DRAFT

DRAFT

A transferee taxpayer, including a partnership or an S
corporation, which receives an eligible credit (or a portion
thereof) from an unrelated eligible taxpayer, takes that credit into
account in its first tax year ending with, or after, the tax year of
the eligible taxpayer that otherwise earned and reported the
credit on the appropriate source credit form. The transferee
taxpayer (and not the eligible taxpayer) is treated as the taxpayer
with respect to such credit (or a portion thereof).

later decide not to make an EPE or transfer election for that
credit, leave column (b) blank.

TREASURY/IRS AND OMB USE ONLY DRAFT
sources. However, certain credits have limitations imposed. They
include:
• Form 8826, line 8—$5,000 limitation for the overall credit
(reported on Part III, line 1e); and
• Form 8882, line 7—$150,000 limitation for the overall credit
(reported on Part III, line 1k).

Line 1k

In situations where there is a limitation on the credit amount,
the limited amount allowed is allocated pro rata and anything
above the limitation is lost.

Credit limitations apply to certain taxpayers claiming the new
clean vehicle credit (Form 8936, Part II) or the clean commercial
vehicle credit (Form 8936, Part V). See Part I-Modified Adjusted
Gross Income (MAGI) Amount in the Instructions for Form 8936,
Clean Vehicle Credits.

Lines 1a, 1d, 1o, 1v, 4a, and 4k

If you are a cooperative described in section 1381(a), you must
allocate to your patrons the investment credit in excess of your
tax liability limit. Allocate to your patrons the portion, if any, of the
investment credit on Part I line 6; or Part II, line 36, in excess of
Part II, line 16 or line 29, respectively. While any excess is
allocated to patrons, any credit recapture applies as if you, as
the cooperative, had claimed the entire credit.
Note: Any carryforward of the qualifying therapeutic discovery
project credit may be claimed on Part IV, line 2w.
Caution: A qualified small business must complete Form 3800
before completing Section D of Form 6765 if the payroll tax credit
is being claimed. See the Instructions for Form 6765 for more
details.
Eligible small businesses, enter your research credit on
line 4i. See the definition of Eligible Small Business, earlier. All
others, enter your research credit on line 1c.
Partners and S corporation shareholders, see Treatment of
partners and S corporation shareholders under Eligible Small
Business, earlier.
Research credit limitation. If you are an individual, the amount
of the research credit that may be included on Part III, line 1c or
line 4i, is limited to the amount of tax attributable to your taxable
income from the sole proprietorship or your interest in the
pass-through entity (partnership, S corporation, estate, or trust)
generating the credit. Figure the research credit limitation
separately for each sole proprietorship or pass-through entity by
using the following formula.
Taxable income attributable to the sole proprietorship or your
interest in the pass-through entity
Part II, line 11 ×
Your taxable income for the year

The sum of the fractions used for determining the limits can’t
exceed 1. The research credit used to determine the limitation is
the sum of the current-year credit (determined without regard to
the limitation), any carryforwards (adjusted for any payroll tax
credit claimed) of the credit not used in prior years, and any
carryback of the credit from 2026. For information on how to
figure your taxable income for the year, your taxable income
attributable to the sole proprietorship, or your interest in the
pass-through entity, see Regulations sections 1.41-7(c) and
1.53-3.
If in the current tax year you had no taxable income
attributable to a particular business interest, you can’t claim any
research credit this year related to that business. If any of your
research credit isn’t allowed to be used because of this
limitation, see Carryback and Carryforward of Unused Credit,
earlier.

Line 1e

When reporting the disabled access credit from Form 8826 on
Part III, line 1e, don’t enter more than $5,000.

10

Lines 1y and 1aa

Line 1bb

Enter the amount from Form 8904, Credit for Oil and Gas
Production From Marginal Wells, line 8, or from the applicable
line of your Schedule K-1. See the Instructions for Form 8904 for
more information.

Line 1ff

Enter the amount of sustainable aviation fuel (SAF) from Form
8864.

Lines 4a Through 4z

Enter the amount of the specified credit on the applicable line.
See also the instructions for lines 1c and 4i, earlier.

Line 4h

Tax-exempt eligible small employers, other than certain farmers’
cooperatives, don’t report the credit for small employer health
insurance premiums on Part III, line 4h. Eligible tax-exempt small
employers will report this credit directly on line 6f of Part III of
Form 990-T.

