Today, the Department of the Treasury and IRS made available for public inspection proposed regulations on the new clean vehicle credit under the Inflation Reduction Act of 2022, as codified in section 30D of the Internal Revenue Code. These proposed regulations will be published in the Federal Register on April 17, 2023, and the due date for comments will be 60 days after the publication (or Friday, June 16, 2023).
The proposed regulations provide for a credit of $3,750 for "new clean vehicles" placed in service after April 17, 2023 whose batteries satisfy either of certain requirements regarding their critical minerals or their battery components (for a total of $7,500 if both sets of requirements are met). The proposed regulations interpret these requirements in a manner consistent with the approach laid out in the December 2022 white paper and Notice 2023-1, which we described in our prior blog post. In addition, the proposed regulations provide other rules relevant to the application of the section 30D credit (including regarding the North American final assembly requirement and MSRP limitations).
Notably, the proposed regulations abstain from interpreting the phrase "foreign entity of concern" in section 30D(d)(7). As we noted in our prior blog post, Treasury's interpretation of this phrase will define which vehicles are potentially eligible for the section 30D credit, and which will be "excluded" therefrom. Today's proposed regulations provide that section 30D(d)(7) and the definition of "foreign entity of concern" will be addressed in future guidance. The fact that Treasury punted on interpreting "foreign entity of concern" in today's proposed regulations, despite last week having interpreted the same term in a nearly contemporarily-enacted statute, suggests that Treasury is wrestling with the interpretive questions and policy pressures noted in our blog post, and how it will ultimately interpret the phrase is still in play.
Battery Sourcing Requirements
To determine if a vehicle satisfies the critical minerals and battery components requirements of section 30D, one must determine (1) if the percentage of the value of the critical minerals in a vehicle's battery extracted or processed in the United States or a country with which the United States has a free trade agreement in effect (an FTA partner country) or recycled in North America (the qualifying critical mineral content) meets or exceeds the applicable critical minerals percentage and (2) if the percentage of the value of the vehicle's battery components manufactured or assembled in North America (the qualifying battery components content) meets or exceeds the applicable battery components percentage. The applicable critical minerals percentage is 40 percent in 2023 (but after April 17, 2023) and gradually increases to 80 percent for 2027 and later.电池组件百分数在2023年为50%(但自4月17日2023后),2029年和以后逐步增至100%。
为确定临界矿产和电池组件值,拟议条例规定制造商必须使用公平长度价格支付或将由无关购买者支付,使用第482节转移定价原则EV制造商必须选择日期判定临界矿产品值,日期必须排到最后处理或回收步骤后类似地,电池组件增量值必须确定日期后最后制造或装配步骤For each of the critical minerals and battery component percentage calculations, the manufacturer may average the percentage calculations over a period of time with respect to vehicles from the same model line, plant, class, or some combination thereof.
Calculation of Qualifying Critical Mineral Content
Consistent with the December 2022 white paper, the proposed regulations provide a three-step method to calculate the qualifying critical mineral content.
Step 1: Determine procurement chains
A procurement chain is "a common sequence of extraction, processing, or recycling activities that occur in a common set of locations with respect to an applicable critical mineral, concluding in the production of constituent materials." For instance, if a critical mineral is extracted, processed, or recycled in two different sets of locations (e.g., the initial step in Country A and the final step in Country B versus the initial step in Country A and the final step in Country C), the critical mineral has two procurement chains.
Step 2: Identify qualifying critical minerals
For each procurement chain, determine whether critical minerals procured from the chain have been either extracted or processed in the United States or an FTA partner country or recycled in North America. A critical mineral that came from that chain is treated as qualifying if 50% or more of the value added to that mineral by extraction or processing occurred in a permitted region.类似地,北美将关键矿物质作为回收处理,如果该矿值增加50%或以上发生在北美。拟议条例前言规定2024年以后,国库和IRS预期提高这一50%增值测试的严格性并详细跟踪供应链。
一般而言,提取涉及物理过程(例如从矿井和水井提取或采掘矿物或自然资源或废物或先前提取残留物)。Extraction concludes "when activities are performed to convert raw mined or harvested products or raw well effluent to substances that can be readily transported or stored for direct use in critical mineral processing."Processing means the non-physical processes, such as the chemical or thermal processes, involved in the refining of minerals. Processing includes "treating, baking, and coating processes used to convert such substances and materials into constituent materials."
