Credit allowed
There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent (6 percent in the case of property of a character subject to depreciation) of the cost of any qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year.
Limitation
Qualified alternative fuel vehicle refueling property
In general
Bidirectional charging equipment
Property required to be located in eligible census tracts
In general
Property shall not be treated as qualified alternative fuel vehicle refueling property unless such property is placed in service in an eligible census tract.
Eligible census tract
In general
Urban area
For purposes of clause (i)(II), the term “urban area” means a census tract (as defined by the Bureau of the Census) which, according to the most recent decennial census, has been designated as an urban area by the Secretary of Commerce.
Application with other credits
Business credit treated as part of general business credit
So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)).
Personal credit
Special rules
Reduction in basis
For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)).
Property used by tax-exempt entity
In the case of any qualified alternative fuel vehicle refueling property the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such property in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such property (determined without regard to subsection (d)). For purposes of subsection (d), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation.
Property used outside United States not qualified
No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179.
Election not to take credit
No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property.
Recapture rules
Rules similar to the rules of section 179A(e)(4) shall apply.
Reference
For purposes of this section, any reference to section 179A shall be treated as a reference to such section as in effect immediately before its repeal.
Special rule for electric charging stations for certain vehicles with 2 or 3 wheels
In general
Motor vehicle
Wage and apprenticeship requirements
Increased credit amount
In general
In the case of any qualified alternative fuel vehicle refueling project which satisfies the requirements of subparagraph (C), the amount of the credit determined under subsection (a) for any qualified alternative fuel vehicle refueling property of a character subject to an allowance for depreciation which is part of such project shall be equal to such amount (determined without regard to this sentence) multiplied by 5.
Qualified alternative fuel vehicle refueling project
For purposes of this subsection, the term “qualified alternative fuel vehicle refueling project” means a project consisting of one or more properties that are part of a single project.
Project requirements
Prevailing wage requirements
In general
The requirements described in this subparagraph with respect to any qualified alternative fuel vehicle refueling project are that the taxpayer shall ensure that any laborers and mechanics employed by the taxpayer or any contractor or subcontractor in the construction of any qualified alternative fuel vehicle refueling property which is part of such project shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality in which such project is located as most recently determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code.
Correction and penalty related to failure to satisfy wage requirements
Rules similar to the rules of section 45(b)(7)(B) shall apply.
Apprenticeship requirements
Rules similar to the rules of section 45(b)(8) shall apply.
Regulations and guidance
The Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this subsection, including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection.
Regulations
The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section.
Termination
This section shall not apply to any property placed in service after .
Pub. L. 109–58, title XIII, § 1342(a)119 Stat. 1049Pub. L. 109–135, title IV119 Stat. 2615Pub. L. 110–172, § 6(b)121 Stat. 2479Pub. L. 110–343, div. B, title II, § 207(a)122 Stat. 3839Pub. L. 111–5, div. B, title I123 Stat. 325Pub. L. 111–312, title VII, § 711(a)124 Stat. 3315Pub. L. 112–240, title IV, § 402(a)126 Stat. 2337Pub. L. 113–295, div. A, title I, § 161(a)128 Stat. 4023Pub. L. 114–113, div. Q, title I, § 182(a)129 Stat. 3072Pub. L. 115–123, div. D, title I, § 40404(a)132 Stat. 148Pub. L. 115–141, div. U, title IV, § 401(b)(3)132 Stat. 1201Pub. L. 116–94, div. Q, title I, § 125(a)133 Stat. 3231Pub. L. 116–260, div. EE, title I, § 143(a)134 Stat. 3054Pub. L. 117–169, title I136 Stat. 1966–1968Pub. L. 119–21, title VII, § 70504139 Stat. 251(Added , , ; amended , §§ 402(k), 412(d), , , 2636; , , ; , (b), , ; , §§ 1123(a), 1142(b)(3), 1144(b)(2), , , 331, 332; , , ; , , ; , title II, §§ 218(b), 221(a)(34)(B), , , 4035, 4042; , , ; , , ; , , ; , , ; , , ; , §§ 13404(a)–(e), 13704(b)(2), , , 2002; , , .)