Line 6, column (f)

If you are a partnership or S corporation that received an eligible
credit(s) from a transferor(s) under a section 6418 election,
report the positive amounts included in the total of line 6, column
(f), on Schedules K and K-1. See the instructions for Form 1065
and Form 1120-S for the information that you must provide to
your partners or shareholders to report their distributive shares
of such credits on their Forms 3800 attached to their income tax
returns.
Partners and shareholders enter the distributive share of each
transferred credit on the applicable line(s) of their Form 3800,
Part III, and Part V, if applicable.

Line 6, column (h)

Partnerships and S corporations report the total gross EPE
amount from Part III, line 6, column (h), on the designated line of
your return, shown below. Copy the amount from column (h) to
column (j). See also the instructions for Forms 1065 and 1120-S
for additional reporting information.
• Form 1120-S, U.S. Income Tax Return for an S Corporation,
line 24d.
• Form 1065, U.S. Return of Partnership Income, line 29.
A taxpayer reporting an amount on Form 990-T that doesn’t
have unrelated business taxable income (UBTI) does not need
to complete Part I and Part II of Form 3800.

Line 6, column (j)

If you are required to complete Parts I and II of Form 3800 to
determine the general business credit(s) allowed for the current
year (if any), report the total net EPE amount from Part III, line 6,
column (j), on the designated line of your return shown below.
• Form 1120, U.S. Corporation Income Tax Return, Schedule J,
line 22a.
• Form 1120-F, U.S. Income Tax Return of a Foreign
Corporation, line 5j.
Instructions for Form 3800 (2025)

DRAFT

DRAFT

Lines 1c and 4i

When reporting the credit for employer-provided childcare
facilities and services from Form 8882 on Part III, line 1k, don’t
enter more than $150,000.

TREASURY/IRS AND OMB USE ONLY DRAFT

• Form 1120-L, U.S. Life Insurance Company Income Tax
Return, line 27h.
• Form 1120-H, U.S. Income Tax Return for Homeowners
Associations, line 23f.
• Form 1120-POL, U.S. Income Tax Return for Certain Political
Organizations, line 23d.
• Form 1120-C, U.S. Income Tax Return for Cooperative
Associations, line 30h.
• Form 1120-PC, U.S. Property and Casualty Insurance
Company Income Tax Return, line 16f.
• Form 1120-RIC, U.S. Income Tax Return for Regulated
Investment Companies, line 28g.
• Form 1120-REIT, U.S. Income Tax Return for Real Estate
Investment Trusts, line 25g.
• Form 1041, U.S. Income Tax Return for Estates and Trusts,
Schedule G, line 18a.
• Form 1041-N, U.S. Income Tax Return for Electing Alaska
Native Settlement Trusts, line 19.
• Form 1041-QFT, U.S. Income Tax Return for Qualified Funeral
Trusts, line 18.
• Form 990-T, Exempt Organization Business Income Tax
Return, Part III, line 6g.
• Form 1040, U.S. Individual Income Tax Return, Schedule 3,
line 13c.

and enter in Part IV, column (a), the number of source credit
forms for each credit.

Use Parts IV and VI to record the carryforwards and carrybacks.
The information on Parts IV and VI comes from your tax returns
and schedules for prior years for carryforwards (and subsequent
year, for carrybacks). These include Form 3800, Schedules K-1,
and your related work papers. If you checked the boxes on Part I,
line 4; and Part II, line 34, you must attach the required
statement, discussed next. See Carryback and Carryforward of
Unused Credit, earlier.

Column (h), Amount of columns (e) and (f) recaptured or
otherwise adjusted. Enter amounts you report as recaptured
(whether on Form 4255 or elsewhere), as well as amounts
adjusted on audit or otherwise.

Caution: In general, no part of the unused credit for any year
attributable to any credit can be carried back to any tax year
before the first tax year for which that credit was first allowable.
Exceptions apply for the marginal oil and gas well production
credit in section 45 (5-year carryback), and the applicable credits
in section 6417(b) (3-year carryback).
Required statement. For each credit, attach a statement with
the following information.
• Show the tax year in which the credit originated, the amount of
the credit as reported on the original return, and the amount
allowed for that year. Also, state whether the total carryforward
amount was changed from the originally reported amount and
identify the type of credit(s) involved. If the revised carryforward
amount relates to unused additional research credits, attach an
additional statement detailing the changes to the originally
reported Form 6765 information for all originating credit years
applicable.
• For each carryback year, show the year and the amount of the
credit allowed after you applied the carryback.
• For each carryforward year, show the year and the amount of
the credit carryforward allowed for that year.
Note: Individuals claiming the research credit from a sole
proprietorship or pass-through entity don’t include any
carryforward of that credit on Part I, line 4, before figuring the
limitation on Part III, line 1c. Include the carryforward when
figuring the research credit limitation on line 1c of Part III. Then,
include the allowable carryforward amount on Part I, line 4, and
attach the statement required above.
Adjustment for the payroll tax credit. A qualified small
business that elected on Form 6765 to claim a portion of its
research credit as a payroll tax credit must reduce its research
credit carryforward by the amount elected as a payroll tax credit.
Column (a), Number of items. If you have multiple source
credit forms for the same credit, provide a breakdown in Part VI
Instructions for Form 3800 (2025)