Step 3: Calculate qualifying critical mineral content
Qualifying critical mineral content with respect to an EV battery is calculated by dividing the total value of all qualifying critical minerals by the total value of all critical minerals.
Free Trade Agreement Requirement
For this purpose, Treasury uses a broad interpretation of the term "free trade agreement." This broad interpretation is to assuage criticism from trading partners with EV battery supply chain industries and concerns regarding the availability of adequate supply of minerals from FTA partner countries.
The proposed regulations list the following FTA partner countries: Australia, Bahrain, Canada, Chile, Colombia, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Israel, Japan, Jordan, South Korea, Mexico, Morocco, Nicaragua, Oman, Panama, Peru, and Singapore. In addition, Treasury will identify additional countries in the future based on the following factors: whether an agreement (1) reduces or eliminates trade barriers on a preferential basis!(2) 保证各方避免设置新的贸易壁垒3)在影响贸易的关键领域建立高标准纪律(如核心劳动和环境保护)and/or (4) reduces or eliminates restrictions on exports or commits the parties to refrain from imposing such restrictions.
Calculation of Qualifying Battery Components Content
The proposed regulations provide a four-step method to calculate the qualifying battery components content.
Step 1: Identify components that are manufactured or assembled in North America
A manufacturer must determine whether substantially all of the manufacturing or assembly for each battery component occurred in North America (without regard to the location of manufacturing or assembly of any subcomponents).
Step 2: Determine incremental value of each battery component and North American battery component
Incremental value, with respect to a battery component, means the value determined by subtracting from the value of that battery component the value of the manufactured or assembled battery components, if any, that are contained in that battery component.北美增量值需要依据步骤1确定
3:确定电池组件总增量值
Alternatively, the total incremental value may be calculated by summing the value of each battery module in a battery.
Step 4: Calculate qualifying battery component content
The qualifying battery component content is calculated by dividing (1) the sum of the total incremental values of North American battery components determined in step 2 by (2) the total incremental value of battery components determined in step 3.
Battery Components and Constituent Materials
Where Treasury drew the line between constituent materials and battery components is important. As discussed above, to qualify for the battery components part of the credit, an applicable percentage of battery components (e.g., cathode electrodes, anode electrode, battery cells, and battery modules) must be manufactured or assembled in North America. But the critical minerals component of the credit considers whether extraction or processing occurred in the United States or any FTA partner countries for purposes of its percentage calculation.举例说,韩国和日本关键矿物质成构件处理(例如阴极活性材料、阳极活性材料和Fuils)将计数临界矿产品百分比需求,但在这些国家制造或组装电池组件不计数电池构件百分比需求。
Other Rules and Limitations
Section 30D provides certain additional limitations for when the credit is available to taxpayers, and the proposed regulations provide additional details on these requirements.
Final Assembly in North America
A vehicle is a "new clean vehicle" only if the final assembly occurs within North America. The proposed regulations provide further guidance, explaining that a taxpayer may rely on either of the following to determine a vehicle's location of final assembly:
- the vehicle's plant of manufacture as reported in the vehicle identification number (VIN) pursuant to 49 CFR 565!万博体育app手机登录or
- the final assembly point reported on the label affixed to the vehicle as described in 49 CFR 583.5(a)(3).
The proposed regulations provide that North America means the territory of the United States, Canada, and Mexico as defined in 19 CFR part 182, Appendix A, § 1(1).
MSRP Limitation and Vehicle Classification
No credit is allowed for a vehicle with a manufacturer's suggested retail price in excess of certain limitations (an $80,000 limit for vans, SUVs, and pickup trucks and a $55,000 limit for other vehicles). Consistent with the latest guidance, the proposed regulations provide that vehicles are classified using the EPA's fuel economy labeling regime. This regime is the classification displayed on the vehicle label and on the consumer-facing website with easy access by consumers.
Under the proposed regulations, the MSRP is the sum of: (1) the retail price of the automobile suggested by the manufacturer!和(2) 制造商建议每件附属设备或可选设备批发价,交运汽车时实际附属于该汽车经销商,但不包括在汽车价内。
This post outlines the specific removability and replaceability requirements that the SBR will impose on portable batteries and light means of transport ("LMT") batteries (e.g., batteries for electric bicycles) marketed in the EU/EEA as of around September/October 2026. The new requirements will oblige producers of appliances to introduce design changes to their appliances and the batteries they incorporate. Moreover, clarifying the details of such requirements is likely to create much controversy and debate among the European Commission, Member States and other stakeholders within the next two years. In effect, the SBR leaves it to the Commission to adopt guidelines interpreting the different removability and replaceability requirements.
