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Propane Forklift Tax CreditIn 2005, Congress enacted the Safe, Accountable, Flexible and Efficient Transportation Equity Act of 2005, otherwise known as the Highway Bill (P.L. 109-59). Among other things, the legislation modestly increased excise taxes on alternative fuels while at the same time creating a 50 cent per gallon credit for alternative fuels, including propane, used in motor vehicles. These provisions went into effect on October 1, 2006, with the ultimate goal of encouraging the use of alternative fuels. Congress did increase the federal excise tax on most fuels, including propane, although propane received the smallest increase; the tax on propane went from 13.6 cents per gallon to 18.3 cents per gallon. Moreover, it should be emphasized that sales of propane for use in forklifts remain exempt from the federal excise tax on motor fuels by way of a credit available to the ultimate purchaser. In providing further guidance re-garding the legislation, the Internal Revenue Service (IRS) made clear that forklifts fit the definition of an off-highway business motor vehicle and hence fuel used in a forklift is eligible for the 50 cent per gallon credit. Moreover, the IRS indicated that in this instance it is the end-user, namely the forklift operator, who is entitled to apply for the credit, not the propane marketer. Therefore, forklift operators should be aware that the fuel they use for forklift operation will be eligible for a 50 cent per gallon credit assuming they take appropriate steps to properly register with the IRS. As a first step, forklift operators should file Form 637 with the IRS in order to be registered as an Alternative Fueler. The IRS will then issue a registration number identifying the forklift operator as an Alternative Fueler. After receiving a registration number, the forklift operator can file a claim for the credit at the end of the year by filing Form 4136. If the alternative fuel excise tax credit exceeds the excise tax liability, the forklift operator may be able to claim an alternative fuel income tax credit (or refund) under certain circumstances. For more information about this tax credit, please consult your tax attorney. Relevant IRS forms may be viewed and downloaded by going to www.irs.gov/formspubs/index.html.
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The MHEDA Journal Fall 2007 Volume 36, No. 4 Entire contents are Copyright © Data Key Communications, Inc. All rights reserved. Nothing may be reproduced in whole or part without written permission of the publisher.