Allowance of credit
There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each new clean vehicle placed in service by the taxpayer during the taxable year.
Per vehicle dollar limitation
In general
The amount determined under this subsection with respect to any new clean vehicle is the sum of the amounts determined under paragraphs (2) and (3) with respect to such vehicle.
Critical minerals
In the case of a vehicle with respect to which the requirement described in subsection (e)(1)(A) is satisfied, the amount determined under this paragraph is $3,750.
Battery components
In the case of a vehicle with respect to which the requirement described in subsection (e)(2)(A) is satisfied, the amount determined under this paragraph is $3,750.
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
For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year.
New clean vehicle
In general
Motor vehicle
The term “motor vehicle” means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels.
Qualified manufacturer
42 U.S.C. 7521The term “qualified manufacturer” means any manufacturer (within the meaning of the regulations prescribed by the Administrator of the Environmental Protection Agency for purposes of the administration of title II of the Clean Air Act ( et seq.)) which enters into a written agreement with the Secretary under which such manufacturer agrees to make periodic written reports to the Secretary (at such times and in such manner as the Secretary may provide) providing vehicle identification numbers and such other information related to each vehicle manufactured by such manufacturer as the Secretary may require.
Battery capacity
The term “capacity” means, with respect to any battery, the quantity of electricity which the battery is capable of storing, expressed in kilowatt hours, as measured from a 100 percent state of charge to a 0 percent state of charge.
Final assembly
For purposes of paragraph (1)(G), the term “final assembly” means the process by which a manufacturer produces a new clean vehicle at, or through the use of, a plant, factory, or other place from which the vehicle is delivered to a dealer or importer with all component parts necessary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are permanently installed in or on the vehicle.
New qualified fuel cell motor vehicle
For purposes of this section, the term “new clean vehicle” shall include any new qualified fuel cell motor vehicle (as defined in section 30B(b)(3)) which meets the requirements under subparagraphs (G) and (H) of paragraph (1).
Excluded entities
Critical mineral and battery component requirements
Critical minerals requirement
In general
Applicable percentage
Battery components
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 components contained in such battery that were manufactured or assembled 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
Regulations and guidance
In general
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.
Deadline for proposed guidance
Not later than , the Secretary shall issue proposed guidance with respect to the requirements under this subsection.
Special rules
Basis reduction
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 (c)).
No double benefit
The amount of any deduction or other credit allowable under this chapter for a vehicle for which a credit is allowable under subsection (a) shall be reduced by the amount of credit allowed under such subsection for such vehicle (determined without regard to subsection (c)).
Pub. L. 117–169, title I, § 13401(g)(2)(B)(i)136 Stat. 1960 Repealed. , , ]
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).
Recapture
The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit.
Election not to take credit
No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle.
Interaction with air quality and motor vehicle safety standards
One credit per vehicle
In the case of any vehicle, the credit described in subsection (a) shall only be allowed once with respect to such vehicle, as determined based upon the vehicle identification number of such vehicle, including any vehicle with respect to which the taxpayer elects the application of subsection (g).
VIN requirement
No credit shall be allowed under this section with respect to any vehicle unless the taxpayer includes the vehicle identification number of such vehicle on the return of tax for the taxable year.
Limitation based on modified adjusted gross income
In general
Threshold amount
Modified adjusted gross income
For purposes of this paragraph, the term “modified adjusted gross income” means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933.
Manufacturer’s suggested retail price limitation
In general
No credit shall be allowed under subsection (a) for a vehicle with a manufacturer’s suggested retail price in excess of the applicable limitation.
Applicable limitation
Vans
In the case of a van, $80,000.
Sport utility vehicles
In the case of a sport utility vehicle, $80,000.
Pickup trucks
In the case of a pickup truck, $80,000.
Other
In the case of any other vehicle, $55,000.
Regulations and guidance
For purposes of this paragraph, the Secretary shall prescribe such regulations or other guidance as the Secretary determines necessary for determining vehicle classifications using criteria similar to that employed by the Environmental Protection Agency and the Department of the Energy to determine size and class of vehicles.