The post also briefly mentions the political compromise that the European Parliament and Council reached on the removability and replaceability of electrical vehicle batteries and "starting, lighting and ignition" ("SLI") batteries, and its emphasis on ensuring that such batteries be removable and replaceable by "independent professionals" (and not just authorized dealers).
Removability and Replaceability Requirements for Portable Batteries and LMT Batteries
While we expect that the EU legal linguistic experts will have to introduce some edits, Article 11 of the SBR imposes different removability and replaceability requirements for portable batteries than for LMT batteries.In turn, it would exempt from the removability and replaceability requirements portable batteries where continuity of power supply is necessary and a permanent connection between the device and the portable battery is required to ensure the safety of the user and the appliance, or for products that collect and supply data as their main function, if this is necessary for "data integrity reasons."
Portable Batteries
The SBR defines portable batteries as any battery that is sealed, weighs below or equal to 5 kg, is not designed specifically for industrial uses, and is not an electric vehicle, LMT or SLI battery. As from 42 months after the entry into force of the SBR, producers marketing devices incorporating such portable batteries must ensure that the batteries are "readily removable and replaceable" by the "end user" at any time during the lifetime of the device. Thus, the general rule for portable batteries is that it must be possible for the end user, and not a qualified professional, to remove and replace the batteries "at any time during the lifetime of the product." This wording also suggests that the Commission and Member States could take the position that portable batteries should be removable from appliances and replaceable "at any time" even if the appliance has a shorter life than that of the batteries.
Article 11(1) of the SBR also clarifies that a portable battery is "readily removable" by an end user, if it can be removed "with the use of commercially available tools" without requiring the use of: "specialized tools" unless they are provided free of charge with the product, "proprietary tools," "thermal energy" or "solvents." A recital of the SBR also explains that "commercially available tools are tools available on the market to all end users without the need for them to provide evidence of proprietary rights and that can be used with no restriction, except for health and safety reasons."
Producers marketing electronic devices incorporating portable batteries will also be required to ensure that their devices are accompanied by instructions and safety information on the use, removal and replacement of the batteries. The instructions and safety information must be posted online in a publicly available website in a manner that is easily understandable for end users.
Article 11 establishes two exceptions to the general rule that portable batteries must be removable and replaceable by end users. Devices incorporating portable batteries may be designed in such way as to make their batteries removable and replaceable only by "independent professionals" if they are:
1.万博体育app手机登录specifically designed to operate primarily in an environment that is regularly subject to splashing water, water streams or water immersion and that are intended to be washable or rinseable.
Article 11(2) adds that this derogation is only applicable where removability and replaceability by an independent professional is necessary to ensure the safety of the user and the appliance. A recital of the SBR further tightens the derogation, stating that it "should only apply when it is not possible, by way of redesign of the appliance, to ensure the safety of the end user and the safe continued use of the appliance after the end user has correctly followed the instructions to remove and replace the battery" (emphasis added). Arguably, the Commission will have to refer to socio-economic and technical feasibility considerations when adopting guidance defining the scope of what is "not possible."
The same recital also suggests that a device is designed to "operate primarily" in a water environment if it is "specifically designed to be used, for a majority of the active service of the appliance" in a water environment.
2.professional medical imaging and radioactive devices.
Article 11 also empowers the European Commission to introduce additional derogations for other types of devices whose portable batteries may only be removable and replaceable by independent professionals, instead of end users. However, the Commission may do so only if the additional derogation is necessary to take into account technical and market developments and there are scientifically grounded concerns over the safety of end users removing or replacing the portable batteries, or such removability or replaceability by end users risks being in violation of other EU product safety rules.
The SBR does not define "independent professionals." However, such category of professionals also includes those that are not dealers authorized by the manufacturers of the devices. The Commission's guidelines may have to provide criteria on the qualifications that such professionals must meet in order to ensure the safety of end users and the devices.
