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Transferable Tax Credits for C Corporations

Quick answer

A C corporation with federal income tax can buy transferable credits under IRC §6418 for cash at a discount and use them against regular tax, up to the §38(c) limit. The credit is claimed on Form 3800. Closely held corporations face passive-activity limits, and buyers diligence recapture and foreign-entity risk before signing.

A C corporation with federal income tax liability can buy transferable credits under IRC §6418 and use them against regular tax, subject to the §38(c) limit. You pay cash at a discount to the credit's face value, your CPA reports the credit on Form 3800, and the savings can be reflected in your quarterly estimates.

Reduce federal tax

Purchased credits are general business credits under §38. Capacity is about 75% of net regular tax plus $6,250 when the minimum tax is zero.

Time the benefit

The IRS lets buyers consider credits they have purchased, or intend to purchase, in estimated payments.

Keep it clean

We coordinate registration numbers, indemnity, insurance and your auditors' ASC 740 questions.

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Who it fits

  • C corporations with meaningful federal income tax and a CPA to document the transaction.
  • Companies whose own credits do not use their full §38(c) capacity.
  • Closely held C corporations with net active income (see the passive-rule guide).

Educational information, not tax advice. Savings depend on the credit being allowed and on your tax position. See our disclaimer.

Guides for C corporations

Frequently asked questions

Can a C corporation buy tax credits to lower federal income tax?

Yes. Under IRC §6418 a C corporation can buy eligible clean energy credits for cash and apply them against regular federal income tax, subject to the §38(c) general business credit limit.

How much purchased credit can a C corporation use in a year?

Under §38(c) the limit is generally net income tax minus the greater of tentative minimum tax or 25% of net regular tax above $25,000. When tentative minimum tax is zero that is roughly 75% of regular tax plus $6,250. Unused credit can be carried back or forward.

Are closely held C corporations treated differently?

Yes. The IRS says closely held C corporations and personal service corporations are subject to the passive activity rules for purchased credits. A closely held C corporation that is not a personal service corporation may be able to use the credit against tax on net active income under §469(e)(2). Widely held C corporations are generally outside §469.

How is a purchased credit reported?

The buyer reports it as a general business credit on Form 3800 and includes the required transfer election information, including the seller's registration number. Your CPA confirms the filing mechanics.

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