Column (c), Pass-through entity EIN. If the credit was
allocated to you from a pass-through entity, enter the EIN of the
pass-through entity. If multiple pass-through entities are listed for
the credit in Part VI, enter the EIN of the entity allocating the
greatest amount of the credit to you.
Column (d), Carryovers subject to the passive activity limits before the passive activity limitations. Enter the full
amounts of credit carryovers earned in your passive activities.
Column (e), Carryovers subject to the passive activity limits after the passive activity limitations. Use Form 8582-CR
or Form 8810 to figure the amounts of credits available to offset
current-year tax on activities that, for you, are passive.
Column (f), Carryovers not subject to the passive activity
limits. Enter credits earned in activities that, for you, are not
passive.
Column (g), Amount of columns (e) and (f) applied against
tax in Part II. Line 7 of this column should equal to the sum of
Part II, lines 33, 34, and 35.

Column (i), Carryforward to 2026. Subtract the sum of
columns (g) and (h) from the sum of columns (e) and (f).
Line 1. Lines 1a through 1gg list the same credits shown on
Part III, lines 1a through 1gg.
Carryforward of certain other credits. Use Part IV, line 2zz,
to enter any carryforward to 2025 of any unused credit from the
general business credits no longer listed on Form 3800 due to,
for example, expiration of a tax provision.
Caution: If any carryforward amount is entered on Part IV, lines
1a through 1zz, see Required statement, earlier.
Line 2. Lines 2a through 2x are for expired credits for which only
carryforwards are allowed. Use line 2zz for the carryforward of
any credit not listed for which only carryforwards are generally
allowed. Attach a statement with the name and form number of
the credit. See required statement, earlier, if you revised any
carryforwards on line 2. The pre-2008 section 42 low-income
housing credit should be reported on Part IV, line 2b. The
pre-2008 section 47 rehabilitation credit should be reported on
Part IV, line 2zz.
Line 2a. Enter the amount from Form 5884-A, Employee
Retention Credit for Employers Affected by Qualified Disasters.
Line 2o. Enter the amount from Form 5884-A, Section A
(employers affected by Hurricane Katrina, Rita, or Wilma).
Line 2p. Enter the amount from Form 5884-A, Section B
(Hurricane Katrina housing).
Line 2q. Enter the amount from Form 5884-A, Section A
(affected Midwestern disaster area employers).
Line 2r. Enter the amount from Form 5884-A, Section B
(employer housing).
Line 2s. Enter the amount from Form 5884-B (new hire
retention).
Line 3. This line is for carryforwards and carrybacks of the
empowerment zone credit (Form 8844) and carryforwards of the
renewal community employment credit.

11

DRAFT

DRAFT

Part IV. Carryovers of General
Business Credits (GBCs)

Column (b), Originating tax year. Enter the tax year from
which the carryover arises. This could be a prior year or, in the
case of an amended return, the subsequent year. If there are
various years for the same credit, enter the most recent year.

TREASURY/IRS AND OMB USE ONLY DRAFT
Line 4. Lines 4a through 4k are for carryforwards and
carrybacks of specified credits identified in section 38(c)(4)(B).
Line 4y. If you were an eligible small business in tax year 2010,
enter on this line carryforwards of credits from tax year 2010
claimed under Public Law 111-240, section 2013. Attach a
statement identifying the credits and amounts of previously
claimed carryforwards.

Part V. Breakdown of Aggregate
Amounts in Part III for
Facility-by-Facility, Multiple
Pass-Through Entities, etc.

If any of the amounts entered in Part III (aside from totals) are
aggregate figures from more than one facility or more than one
pass-through entity, provide breakdowns of those amounts by
EPE or transfer registration number and by the EIN of the
pass-through entity, if applicable, in Part V. Use only the columns
applicable for the particular credits you are reporting.