LMT Batteries
The SBR defines LMT batteries as those that are sealed and weigh below or equal to 25 kg, are designed to provide electric power for the traction to wheeled vehicles that can be powered by an electric motor alone or by combination of motor and human power, including type-approved vehicles of category L under Regulation 168/2013, and are not electric vehicle batteries (e.g., batteries for electric bicycles). As from 42 months from the entry into force of the Regulation, producers marketing devices incorporating LMT batteries in the EU/EEA must ensure that the batteries are readily removable and replaceable "at any time during the lifetime" of the device.
However, in contrast with the requirements for portable batteries, the LMT must be removable and replaceable by "independent professionals," and not end users. Moreover, in the case of LMT batteries, the removability and replaceability requirements also apply to the battery cells included in the battery pack.
Replaceability Requirements
At the last moment of the EU's legislative negotiations, the European Parliament and Council introduced a confusing second subparagraph to Article 11(5) that seems intended to define the "replaceability" requirements for both portable batteries and LMT batteries. This is despite the fact that the first subparagraph of Article 11(5) regulates the removability and replaceability of only LMT by professional users.
In particular, as currently drafted, the second subparagraph of Article 11(5) states that a portable and LMT battery is "readily replaceable" if after its removal from an appliance or light means of transport, "it can be substituted by a similar battery, without affecting the functioning or the performance or safety of that appliance or light mean of transport." While unclear, the Commission and Member State authorities could take the view that the obligation to ensure that the battery can be substituted by a "similar" battery, "without affecting the functioning or the performance of the appliance or light mean of transport" also applies when an end user, and not only an independent professional, removes and replaces the portable battery from the device.This view could be supported by the fact that the subparagraph also contains a requirement on producers to ensure that portable and LMT "batteries be available as spare parts of the equipment they power for a minimum of five years after placing the last unit of the model on the market, with a reasonable and non-discriminatory price for independent professionals and end users" (emphasis added).
The guidelines that the Commission is expected to adopt, will also have to clarify this second subparagraph of Article 11(5). Among other things, we anticipate that the guidelines will have to take into account the Sale of Goods Directive when interpreting the subarapgraph's removability requirements. In any event, the use of the term "similar" suggests that producers must ensure that portable and LMT batteries in appliances can be replaced by batteries that are not identical, and therefore arguably can also be competing batteries, as long as they do not affect the performance or safety of the appliance.
It is also possible that this subparagraph to Article 11(5) may be slightly edited (e.g., it may be converted into a separate paragraph) before the SBR is published.
Removability and Replaceability Requirements for Electric Vehicle Batteries and SLI Batteries
In the end, the European Parliament and Council decided to drop the specific removability and replaceability requirements for automotive batteries, industrial batteries and electric vehicle batteries that the European Parliament had proposed. Instead, a recital to the SBR states that "SLI batteries and electric vehicle batteries incorporated in motor vehicles should be removable and replaceable by independent operators." The same recital adds that for the purpose of the design, manufacturing and the repair of SLI batteries and electric vehicle batteries, "manufacturers should provide the relevant vehicle on-board diagnostic information and vehicle repair and maintenance information on a non-discriminatory basis to any interested manufacturer, installer or repairer of equipment for [category M, N, and O] vehicles." The SBR defines a SLI battery as a battery "designed to supply electric power for starter, lighting, or ignition and [that] may also be used for auxiliary or backup purposes in vehicles, other means of transport or machinery."
Thus, the recital calls for an opening up of the market of SLI and electric vehicle batteries. This is in line with the obligations that the Regulation on the Type Approval of Vehicles imposes on vehicle manufactures to provide independent operators with OBD information and vehicle repair and maintenance information. However, it is unclear how this will work in practice taking into account the warranty terms of electric vehicle manufacturers.
The recital also indicates the willingness of the Council and Parliament that a future amendment of the End of Life Vehicles Directive include provision on joining, fastening and sealing elements to ensure that the SLI batteries and electric vehicle batteries can be removed, replaced and disassembled.
Next Steps
The SBR's new removability and replaceability requirements will apply to portable and LTM batteries and devices and means of transport containing them that are marketed as of (around) the second half of 2026. Nevertheless, businesses and their trade associations should already assess the impact of the new requirements on their products and batteries. They should also try to contribute to the Commission's adopting of interpretative guidelines and the possible introduction of additional exceptions to the obligation to ensure that portable batteries be readily removable and replaceable by end users. We expect that during the next two years the Commission will hold one or more public consultations before issuing the guidelines and exceptions.
