Clean vehicle credit
Allowance of credit
Per vehicle dollar limitation
In general
Critical minerals
Battery components
Application with other credits
Business credit treated as part of general business credit
Personal credit
New clean vehicle
For purposes of this section—
In general
The term “new clean vehicle” means a motor vehicle—
the original use of which commences with the taxpayer,
which is acquired for use or lease by the taxpayer and not for resale,
which is made by a qualified manufacturer,
which is treated as a motor vehicle for purposes of title II of the Clean Air Act,
which has a gross vehicle weight rating of less than 14,000 pounds,
which is propelled to a significant extent by an electric motor which draws electricity from a battery which—
has a capacity of not less than 7 kilowatt hours, and
is capable of being recharged from an external source of electricity,
the final assembly of which occurs within North America, and
for which the person who sells any vehicle to the taxpayer furnishes a report to the taxpayer and to the Secretary, at such time and in such manner as the Secretary shall provide, containing—
the name and taxpayer identification number of the taxpayer,
the vehicle identification number of the vehicle, unless, in accordance with any applicable rules promulgated by the Secretary of Transportation, the vehicle is not assigned such a number,
the battery capacity of the vehicle,
verification that original use of the vehicle commences with the taxpayer,
the maximum credit under this section allowable to the taxpayer with respect to the vehicle, and
in the case of a taxpayer who makes an election under subsection (g)(1), any amount described in subsection (g)(2)(C) which has been provided to such taxpayer.
Motor vehicle
Qualified manufacturer
Battery capacity
Final assembly
New qualified fuel cell motor vehicle
Excluded entities
For purposes of this section, the term “new clean vehicle” shall not include—
any vehicle placed in service after
any vehicle placed in service after
Critical mineral and battery component requirements
Critical minerals requirement
In general
The requirement described in this subparagraph with respect to a vehicle is that, with respect to the battery from which the electric motor of such vehicle draws electricity, the percentage of the value of the applicable critical minerals (as defined in section 45X(c)(6)) contained in such battery that were—
extracted or processed—
in the United States, or
in any country with which the United States has a free trade agreement in effect, or
recycled in North America,
is equal to or greater than the applicable percentage (as certified by the qualified manufacturer, in such form or manner as prescribed by the Secretary).
Applicable percentage
For purposes of subparagraph (A), the applicable percentage shall be—
in the case of a vehicle placed in service after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before
in the case of a vehicle placed in service during calendar year 2024, 50 percent,
in the case of a vehicle placed in service during calendar year 2025, 60 percent, and
in the case of a vehicle placed in service during calendar year 2026, 70 percent.
Battery components
In general
Applicable percentage
For purposes of subparagraph (A), the applicable percentage shall be—
in the case of a vehicle placed in service after the date on which the proposed guidance described in paragraph (3)(B) is issued by the Secretary and before
in the case of a vehicle placed in service during calendar year 2024 or 2025, 60 percent, and
in the case of a vehicle placed in service during calendar year 2026, 70 percent.
Regulations and guidance
In general
Deadline for proposed guidance
Special rules
Basis reduction
No double benefit
Repealed. Pub. L. 117–169, title I, § 13401(g)(2)(B)(i), Aug. 16, 2022, 136 Stat. 1960]
Property used outside United States not qualified
Recapture
Election not to take credit
Interaction with air quality and motor vehicle safety standards
A vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with—
the applicable provisions of the Clean Air Act for the applicable make and model year of the vehicle (or applicable air quality provisions of State law in the case of a State which has adopted such provision under a waiver under section 209(b) of the Clean Air Act), and
the motor vehicle safety provisions of sections 30101 through 30169 of title 49, United States Code.
One credit per vehicle
VIN requirement
Limitation based on modified adjusted gross income
In general
No credit shall be allowed under subsection (a) for any taxable year if—
the lesser of—
the modified adjusted gross income of the taxpayer for such taxable year, or
the modified adjusted gross income of the taxpayer for the preceding taxable year, exceeds
the threshold amount.