Transfer of credit
In general
Subject to such regulations or other guidance as the Secretary determines necessary, if the taxpayer who acquires a new clean vehicle elects the application of this subsection with respect to such vehicle, the credit which would (but for this subsection) be allowed to such taxpayer with respect to such vehicle shall be allowed to the eligible entity specified in such election (and not to such taxpayer).
Eligible entity
Timing
An election described in paragraph (1) shall be made by the taxpayer not later than the date on which the vehicle for which the credit is allowed under subsection (a) is purchased.
Revocation of registration
Upon determination by the Secretary that a dealer has failed to comply with the requirements described in paragraph (2), the Secretary may revoke the registration (as described in subparagraph (A) of such paragraph) of such dealer.
Tax treatment of payments
Application of certain other requirements
Advance payment to registered dealers
In general
The Secretary shall establish a program to make advance payments to any eligible entity in an amount equal to the cumulative amount of the credits allowed under subsection (a) with respect to any vehicles sold by such entity for which an election described in paragraph (1) has been made.
Excessive payments
Rules similar to the rules of section 6417(d)(6) shall apply for purposes of this paragraph.
Treatment of advance payments
section 1324 of title 31For purposes of , United States Code, the payments under subparagraph (A) shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
Dealer
43 U.S.C. 1602(m)1
Indian tribal government
25 U.S.C. 5131For purposes of this subsection, the term “Indian tribal government” means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this subsection pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ().
Recapture
In the case of any taxpayer who has made an election described in paragraph (1) with respect to a new clean vehicle and received a payment described in paragraph (2)(C) from an eligible entity, if the credit under subsection (a) would otherwise (but for this subsection) not be allowable to such taxpayer pursuant to the application of subsection (f)(10), the tax imposed on such taxpayer under this chapter for the taxable year in which such vehicle was placed in service shall be increased by the amount of the payment received by such taxpayer.
Termination
No credit shall be allowed under this section with respect to any vehicle acquired after .
Pub. L. 110–343, div. B, title II, § 205(a)122 Stat. 3835Pub. L. 111–5, div. B, title I, § 1141(a)123 Stat. 326Pub. L. 111–148, title X, § 10909(b)(2)(H)124 Stat. 1023Pub. L. 111–312, title I, § 101(b)(1)124 Stat. 3298Pub. L. 112–240, title I, § 104(c)(2)(I)126 Stat. 2322Pub. L. 113–295, div. A, title II, § 209(e)128 Stat. 4028Pub. L. 114–113, div. Q, title I, § 183(a)129 Stat. 3072Pub. L. 115–123, div. D, title I, § 40405(a)132 Stat. 148Pub. L. 116–94, div. Q, title I, § 126(a)133 Stat. 3231Pub. L. 116–260, div. EE, title I, § 144(a)134 Stat. 3054Pub. L. 117–169, title I, § 13401(a)136 Stat. 1954–1961Pub. L. 119–21, title VII, § 70502139 Stat. 250(Added , , ; amended , , ; , (c), , ; , , ; , title IV, § 403(a), (b), , , 2337, 2338; , , ; , , ; , , ; , , ; , , ; –(i)(1), , ; , , .)
Editorial Notes
References in Text
act July 14, 1955, ch. 36069 Stat. 322section 7543(b) of Title 42section 7401 of Title 42The Clean Air Act, referred to in subsecs. (d)(1)(D), (3) and (f)(7)(A), is , , which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. Title II of the Act, known as the National Emissions Standards Act, is classified generally to subchapter II (§ 7521 et seq.) of chapter 85 of Title 42. Section 209(b) of the Act is classified to . For complete classification of this Act to the Code, see Short Title note set out under and Tables.
Amendments
Pub. L. 119–21, § 70502(b)(1)2025—Subsec. (e)(1)(B)(v). , struck out cl. (v) which read as follows: “in the case of a vehicle placed in service after , 80 percent.”
Pub. L. 119–21, § 70502(b)(2)Subsec. (e)(2)(B)(iv) to (vi). , struck out cls. (iv) to (vi) which read as follows:
“(iv) in the case of a vehicle placed in service during calendar year 2027, 80 percent,
“(v) in the case of a vehicle placed in service during calendar year 2028, 90 percent,
“(vi) in the case of a vehicle placed in service after , 100 percent.”