Editorial Notes
References in Text
section 179A of this titlePub. L. 113–295, div. A, title II, § 221(a)(34)(A)128 Stat. 4042Section 179A as in effect immediately before its repeal, referred to in subsec. (e)(6), means as in effect before it was repealed by , Dec, 19, 2014, , effective .
Amendments
Pub. L. 119–212025—Subsec. (i). substituted “” for “”.
Pub. L. 117–169, § 13404(b)(1)2022—Subsec. (a). , inserted “(6 percent in the case of property of a character subject to depreciation)” after “30 percent”.
Pub. L. 117–169, § 13404(b)(2)(A)Subsec. (b). , in introductory provisions, substituted “with respect to any single item of” for “with respect to all” and struck out “at a location” after “taxable year”.
Pub. L. 117–169, § 13404(b)(2)(B)Subsec. (b)(1). , substituted “$100,000 in the case of any such item of property” for “$30,000 in the case of a property”.
Pub. L. 117–169, § 13404(b)(3)Subsec. (c). , amended subsec. (c) generally. Prior to amendment, subsec. (c) related to qualified alternative fuel vehicle refueling property.
Pub. L. 117–169, § 13704(b)(2)Subsec. (c)(1)(B)(iv). , added cl. (iv).
Pub. L. 117–169, § 13404(e)Subsec. (c)(3). , added par. (3).
Pub. L. 117–169, § 13404(c)Subsec. (f). , added subsec. (f). Former subsec. (f) redesignated (g), then (h).
Pub. L. 117–169, § 13404(d)Subsec. (g). , added subsec. (g). Former subsec. (g) redesignated (h), then (i).
Pub. L. 117–169, § 13404(a), substituted “” for “”.
Pub. L. 117–169, § 13404(c)Subsecs. (h), (i). , (d), successively redesignated subsecs. (f) and (g) as (h) and (i), respectively.
Pub. L. 116–2602020—Subsec. (g). substituted “” for “”.
Pub. L. 116–942019—Subsec. (g). substituted “” for “”.
Pub. L. 115–1412018—Subsec. (e)(6), (7). redesignated par. (7) as (6) and struck out former par. (6) which related to special rule for property placed in service during 2009 and 2010.
Pub. L. 115–123Subsec. (g). substituted “” for “”.
Pub. L. 114–1132015—Subsec. (g). substituted “” for “”.
Pub. L. 113–295, § 218(b)2014—Subsec. (e)(1). , amended par. (1) generally. Prior to amendment, text read as follows: “The basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a).”
Pub. L. 113–295, § 221(a)(34)(B)Subsec. (e)(7). , added par. (7).
Pub. L. 113–295, § 161(a)Subsec. (g). , substituted “placed in service after .” for “placed in service—
“(1) in the case of property relating to hydrogen, after , and
“(2) in the case of any other property, after .”
Pub. L. 112–2402013—Subsec. (g)(2). substituted “” for “.”
Pub. L. 111–3122010—Subsec. (g)(2). substituted “.” for “”.
Pub. L. 111–5, § 1144(b)(2)2009—Subsec. (d)(2)(A). , substituted “section 27” for “sections 27 and 30B”.
Pub. L. 111–5, § 1142(b)(3), struck out “, 30,” before “and 30B”.
Pub. L. 111–5, § 1123(a)Subsec. (e)(6). , added par. (6).
Pub. L. 110–343, § 207(b)2008—Subsec. (c)(2)(C). , added subpar. (C).
Pub. L. 110–343, § 207(a)Subsec. (g)(2). , substituted “” for “”.
Pub. L. 110–172, § 6(b)(1)2007—Subsec. (b). , reenacted heading without change and amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “The credit allowed under subsection (a) with respect to any alternative fuel vehicle refueling property shall not exceed—”.