2022年10月5日,国库局和国税局发布通知,请求对《降低通货膨胀法》('IRA')中能源税益的不同方面发表评论11月4日星期五前应提交所有评论,或电子发布www.reducts.gov或寄送国税局万博体育app手机登录日期过后提交的书面评语将予考虑,只要不延迟发布指南。
通知征求一般性意见,但也侧重于具体定义问题和业务问题除其他外,请求出自爱尔兰共和军新的国内生产和采购需求,包括采购关键矿产品以制造电动车辆和用美国生产的材料搭建某些合格设施需求新的双级信用结构中也产生请求,对于其中许多信用,纳税人如果满足某些工资和学徒需求,有资格获得更高信用(通常是基数的五倍)。万博体育app手机登录一份通知侧重于某些信用项新的直接支付或可转移性特征,这基本上导致向纳税人支付现金,而不管他们在申请信用的年份是否负税。
IRA为国库向纳税人提供指导设定极短的最后期限结果是,如通知中所述,利害相关方有有限时间权衡今日发布通知请求在11月截止时间前提交评语,既包括年末到期的受管制入计量(如EV税抵免),也包括后年到期受管制入计量(如ITCPTC技术中和PTC)。除征求一般性意见外,每份通知都提出一些具体问题,下文摘要中强调其中一小部分问题。
/lqliququq3MD4NDLCJ1cwiOiJOdhuczovL3d5cnMvcre万博体育app手机登录Notice 2022-46 asks stakeholders to answer a number of specific questions related to:- What factors and definitions should be considered to determine the place of extraction or processing of critical minerals and the value of those minerals;
- How the guidance should define the components of a battery and determine the place of manufacture or assembly of battery components and the value of those components;
- Whether guidance is needed to clarify the definition of "foreign entity of concern" and to the extent available, whether there is any existing regulatory or guidance frameworks for tracking whether manufactures are in compliance with the foreign entity of concern rules!万博体育app手机登录and
- Whether guidance is needed on the definition of "acquired," "use," and "lease."
- Notice 2022-47 requests comments on energy security tax credits for manufacturing under § 48C and 45X.通知2022-47请利害相关方评论:
Where需要进一步澄清第45X(c)节中“合格组件”定义; 应如何确定“整合、集成或集成”短语,当合格组件整合、集成或集成为另一个组件时; 财政部和IRS在判定合格先进能源项目信用评分选择标准时应考虑什么i/li+li+li+i+i+i+i+i+i+i+i+i+i+i+2+2+2+2+2+#li+++++++++++++++++++++++++++++++++++++++++2+2+2+2+2+2++2+2+2+2++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++2+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++万博体育app手机登录通知2022-48提出了多项定义问题,包括:政府在制定指南时应考虑哪些标准和技术用于确定节能商业大楼的“用能强度”。万博体育app手机登录i>li+li+i+i+i+i+i+i+i+i+万博体育app手机登录政府在通知2022-49中寻求的部分评论包括: 政府在制定指南和确定纳税人的信用资格时应考虑哪些行业标准;投资信用设施要求投资税抵免必须满足生产税抵免的所有要求,例如要求将发电出售给无关者;政府需要定义指南和政府确定术语时应考虑哪些条件(例如技术类型),如“无关人员”、“结构”和“毛收入!万博体育app手机登录i>/li+li+li+i+i+i+i+i+i+i+i+i+i万博体育app手机登录Notice 2022-50 requests comments from taxpayers on a number of questions, including: - Whether any guidance is needed on the terms used in these monetization sections, such as "applicable credit," "excessive payments," and "applicable entity";
- What potential issues and factors that the government should consider when a partnership or an S corporation makes such an election;
- What types of structures may be entered into by applicable entities and taxpayers that have elected to be treated as applicable entities;
- Whether any documentation or registration should be required and what factors the government should consider to prevent improper payments or excessive payments and whether clarification is needed on the penalty provisions for excess payments!CHIPS/LILQLIJJJJJJJJlGLU2JJJJJUJUNJUNQ3MD4EILCJIOIJOJJOJJOJJOJJOJOJOJL3D5cnMU3B2L3BJI9PNJJCLSSLVLVLVLVLIJJJJJJJJJJJUJJJBLGLULXLXLIJJJJJJJJJUJLUGLXUNQNQQQMDUNQ3MCDEILCILCJJJICUIOIJOJOJOJL3DL3DL2L2LLLLLICI通知2022-51具体请求评论,包括:
文献或证明应用来证明遵守奖金信用要求的情况以及信息方目前维护并可能创建的信息量;国库司和IRS应一致使用48C.F.R下提供的定义万博体育app手机登录§661对内容需求以及现有规范或指导,如FederalCrap Regional和BuildingAmerica BuyCA指导,可能有益于开发指导; 定义,如“合格设施组件”、“制造产品”、“终端产品”和“总成本”需要澄清国内内容需求万博体育app手机登录和/lili>处理制造产品子组件需要澄清。 squal='wp-blest-separator has-alpha-chane-o2023年2月12日清洁氢生产税抵免 第45V节 2023年8月16日技术中立PTC和ITC(第45Y和48E段)2025年1月1日前完成