Pub. L. 119–21, § 70502(a)Subsec. (h). , substituted “acquired after ” for “placed in service after ”.
Pub. L. 117–169, § 13401(i)(1)2022—, substituted “Clean vehicle credit” for “New qualified plug-in electric drive motor vehicles” in section catchline.
Pub. L. 117–169, § 13401(c)(2)(A)Subsec. (a). , substituted “new clean vehicle” for “new qualified plug-in electric drive motor vehicle”.
Pub. L. 117–169, § 13401(c)(2)(B)Subsec. (b)(1). , substituted “new clean vehicle” for “new qualified plug-in electric drive motor vehicle”.
Pub. L. 117–169, § 13401(a)Subsec. (b)(2), (3). , added pars. (2) and (3) and struck out former pars. (2) and (3) which related to base amount and amount based on battery capacity to be used to determine amount of credit.
Pub. L. 117–169, § 13401(c)(1)(A)Subsec. (d). , substituted “clean” for “qualified plug-in electric drive motor” in heading.
Pub. L. 117–169, § 13401(c)(1)(B)(i)Subsec. (d)(1). , substituted “clean” for “qualified plug-in electric drive motor” in introductory provisions.
Pub. L. 117–169, § 13401(c)(1)(B)(ii)Subsec. (d)(1)(C). , inserted “qualified” before “manufacturer”.
Pub. L. 117–169, § 13401(c)(1)(B)(iii)(I)Subsec. (d)(1)(F)(i). , substituted “7” for “4”.
Pub. L. 117–169, § 13401(b)(1)Subsec. (d)(1)(G). , added subpar. (G).
Pub. L. 117–169, § 13401(c)(1)(B)(iii)(II)Subsec. (d)(1)(H). –(v), added subpar. (H).
Pub. L. 117–169, § 13401(g)(2)(A)Subsec. (d)(1)(H)(vi). , added cl. (vi).
Pub. L. 117–169, § 13401(c)(1)(C)Subsec. (d)(3). , substituted “Qualified manufacturer” for “Manufacturer” in heading and, in text, substituted “The term ‘qualified manufacturer’ means any manufacturer (within the meaning of the” for “The term ‘manufacturer’ has the meaning given such term in” and inserted “) which enters into a written agreement with the Secretary under which such manufacturer agrees to make periodic written reports to the Secretary (at such times and in such manner as the Secretary may provide) providing vehicle identification numbers and such other information related to each vehicle manufactured by such manufacturer as the Secretary may require” before period at end.
Pub. L. 117–169, § 13401(b)(2)Subsec. (d)(5). , added par. (5).
Pub. L. 117–169, § 13401(c)(1)(D)Subsec. (d)(6). , added par. (6).
Pub. L. 117–169, § 13401(e)(2)Subsec. (d)(7). , added par. (7).
Pub. L. 117–169, § 13401(e)(1)Subsec. (e). , added subsec. (e).
Pub. L. 117–169, § 13401(d), struck out subsec. (e) which related to limitation on number of new qualified plug-in electric drive motor vehicles eligible for credit.
Pub. L. 117–169, § 13401(g)(2)(B)(i)Subsec. (f)(3). , struck out par. (3). Text read as follows: “In the case of a vehicle 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 vehicle to the person or entity using such vehicle shall be treated as the taxpayer that placed such vehicle 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 vehicle (determined without regard to subsection (c)). For purposes of subsection (c), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation.”
Pub. L. 117–169, § 13401(g)(2)(B)(ii)Subsec. (f)(8). , inserted “, including any vehicle with respect to which the taxpayer elects the application of subsection (g)” before period at end.
Pub. L. 117–169, § 13401(f), added par. (8).
Pub. L. 117–169, § 13401(f)Subsec. (f)(9) to (11). , added pars. (9) to (11).
Pub. L. 117–169, § 13401(g)(1)Subsec. (g). , added subsec. (g) and struck out former subsec. (g) which related to credit allowed for 2- and 3-wheeled plug-in electric vehicles.
Pub. L. 117–169, § 13401(h)Subsec. (h). , added subsec. (h).
Pub. L. 116–2602020—Subsec. (g)(3)(E)(ii). substituted “” for “”.