Pub. L. 110–172, § 6(b)(2)Subsec. (c). , reenacted heading without change and amended text generally. Prior to amendment, text read as follows:
In general“(1) .—Except as provided in paragraph (2), the term ‘qualified alternative fuel vehicle refueling property’ has the meaning given to such term by section 179A(d), but only with respect to any fuel—
“(A) at least 85 percent of the volume of which consists of one or more of the following: ethanol, natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, or hydrogen, or
“(B) any mixture of biodiesel (as defined in section 40A(d)(1)) and diesel fuel (as defined in section 4083(a)(3)), determined without regard to any use of kerosene and containing at least 20 percent biodiesel.
Residential property“(2) .—In the case of any property installed on property which is used as the principal residence (within the meaning of section 121) of the taxpayer, paragraph (1) of section 179A(d) shall not apply.”
Pub. L. 109–135, § 412(d)2005—Subsec. (d)(2)(A). , substituted “regular tax liability (as defined in section 26(b))” for “regular tax”.
Pub. L. 109–135, § 402(k)Subsec. (e)(2). , inserted at end “For purposes of subsection (d), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation.”
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment
Pub. L. 117–169, title I, § 13404(f)136 Stat. 1968
In general .—
Extension .—
section 13704(b)(2) of Pub. L. 117–169section 13704(c) of Pub. L. 117–169section 45Z of this titleAmendment by applicable to transportation fuel produced after , see , set out as an Effective Date note under .
Effective Date of 2020 Amendment
Pub. L. 116–260, div. EE, title I, § 143(b)134 Stat. 3054
Effective Date of 2019 Amendment
Pub. L. 116–94, div. Q, title I, § 125(b)133 Stat. 3231
Effective Date of 2018 Amendment
Pub. L. 115–123, div. D, title I, § 40404(b)132 Stat. 148
Effective Date of 2015 Amendment
Pub. L. 114–113, div. Q, title I, § 182(b)129 Stat. 3072
Effective Date of 2014 Amendment
Pub. L. 113–295, div. A, title I, § 161(b)128 Stat. 4023
section 218(b) of Pub. L. 113–295Pub. L. 109–58, title XIIIsection 218(c) of Pub. L. 113–295section 30B of this titleAmendment by effective as if included in the provision of the Energy Tax Incentives Act of 2005, , to which such amendment relates, see , set out as a note under .
section 221(a)(34)(B) of Pub. L. 113–295section 221(b) of Pub. L. 113–295section 1 of this titleAmendment by effective , subject to a savings provision, see , set out as a note under .
Effective Date of 2013 Amendment
Pub. L. 112–240, title IV, § 402(b)126 Stat. 2337
Effective Date of 2010 Amendment
Pub. L. 111–312, title VII, § 711(b)124 Stat. 3315
Effective Date of 2009 Amendment
Pub. L. 111–5, div. B, title I, § 1123(b)123 Stat. 325
section 1142(b)(3) of Pub. L. 111–5section 1142(c) of Pub. L. 111–5section 24 of this titleAmendment by applicable to vehicles acquired after , see , set out as an Effective and Termination Dates of 2009 Amendment note under .
section 1144(b)(2) of Pub. L. 111–5section 1144(c) of Pub. L. 111–5section 24 of this titleAmendment by applicable to taxable years beginning after , see , set out as an Effective and Termination Dates of 2009 Amendment note under .
Effective Date of 2008 Amendment
Pub. L. 110–343, div. B, title II, § 207(c)122 Stat. 3840
Effective Date of 2007 Amendment
Pub. L. 110–172, § 6(e)121 Stat. 2481
In general .—
Nonapplication of exemption for off-highway business use .—
Amendment made by the safetea–lu .—
Effective Date of 2005 Amendment
section 402(k) of Pub. L. 109–135Pub. L. 109–58section 402(m)(1) of Pub. L. 109–135section 23 of this titleAmendment by effective as if included in the provision of the Energy Policy Act of 2005, , to which such amendment relates, see , set out as an Effective and Termination Dates of 2005 Amendments note under .
Effective Date
Pub. L. 109–58, title XIII, § 1342(c)119 Stat. 1051
Savings Provision
Pub. L. 115–141section 401(e) of Pub. L. 115–141section 23 of this titleFor provisions that nothing in amendment by be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to , for purposes of determining liability for tax for periods ending after , see , set out as a note under .