Par. 20. Sections 48.6426-1 through 48.6426-7 are added to read as follows:
(a) Overview. This section provides rules under which an alternative fueler (unmixed fuel) may claim an excise tax credit under section 6426, a payment under section 6427, or an income tax credit under section 34. These claims are based on the amount of alternative fuel sold or used. For the applicable claim rate, see section 6426.
(b) Conditions to allowance —(1) Excise tax credit. A claim for the alternative fuel excise tax credit with respect to alternative fuel sold for use or used as a fuel in a motor vehicle or motorboat is allowed under section 6426 only if each of the following conditions is satisfied:
(i) The claimant is the alternative fueler (unmixed fuel) with respect to the fuel.
(ii) The claimant is registered under section 4101 as an alternative fueler (unmixed fuel).
(iii) The claimant has made no other claim with respect to the alternative fuel or, if another claim has been made, such other claim is disregarded under this paragraph (b)(1)(iii). A claim is disregarded under this paragraph (b)(1)(iii) if it is an erroneous claim under section 6427 and either the claim has been disallowed or the claimant has repaid the government the amount received under section 6427 with interest.
(iv) The claimant has filed a timely claim on Form 720, “Quarterly Federal Excise Tax Return,” that contains all the information required by the claim form described in paragraph (c) of this section.
(2) Payment or income tax credit. A claim for an alternative fuel payment under section 6427 or an income tax credit under section 34 is allowed only if—
(i) The conditions of paragraphs (b)(1)(i) and (ii) of this section are met;
(ii) The sale or use is in the claimant's trade or business; and
(iii) The claimant has filed a timely claim for payment on Form 8849, “Claim for Refund of Excise Taxes,” or for a credit on Form 4136, “Credit for Fuel Tax Paid on Fuels,” that contains all the information required by paragraph (c) of this section.
(3) Overall limitations on credits and payments. See § 48.6426-7(b) for overall limitations on credits and payments allowed with respect to alternative fuel under sections 34, 6426, and 6427.
(c) Content of claim. Each claim for an alternative fuel credit or payment must contain the following information with respect to the alternative fuel covered by the claim:
(1) The amount of alternative fuel sold or used.
(2) A statement that the conditions to allowance described in paragraph (b) of this section have been met.
(3) A statement that the claimant either—
(i) Produced the alternative fuel it sold or used; or
(ii) Has in its possession—
(A) A record of the name, address, and employer identification number of the person(s) that sold the alternative fuel to the claimant and the date of purchase; and
(B) An invoice or other purchase documentation identifying the alternative fuel.
(4) In the case of liquefied natural gas (LNG) that the claimant sold in bulk for the exclusive use of the State and delivered into a bulk supply tank that can only fuel motor vehicles or motorboats of the State, a statement that the claimant has in its possession a written waiver, signed under penalties of perjury by a person with authority to bind the State, stating that the LNG is delivered in bulk for the exclusive use of the State in a motor vehicle or motorboat and that the State gives up its right to claim any alternative fuel credit for such LNG.
(d) Effective/applicability date. This section is applicable on and after the date these regulations are published as final regulations in the Federal Register