In addition to the extension of the solar investment tax credit, the IRA renews the previously expired production tax credit for solar energy and extends the credit to include qualifying facilities that begin construction before January 1, 2025. IRA § 13101. Taxpayers would also be eligible for a bonus 10% production tax credit if certain "domestic content requirements" are met or if the project is located in an "energy community." [1] The production tax credit is calculated by multiplying the amount of kilowatt-hours product by 0.3 cents or, if certain wage and apprenticeship requirements are met, 1.5 cents. Id.
Another key provision is an extension of the energy investment tax credit to include qualifying facilities that begin construction before January 1, 2025, with tax credits for geothermal energy being extended to 2035.13102. 类似于生产税抵免,纳税人有资格额外获得10%投资税抵免,如果满足某些“家庭内容”要求或项目位于“能源社区”。投资税抵免计算法是将设施投入服务成本乘以6%或如果满足某些工资和学徒需求则乘以30%。 Id. IRA包括扩展和修改45Q固碳ARA 1344. 碳捕获45Q信用额定为每公吨合格氧化碳17美元,或如果满足某些工资和学徒需求,则定值85美元。 Id. 45Q信用额也扩展至包括直接航空捕获量,并定值每公吨合格氧化碳36美元,或如果满足某些工资和学徒需求,定值180美元。 Id. IRA还包含高级能源项目信用额扩展至100亿美元,其中40亿美元预留用于 " 能源社区 " 。除其他外,该信用扩展包括水电设施、能源存储系统、重力电机和燃料电池及其相关收费基础设施、关键矿处理、精炼或回收以及用碳捕获存储设备对能源设施进行改换。 Id. em>Id. 它还将包括一个新的净化氢生产税抵免,可达60美分/千克合格净化氢,或,如果满足某些工资和学徒需求,可达3.00美分/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒/秒
For three of these tax credits, the IRA makes a "direct pay" option available to any taxpayer claiming the clean hydrogen credit, the carbon capture credit, or the advance manufacturing production tax credit. IRA § 13801. Direct pay allows taxpayers to receive a refundable tax credit even if they don't otherwise have any tax liability to absorb the credit (e.g., the taxpayer is operating at a loss). In this way, the credit is particularly beneficial for early-stage companies. With respect to clean hydrogen and carbon capture facilities, the "direct pay" option is only available in the taxable year in which the facility is placed into service, and the four years following that. Apart from these three tax credits, the "direct pay" option is also available for a longer list of other energy-related credits, but only if the organization claiming them is a tax-exempt organization, state or local government, tribal government, or the Tennessee Valley Authority. Id.
The IRA includes a provision that allows taxpayers to transfer certain enumerated clean-energy credits to unrelated taxpayers.[2] IRA § 6418(a). Consideration paid for a transferrable credit must be paid in cash, and is not includable in the income of the transferor, nor deductible by the transferee. Id. § (b). Excessive transferability payments could result in an addition to tax of the transferee equal to the sum of the excessive payment amount plus a penalty of 20% of the excessive payment amount. Id. § (g)(2). This provision is particularly beneficial for taxpayers with low tax liability that cannot otherwise take advantage of the direct pay option for credits other than the three enumerated above, and instead have to turn to the tax equity markets to facilitate use of the credits.IRA创建或扩展多项附加税收抵免,包括:(1)清洁电生产抵免,§13701清洁电投资信用第13702条3)与低收入社区连通的太阳能和风能信用第13103节+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++有大量就业领域提取、处理、运输或存储化石燃料自2000年起关闭煤矿自2009年起煤厂停产或停产的普查段
Most notably for consumers, the IRA provides clean vehicle tax credits of up to $7,500 for new vehicles, IRA § 13401, and up to $4,000 for used vehicles, § 13402. It also eliminates a 200,000 vehicles per manufacturer cap, that was barring some companies—such as Tesla, Toyota, and General Motors—from benefiting fully from electric-vehicle tax incentives. Id. § 13401.
