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EV Tax Credit during Transition Period

My wife and I purchased a Volkswagen ID.4 on September 17th, 2022. We reserved our vehicle back on January 9th, 2022 and locked our order on April 11th, 2022. We made deposits for each step of the order and reservation.

 

Due to the supply chain issues and interruptions with the war in Ukraine, our vehicle reservation was delayed through the summer. Ultimately, we decided to purchase a 2022 ID.4 made available to us from the dealer after the Inflation Reduction Act was signed on August 16, 2022. Our contract was signed on September 17th.

 

The law isn't entirely clear how to handle this gray area in 2022 after the IRA was signed. Do I file for the credit under the assumption that there was a reasonable expectation that it was valid when I ordered in early 2022 and risk a possible audit?

 

Thanks for any expert advice you might have on this topic.

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EV Tax Credit during Transition Period

@Michael16 - in order to be eligible for the credits in effect prior to Aug 16, you need to have a "binding contract" in place prior to August 16th.  That needed to reflect at least a 5% deposit to constitute a "binding contract"

 

Otherwise, you would not be eligible for the tax credits because cars manufactured outside the US and placed in service after August 16 are not eligible for the EV credit.  

 

https://rsmus.com/insights/tax-alerts/2022/irs-issues-guidance-on-transition-rules-for-ev-credits.ht...

 

Taxpayers who entered into written binding contracts to purchase otherwise eligible vehicles prior to Aug. 16, 2022 but take possession of the vehicle on or after Aug.16, 2022 may claim the EV credit based on rules in effect before Aug. 16, 2022. It is important to note that the North American final assembly requirement did not apply before Aug. 16, 2022. In other words, a credit for an otherwise eligible vehicle, the assembly of which takes place outside of North America, may still be claimed if a taxpayer takes possession after Aug. 16, 2022 so long as the buyer had a binding contract in place before the date of enactment. The IRS has issued guidance accordingly.

 

Guidance from the IRS helps clarify what will be respected as a written binding contract. Specifically, the IRS has stated they will look to see whether taxpayers have made a significant non-refundable deposit or down payment on a vehicle as an indicator of a binding contract. Generally, for tax purposes, a down payment or deposit of at least 5 percent of the total contract price is an indication of a binding contract, according to recent IRS guidance. 

 

 

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5 Replies

EV Tax Credit during Transition Period

EV Tax Credit during Transition Period

@Michael16 - what happened to the 1st contract? what it ripped up and a new contract signed? or was the 1st contract updated to reflect the change in the VIN.   that level of detail is important as to be elgible under the pre-IRA rules, you needed to have a firm contract in place by August 16.  What is the date on the contract? 

 

Post August 16, eligibility of the 2022 Volkswagens  are problematic because they were not manufactured in the US (2023 model year is a different story as some will be manufactured in TN). 

EV Tax Credit during Transition Period

To the best of my knowledge, the first contract we signed was in September, though we did technically order the vehicle in April (is that a contract?). Since the vehicle was delayed, I had to cancel our original order to purchase the available unit in September. Clear as mud 🙂

EV Tax Credit during Transition Period

@Michael16 - in order to be eligible for the credits in effect prior to Aug 16, you need to have a "binding contract" in place prior to August 16th.  That needed to reflect at least a 5% deposit to constitute a "binding contract"

 

Otherwise, you would not be eligible for the tax credits because cars manufactured outside the US and placed in service after August 16 are not eligible for the EV credit.  

 

https://rsmus.com/insights/tax-alerts/2022/irs-issues-guidance-on-transition-rules-for-ev-credits.ht...

 

Taxpayers who entered into written binding contracts to purchase otherwise eligible vehicles prior to Aug. 16, 2022 but take possession of the vehicle on or after Aug.16, 2022 may claim the EV credit based on rules in effect before Aug. 16, 2022. It is important to note that the North American final assembly requirement did not apply before Aug. 16, 2022. In other words, a credit for an otherwise eligible vehicle, the assembly of which takes place outside of North America, may still be claimed if a taxpayer takes possession after Aug. 16, 2022 so long as the buyer had a binding contract in place before the date of enactment. The IRS has issued guidance accordingly.

 

Guidance from the IRS helps clarify what will be respected as a written binding contract. Specifically, the IRS has stated they will look to see whether taxpayers have made a significant non-refundable deposit or down payment on a vehicle as an indicator of a binding contract. Generally, for tax purposes, a down payment or deposit of at least 5 percent of the total contract price is an indication of a binding contract, according to recent IRS guidance. 

 

 

EV Tax Credit during Transition Period

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