Since you are both on the title, either one of you can take the credit. As long as it's only claimed once. You must be USING the vehicle in order to claim the credit. You can't just merely be on the title and claim the credit if you aren't using the vehicle.
The person who is eligible for the federal tax credit can apply for the EV Tax credit as long as they are using the car and their name is on the title.
From the IRS:
Who Qualifies
You may qualify for a credit up to $7,500 for buying a qualified new car or light truck. The credit is available to individuals and businesses.
To qualify, you must buy the vehicle:
- For your own use, not for resale
- For use primarily in the U.S.
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