High-income earners are barred from claiming both credits. For the new vehicles, the credit is limited to couples making less than $300,000, and individuals earning less than $150,000. For used vehicles, the limits are $150,000 for couples and $75,000 for individuals. The clean vehicle credit is limited by the actual retail price of the vehicle: it cannot be used to purchase vans, SUVs, or pick-up trucks retailing above $80,000 or any other vehicles retailing above $55,000.
The IRA also takes many steps to secure the American electric vehicle supply chain, and puts stringent eligibility limits based on where battery components are manufactured or the underlying critical minerals are processed or mined. For instance, the Clean Vehicle Credits can only be redeemed when the new vehicles meet certain critical mineral requirements. A percentage of the value of the critical minerals in the battery must be extracted or processed in countries with which the U.S.has either (1) a free trade agreement in effect, or (2) recycled in North America. In 2023, this percentage starts at 40% and rises 10% each year until 2027 at which point the percentage will remain steady at 80%. The IRA imposes similar requirements on battery components, allowing the Clean Vehicle Credit to be redeemed only when the percentage of the battery value of the components manufactured or assembled in North America meets a certain percentage, which starts at 50% in 2023, and increases 10% each year until reaching 100% in 2029. The IRA also bars any application of the Clean Vehicle Credit to cars with battery components or critical minerals sourced from a "foreign entity of concern," starting in 2024 and 2025 respectively. [1]
These restrictions are likely to prove problematic for critical minerals produced in China, and Sen.manchin < ahrfss/www.manchin.senate.gov/newsroom/press-releases/manchin-supports-万博体育app手机登录决策人劝阻公司在中国进一步投资并鼓励家庭生产。例如,上年末下院以压倒性
Recognizing the potential supply constraints caused by the battery and mineral sourcing limitations, the IRA also implements a variety of measures to promote domestic manufacturing of electric vehicles and battery supply chains. For instance, the Advanced Energy Project Credit, which provides investment tax credits for projects that equip or expand manufacturing facilities producing specified renewable energy equipment, is revised and expanded to encompass electric and hybrid vehicles production. IRA § 13501. The base credit is 6%, but an increase 30% rate is available if prevailing wage and apprenticeship requirements are met. Id. Additionally, the IRA makes a $1 billion investment in clean heavy-duty vehicles, IRA § 60101, provides $2 billion in grants to retool existing auto manufacturing facilities to manufacture clean vehicles, § 50143, and expands the Department of Energy's lending authorities under the Advanced Technology Vehicle Manufacturing ("ATVM") program, § 50142. In the past, the ATVM loan program has successfully catalyzed domestic electric vehicle production, most famously by supporting Tesla with a $465 million loan in January 2010. Finally, the IRA takes steps to decarbonize the federal government's own fleet of vehicles, providing up to $3 billion to electrify Postal Service delivery trucks. IRA § 70002.
If enacted, these measures are sure to reshape and define the electric vehicle landscape.
[1] Foreign Entity of Concern, is defined by reference to the Bipartisan Infrastructure Law, 42 U.S.C.§1871和手段:外国实体国务大臣根据标题8第1189(a)节指定为外国恐怖主义组织列入财政部外国资产控制局维护的专用国民和阻塞者清单(通称SDN链表)受覆盖国外国政府拥有、控制或受管辖或指令约束(按标题10第2533cd节定义)D) 被总检察长指称参与活动,并依据-i第18章第37章(通称Espionage法)定罪951或1030标题18标题18第90章(通称1996年经济渗透法)武器出口管制法(22 U.S.C.2751等)1954年原子能法第224、225、226、227或236节2274 2275 2276 2277 和222842018年出口管制改革法(50 U.S.C.4801等)或国际紧急经济权法1701等)或(E)由秘书经与国防部长和国家情报局局长协商判定从事有损美国国家安全或外交政策的未经授权行为