485 Madison Avenue,
9th Floor
New York, NY 10022
Ph: (212) 792-6300
Fax: (212) 792-6350
100 Quentin Roosevelt
Blvd, Suite 516
Garden City, NY 11530
Ph: (516) 542-6300
Fax: (516) 542-9021


IRS Releases Proposed Regulations for IRA’s Clean Vehicle Credit

The Inflation Reduction Act (IRA) extended and expanded the Section 30D Clean Vehicle (CV) Credit, previously known as the Electric Vehicle (EV) Credit. The credit now covers “clean vehicles,” which include plug-in hybrids, hydrogen fuel cell cars and EVs. 

On April 18, 2023, the IRS published proposed regulations to clarify how a CV can qualify for the credit. The proposed regulations effectively limit the number of currently available models that qualify, due to strict sourcing requirements that will apply to CVs that buyers take delivery of on or after April 18, 2023. The federal government is taking steps to help taxpayers identify eligible vehicles. 

Previous EV Credit 

The Sec. 30D EV Credit has been available since 2008. Prior to the IRA, it started at $2,500, with a maximum credit of $7,500. (Note that the EV Credit remains available for qualifying vehicles placed in service on or before April 17, 2023.) 

It was also subject to a cap based on the number of qualifying vehicles a manufacturer had produced. Because of this cap, some popular EVs — including those made by Tesla, Toyota and General Motors — were no longer eligible for the EV Credit. 

Extended and Expanded CV Credit 

The CV Credit continues to top out at $7,500, but the IRA splits it into two parts, based on satisfying new sourcing requirements for both critical minerals and battery components. Vehicles that meet only one of the two requirements are eligible for a $3,750 credit. 

To qualify for the full credit, the vehicle must meet the following criteria: 

  • An applicable percentage of the value of the critical minerals contained in the battery must be extracted or processed in the United States or a country with which it has a free trade agreement or be recycled in North America 
  • An applicable percentage of the value of the battery components must be manufactured or assembled in North America. The IRA increases the applicable percentage for both requirements every year starting in 2023, with initial percentages of 40% for critical minerals and 50% for battery component 
  • Vehicles must undergo final assembly in North America 
  • Have a battery capacity of at least 7 kilowatt hours 
  • Have a gross vehicle weight rating of less than 14,000 pounds 
  • Be made by a qualified manufacturer 

Taxpayers must also buy the vehicle new, and the seller must report the taxpayer’s name and taxpayer identification number to the IRS for the taxpayer to be eligible to claim the credit. 

Taxpayers will not qualify for the credit if: 

  • The van, pickup truck and SUV have a manufacturer’s suggested retail price (MSRP) of more than $80,000 
  • The automobile has an MSRP higher than $55,000 
  • The vehicle contains any critical minerals (after 2025) or battery components (after 2024) from a “foreign entity of concern.” The IRA doesn’t define this term, but the IRS and U.S. Department of Treasury have stated that future guidance will address this provision. 

The credit also is subject to income limitations. It’s not available to taxpayers with a modified adjusted gross income (MAGI) over: 

  • $150,000 for single filers 
  • $300,000, for joint filers 
  • $225,000, for head of household filers 

The credit isn’t refundable and can’t be carried forward if it’s claimed as a personal credit. It can, however, be carried forward if claimed as a general business credit. If a taxpayer uses a qualified vehicle for both personal and business use, and the business use is less than 50% of the total use for a tax year, the credit must be apportioned accordingly. 

Proposed Regulations 

The sourcing requirements are intended to reduce manufacturers’ reliance on suppliers in countries such as China. As a result, many of the proposed regulations are of greater interest to manufacturers than consumers. However, the proposed regulations also include several provisions with useful information for taxpayers, including: 

  • MSRP Clarification: The regulations define MSRP as the sum of 1) the MSRP for a vehicle and 2) the MSRP for each accessory or item of optional equipment that’s physically attached to the vehicle at the time of delivery to the dealer. This information is found on the label affixed to the vehicle’s windshield or side window. Adding optional equipment can result in losing out on the CV Credit in some cases. 
  • “Final Assembly in North America” Requirement: The proposed regulations provide that taxpayers can rely on the final assembly point reported on the label affixed to the vehicle. Alternatively, they can rely on the vehicle’s plant of manufacture reported in the vehicle identification number. North America refers to the United States, Canada and Mexico. 
  • Vehicle Ownership: The proposed regulations discuss the treatment of the credit when a vehicle has multiple owners. They state that only one taxpayer can claim the credit; no allocation or prorating is permitted. In the case of married taxpayers filing jointly, either spouse may be identified as the owner claiming the credit on the seller’s report. 
  • CV as Part of Partnership or S Corporation: If a partnership or S corporation places an eligible CV into service, the credit is allocated among the partners or shareholders. They can claim their portion on their individual tax returns. 
  • MAGI Limit: The credit isn’t available for any taxable year if the lesser of 1) the taxpayer’s MAGI for the year or 2) the taxpayer’s MAGI for the preceding year exceeds the applicable threshold. If a taxpayer’s filing status changes (for example, from single to married) during this two-year period, the MAGI limit is satisfied if the MAGI doesn’t exceed the threshold amount in either year based on the applicable filing status for that year. 

The MAGI limit doesn’t apply to taxpayers other than individuals. If a qualified vehicle is placed in service by a partnership or S corporation, though, the limit will apply to partners or shareholders who claim their portion of the credit. 

Next Steps 

Taxpayers interested in taking advantage of the credit can look at a website created by the U.S. Department of Energy to see if their vehicle is eligible. The list will be regularly updated as manufacturers provide information on their vehicles that qualify for the credit. For additional information from the IRS, see here. If you have questions regarding the CV credit and how it may affect your taxes, reach out to your Janover partner or contact a Janover representative today. 

Leave a Reply

Your email address will not be published. Required fields are marked