Threshold amount
For purposes of subparagraph (A)(ii), the threshold amount shall be—
in the case of a joint return or a surviving spouse (as defined in section 2(a)), $300,000,
in the case of a head of household (as defined in section 2(b)), $225,000, and
in the case of a taxpayer not described in clause (i) or (ii), $150,000.
Modified adjusted gross income
Manufacturer’s suggested retail price limitation
In general
Applicable limitation
For purposes of subparagraph (A), the applicable limitation for each vehicle classification is as follows:
Vans
Sport utility vehicles
Pickup trucks
Other
Regulations and guidance
Transfer of credit
In general
Eligible entity
For purposes of this subsection, the term “eligible entity” means, with respect to the vehicle for which the credit is allowed under subsection (a), the dealer which sold such vehicle to the taxpayer and has—
subject to paragraph (4), registered with the Secretary for purposes of this paragraph, at such time, and in such form and manner, as the Secretary may prescribe,
prior to the election described in paragraph (1) and not later than at the time of such sale, disclosed to the taxpayer purchasing such vehicle—
the manufacturer’s suggested retail price,
the value of the credit allowed and any other incentive available for the purchase of such vehicle, and
the amount provided by the dealer to such taxpayer as a condition of the election described in paragraph (1),
not later than at the time of such sale, made payment to such taxpayer (whether in cash or in the form of a partial payment or down payment for the purchase of such vehicle) in an amount equal to the credit otherwise allowable to such taxpayer, and
with respect to any incentive otherwise available for the purchase of a vehicle for which a credit is allowed under this section, including any incentive in the form of a rebate or discount provided by the dealer or manufacturer, ensured that—
the availability or use of such incentive shall not limit the ability of a taxpayer to make an election described in paragraph (1), and
such election shall not limit the value or use of such incentive.
Timing
Revocation of registration
Tax treatment of payments
With respect to any payment described in paragraph (2)(C), such payment—
shall not be includible in the gross income of the taxpayer, and
with respect to the dealer, shall not be deductible under this title.
Application of certain other requirements
In the case of any election under paragraph (1) with respect to any vehicle—
the requirements of paragraphs (1) and (2) of subsection (f) shall apply to the taxpayer who acquired the vehicle in the same manner as if the credit determined under this section with respect to such vehicle were allowed to such taxpayer,
paragraph (6) of such subsection shall not apply, and
the requirement of paragraph (9) of such subsection (f) shall be treated as satisfied if the eligible entity provides the vehicle identification number of such vehicle to the Secretary in such manner as the Secretary may provide.
Advance payment to registered dealers
In general
Excessive payments
Treatment of advance payments
Dealer
Indian tribal government
Recapture
Termination
Source
(Added Pub. L. 110–343, div. B, title II, § 205(a),Notes
Editorial Notes
References in Text
Amendments
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment; Transition Rule
In general.—
Except as provided in paragraphs (2), (3), (4), and (5), the amendments made by this section [amending this section and sections 30B, 38, 6213, and 6501 of this title] shall apply to vehicles placed in service after
Final assembly.—
The amendments made by subsection (b) [amending this section] shall apply to vehicles sold after the date of enactment of this Act [
Per vehicle dollar limitation and related requirements.—
The amendments made by subsections (a) and (e) [amending this section] shall apply to vehicles placed in service after the date on which the proposed guidance described in paragraph (3)(B) of section 30D(e) of the Internal Revenue Code of 1986 (as added by subsection (e)) is issued by the Secretary of the Treasury (or the Secretary’s delegate) [proposed guidance issued
Transfer of credit.—
The amendments made by subsection (g) [amending this section] shall apply to vehicles placed in service after
Elimination of manufacturer limitation.—
The amendment made by subsection (d) [amending this section] shall apply to vehicles sold after
“Solely for purposes of the application of section 30D of the Internal Revenue Code of 1986, in the case of a taxpayer that—
after
placed such vehicle in service on or after the date of enactment of this Act,
such taxpayer may elect (at such time, and in such form and manner, as the Secretary of the Treasury, or the Secretary’s delegate, may prescribe) to treat such vehicle as having been placed in service on the day before the date of enactment of this Act.”