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If you will not be the original owner of the vehicle then it is a used vehicle and only eligible for the used EV credit.
I suspect the 2 year rule is a requirement to prevent someone from buying a new EV, claiming the new credit, and then immediately flipping it to someone else who will claim the used credit. The rule creates a disincentive to flip new EVs, since they won't qualify for the credit, the prices that a dealer will be able to charge won't be as good, and if dealers can't sell used EVs that are less than 2 years old, they won't want to buy them either.
See here for more
https://www.irs.gov/credits-deductions/used-clean-vehicle-credit
Well, I guess that makes sense but it is unfortunate. Thanks for the response!
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