Pub. L. 116–942019—Subsec. (g)(3)(E)(ii). substituted “” for “”.
Pub. L. 115–1232018—Subsec. (g)(3)(E)(ii). substituted “” for “”.
Pub. L. 114–1132015—Subsec. (g)(3)(E). substituted “acquired—” for “acquired after , and before .” and added cls. (i) and (ii).
Pub. L. 113–295, § 209(e)(1)(A)2014—Subsec. (f)(1), (2). , (B), inserted “(determined without regard to subsection (c))” before period at end.
Pub. L. 113–295, § 209(e)(2)Subsec. (f)(3). , inserted at end “For purposes of subsection (c), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation.”
Pub. L. 112–240, § 104(c)(2)(I)2013—Subsec. (c)(2). , amended par. (2) generally. Prior to amendment, par. (2) related to personal credit with a limitation based on amount of tax.
Pub. L. 112–240, § 403(b)(1)Subsec. (f)(2). , substituted “vehicle for which a credit is allowable under subsection (a)” for “new qualified plug-in electric drive motor vehicle” and “allowed under such subsection” for “allowed under subsection (a)”.
Pub. L. 112–240, § 403(b)(2)Subsec. (f)(7). , substituted “A vehicle” for “A motor vehicle” in introductory provisions.
Pub. L. 112–240, § 403(a)Subsec. (g). , added subsec. (g).
Pub. L. 111–148, § 10909(b)(2)(H)Pub. L. 111–3122010—Subsec. (c)(2)(B)(ii). , (c), as amended by , temporarily substituted “section 25D” for “sections 23 and 25D”. See Effective and Termination Dates of 2010 Amendment note below.
Pub. L. 111–52009— amended section generally. Prior to amendment, section provided credit with respect to each new qualified plug-in electric drive motor vehicle placed in service and set forth provisions defining “applicable amount” and “new qualified plug-in electric drive motor vehicle” and stating limitations based on vehicle weight, the number of vehicles eligible for credit, and amount of tax liability.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 Amendment; Transition Rule
Pub. L. 117–169, title I, § 13401(k)136 Stat. 1961
In general .—
Final assembly .—
Per vehicle dollar limitation and related requirements .—
Transfer of credit .—
Elimination of manufacturer limitation .—
Pub. L. 117–169, title I, § 13401l136 Stat. 1962
Effective Date of 2020 Amendment
Pub. L. 116–260, div. EE, title I, § 144(b)134 Stat. 3054
Effective Date of 2019 Amendment
Pub. L. 116–94, div. Q, title I, § 126(b)133 Stat. 3231
Effective Date of 2018 Amendment
Pub. L. 115–123, div. D, title I, § 40405(b)132 Stat. 148
Effective Date of 2015 Amendment
Pub. L. 114–113, div. Q, title I, § 183(b)129 Stat. 3073
Effective Date of 2014 Amendment
Pub. L. 113–295Pub. L. 111–5, div. B, title Isection 209(k) of Pub. L. 113–295section 24 of this titleAmendment by effective as if included in the provisions of the American Recovery and Reinvestment Tax Act of 2009, , to which such amendment relates, see , set out as a note under .
Effective Date of 2013 Amendment
section 104(c)(2)(I) of Pub. L. 112–240section 104(d) of Pub. L. 112–240section 23 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Pub. L. 112–240, title IV, § 403(c)126 Stat. 2338
Effective and Termination Dates of 2010 Amendment
Pub. L. 111–148section 10909(c) of Pub. L. 111–148section 1 of this titleAmendment by terminated applicable to taxable years beginning after , and section is amended to read as if such amendment had never been enacted, see , set out as a note under .
Pub. L. 111–148section 10909(d) of Pub. L. 111–148section 1 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 2009 Amendment
Pub. L. 111–5section 1141(c) of Pub. L. 111–5section 30B of this titleAmendment by applicable to vehicles acquired after , see , set out as a note under .
Effective Date
section 205(e) of Pub. L. 110–343section 24 of this titleSection applicable to taxable years beginning after , see , set out as an Effective and Termination Dates of 2008 Amendment note under .
Gross-Up of Direct Spending
Pub. L. 117–169, title I, § 13401(j)136 Stat. 1961