under IRC 30C the credit is not allowed until the year it is placed into service. this would mean the station itself must be installed and able to perform its function.
there are other rules effective for 2023
from IRS
Who Qualifies
The credit is available to businesses and individuals that place qualified refueling property into service during the tax year.
Qualified Refueling Property
To qualify for the credit, refueling property must be used to store or dispense clean-burning fuel.
In addition, the following requirements must be met to qualify for the credit:
- The refueling property is placed in service during the tax year.
- The original use of the property began with the taxpayer.
- The property is used primarily inside the United States.
- If the property is not business or investment use property, it must be installed on property used as a main home.
Beginning January 1, 2023, the Inflation Reduction Act expands qualified property to include:
- Charging stations for 2- and 3-wheeled vehicles (for use on public roads)
- Bidirectional charging equipment (vehicle-to-grid or V2G)
Starting in 2023, qualifying property will be limited to property placed in service within low-income communities (IRC 45D(e) or non-urban census tracts.
from IRC sec 30C
(A)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.
(B)Eligible census tract
(i)In general
For purposes of this paragraph, the term “eligible census tract” means any population census tract which—
(I)is described in section 45D(e), or
(II)is not an urban area.
(ii)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.
IRC 45D
(e)Low-income community
For purposes of this section—
(1)In general
The term “low-income community” means any population census tract if—
(A)the poverty rate for such tract is at least 20 percent, or
(B)
(i)in the case of a tract not located within a metropolitan area, the median family income for such tract does not exceed 80 percent of statewide median family income, or
(ii)in the case of a tract located within a metropolitan area, the median family income for such tract does not exceed 80 percent of the greater of statewide median family income or the metropolitan area median family income.
Subparagraph (B) shall be applied using possessionwide median family income in the case of census tracts located within a possession of the United States.
(2)Targeted populations
The Secretary shall prescribe regulations under which 1 or more targeted populations (within the meaning of section 103(20) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4702(20))) may be treated as low-income communities. Such regulations shall include procedures for determining which entities are qualified active low-income community businesses with respect to such populations.
(3)Areas not within census tracts
In the case of an area which is not tracted for population census tracts, the equivalent county divisions (as defined by the Bureau of the Census for purposes of defining poverty areas) shall be used for purposes of determining poverty rates and median family income.
(4)Tracts with low population
A population census tract with a population of less than 2,000 shall be treated as a low-income community for purposes of this section if such tract—
(A)is within an empowerment zone the designation of which is in effect under section 1391, and
(B)is contiguous to 1 or more low-income communities (determined without regard to this paragraph).
(5)Modification of income requirement for census tracts within high migration rural counties
(A)In general
In the case of a population census tract located within a high migration rural county, paragraph (1)(B)(i) shall be applied by substituting “85 percent” for “80 percent”.
(B)High migration rural county
For purposes of this paragraph, the term “high migration rural county” means any county which, during the 20-year period ending with the year in which the most recent census was conducted, has a net out-migration of inhabitants from the county of at least 10 percent of the population of the county at the beginning of such period.