Column (b), Elective payment or transfer registration number. Enter the elective payment or transfer registration number
obtained from the IRS for the credit or the facility.
EIN. Column (c)(1), Pass-through entity EIN. If you were
allocated this credit by a pass-through entity, enter the EIN of the
partnership, S corporation, or other pass-through entity.
EIN. Column (c)(2), Transferor entity EIN. If you are a
transferor or transferee of a credit under section 6418, enter the
transferor’s EIN.
Credits subject to the passive activity limit. List in columns
(d)(1) through (d)(4) the credits that, for you, arise from passive
activities as defined in section 469.
Column (d)(1), Credits other than credit transfer election
credits. Enter credit amounts other than those to which the
transfer provisions of section 6418 apply.
Column (d)(2), Credit transfer election credits sold. Enter
credit amounts you transferred under section 6418.
Column (d)(3), Credit transfer election credits purchased.
Enter credit amounts transferred to you under section 6418.
Column (d)(4), Credits from columns (d)(1) (less column
(d)(2)) and (d)(3) allowed after limit. Subtract the amount in
column (d)(2) from the amount in column (d)(1); then, add the
amount in column (d)(3). Figure the amount allowed using Form
8582-CR or Form 8810, if applicable, and enter the result.
Credits not subject to the passive activity limit. List in
columns (e), (f)(1), and (f)(2) the credits that, for you, arise from
activities not defined in section 469 as passive activities.
Column (e), Credits other than transfer election credits.
Enter credit amounts that are self-earned or allocated to you by a
pass-through entity.
Column (f)(1), Transfer election credits sold. Enter credit
amounts that you transferred under section 6418.
Column (f)(2), Purchased transfer election credits not subject to passive activity limit. Enter credit amounts transferred
to you under section 6418.
Column (g), Combine columns (d)(4), (e), (f)(1), and (f)(2).
Add columns (d)(4), (e), and (f)(2), and then subtract column (f)
(1).

12

Note: Credits that are transferred by you or that are transferred
to you under section 6418 are not eligible for the section 6417
EPE.
Column (h)(2), Subtract column (h)(1) from column (g)
(credit excluding EPE). Subtracting column (h)(1) from column
(g) gives the amount of credit that does not include the gross
EPE amount. This subtraction result may include credit amounts
that, for you, are subject to the passive activity rules of section
469, and therefore only applicable to tax on your passive
activities.
Column (i)(1), Amount of column (h)(2) applied against tax
in Part II. See Order in which credits are used to determine the
order in which to apply your credits to your tax liability.
Note: Credits carried forward (Part II, line 34) are applied to your
current-year tax liability before current-year credits on Part III or
Part V.
Column (i)(2), Amount of EPE applicable credit in column
(h)(1) applied against tax in Part II. Amounts in column (h)(1)
must first be applied to tax (if any) before being treated as a
payment.
Column (j), Net EPE amount. Subtract column (i)(2) from
column (h)(1). The result of subtracting column (i)(2) from
column (h)(1) provides the net EPE amount. All or a portion of
the net EPE amount may be applied as a payment of tax
remaining after credits.
Column (k), Carryforward to 2026. Subtract column (i)(1)
from column (h)(2). The carryforwards in this column will be
included in your 2026 Form 3800, Part IV.

Part VI. Breakdown of Aggregate
Amounts in Part IV

If any of the amounts entered in Part IV (aside from totals) are
aggregate figures from more than 1 year or more than one
pass-through entity, provide breakdowns of those figures by tax
year and by the EIN of the pass-through entity, if applicable, in
Part VI. Use only the columns applicable for the particular credits
you are reporting.
Paperwork Reduction Act Notice. We ask for you to obtain
the information on this form to carry out the Internal Revenue
laws of the United States. You are required to obtain this
information. You are not required to obtain the information
requested on a form that is subject to the Paperwork Reduction
Act unless the form displays a valid OMB control number. Books
or records relating to a form, or its instructions must be retained
as long as their contents may become material in the
administration of any Internal Revenue law. Generally, tax returns
and return information are confidential, as required by Internal
Revenue Code section 6103. The time needed to complete and
file this form will vary depending on individual circumstances.
The estimated burden for individual filers is approved under
OMB control number 1545-0074; for tax exempt filers, under
OMB control number 1545-0047; for business filers is approved
under OMB control number 1545-0123; and trust filers is
approved under OMB control number 1545-0092. For the
estimated averages, see the instructions for your income tax
return. If you have comments concerning the accuracy of these
time estimates or suggestions for making this form simpler, we
would be happy to hear from you. See the instructions for the tax
return with which this form is filed.

Instructions for Form 3800 (2025)

DRAFT

DRAFT

Column (a), Part III line number. Enter the applicable line
number from the left margin of Part III. Include the numeral and
the alpha character. For example, the line number in Part III for
Form 7207 is 1b.

Column (h)(1), Gross EPE amount. Portion of column (g)
eligible for the section 6417 EPE election or the section
48D EPE.