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.
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.
Consistent with the December 2022 white paper, the proposed regulations provide a three-step method to calculate the qualifying critical mineral content.
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.
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."
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.
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.
The proposed regulations provide a four-step method to calculate the qualifying battery components content.
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).
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
Alternatively, the total incremental value may be calculated by summing the value of each battery module in a battery.
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.
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。
Section 30D provides certain additional limitations for when the credit is available to taxpayers, and the proposed regulations provide additional details on these requirements.
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 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).
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。
On August 16, 2022, President Biden signed the Inflation Reduction Act (IRA) into law, directing a record $370 billion toward clean energy investments.
Yesterday, the White House released a 182-page guidebook to the IRA entitled Building a Clean Economy. John Podesta, Senior Advisor to the President for Clean Energy Innovation and Implementation, explains in his introduction that the guidebook "provides a program-by-program overview of the Inflation Reduction Act, including who is eligible to apply for funding and for what purposes." In the coming weeks and months, the Administration will provide further updates on www.CleanEnergy.gov.
See here for our post providing an overview of the major energy provisions in the IRA.
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:In a series of prior blog posts, we previously highlighted the historic implications of the Inflation Reduction Act (IRA) for the U.S.'s international climate commitments, as well as for private companies navigating the energy transition. Shortly after our series published, the Senate passed the IRA on Sunday August 7th with only minor modifications to the bill's $369 billion in climate and clean energy spending. Today, the House passed the IRA without any further changes, and soon hereafter President Biden is expected to sign it into law.
However, this is only the beginning of the road!IRA四角将产生广度效果。 未来数月和数年中,我们期望看到对机构规则的强力操纵将决定IRA实施,并判定它作为能源策略的最终成功
As an initial matter, it seems Congress has not finished its work revamping the nation's climate and energy laws. As part of his agreement to support the IRA, Senator Joe Manchin (D-WV) announced that "President Biden, Leader Schumer and Speaker Pelosi have committed to advancing a suite of commonsense permitting reforms this fall that will ensure all energy infrastructure, from transmission to pipelines and export facilities, can be efficiently and responsibly built to deliver energy safely around the country and to our allies." While the exact contours of this legislation are not currently known, Senator Manchin's office recently released a legislative framework, which includes proposals to, among other things:
According to Senator Manchin's office, permitting reform will receive a vote before the end of the fiscal year on September 30, 2022. Unlike the Inflation Reduction Act, which passed through arcane rules of reconciliation—and thus required only a simple majority—permitting reform will be subject to the Senate filibuster and require the support of at least 60 senators (and bipartisan agreement) to become law. At the moment, it is unclear whether broad bipartisan support exists for this measure!some Republicans have publicly signaled skepticism, and environmental activists have long opposed expedited fossil fuel permitting.However, in the past Republican Senators have expressed an interest in speeding the nation's permitting system. During this Congress, a bipartisan group of Senators introduced a law to accelerate infrastructure permitting, and all Republicans and Senator Manchin supported a resolution to disapprove of recent revisions to NEPA. Together, these actions suggest there may be some interest within the Republican caucus in implementing meaningful changes to current law, partisan divisions notwithstanding.
外加,IRA本身有几部分未来数月将通过行政引导和规则制定过程予以澄清和实施守法标准支付工资、学徒和家用内容要求并计算温室气体排放法新税抵免 。
ahrfss/www.insideEnergyandense.com/2022/07/enger-support-for-电机-车-车-车-门-电-电-电-电-电-电-电-电-电-电-电-电-电-电-电-电-电-电-电-电链/>这些规定并不适用于商业电车信用分量 。 具体地说,法律要求电电池组件的一定比例为“制造或组装北美 ”, 并适用百分比逐年变化 。 法律还要求电池中关键矿产品中一定比例为“提取或处理 ”, 在美国或与美国相邻的任何国家中实现“提取或处理 ” 。IRA § 13401(e).鉴于电车供应链的现状,预计许多汽车制造商难以满足这些外包需求万博体育app手机登录
However, key features of these clean vehicle credits have yet to take shape. By the end of this year, the IRA requires the Treasury Department to issue regulatory guidance to help shape and administer the battery and mineral sourcing requirements. Id. Among the questions open for interpretation are acceptable methods for calculating the "percentage of the value" for critical mineral and battery components, as well as better defining the terms "manufacture or assembly" and "extraction or processing." How Treasury addresses these points will have significant ramifications for the short- and medium- term value of the clean vehicle credits.
A much broader set of IRA tax credits seek to promote investment in, and use of, clean electricity, but their value depends on the interpretation of key labor and domestic content requirements. As currently structured, the IRA extends and modifies the Investment Tax Credit and Production Tax Credits that apply to certain renewable sources of power through the end of 2024. Id. §§ 13101, 13102. Beginning in 2025, similar projects will also be eligible for a new technology-neutral Clean Electricity Production Credit and a Clean Electricity Investment Credit, which apply to any domestically produced electricity source with a greenhouse gas emissions rate of zero. Id. §§ 13701, 13702. These credits, and others throughout the IRA, are keyed to the satisfaction of prevailing wage and apprenticeship requirements.
Specifically, if these wage and apprenticeship requirements are not satisfied the credits are worth five times less than they otherwise would be. Additionally, the IRA creates a 10% "domestic content bonus" when facilities certify that certain percentages of steel, iron, and other manufactured products used in the facility are made in America, and further increases the value of the credit for projects located in "energy communities," i.e.棕田网站或经济困境前化石燃料生产网站解释应用将极大影响政府可用支持值。 未来清洁能源项目必须注意确保适当文档并遵守这些条款Finally, many IRA tax credits are pegged to a demonstration of the life-cycle emissions of the underlying facility or fuel. For instance, the value of the clean hydrogen credit varies based on the project's "lifecycle greenhouse gas emissions rate." On the high end, a 100% credit value is awarded to projects with a lifecycle emissions rate of less than .45 kilograms (kgs) of carbon dioxide equivalent (CO2e), but on the low end, projects only receive 20% of the credit value if their emissions rate is between 4 and 2.5 kgs of CO2e. Id. § 13204. Additionally, the availability of the new credit for sustainable aviation fuels depends on a certification that the applicable fuels achieve at least a 50% life cycle greenhouse gas reduction percentage compared to petroleum-based jet fuel!燃料项目再为生命周期温室气体排放量增量百分比增量增益Id.
The full implications of the IRA are yet to be understood. The law is likely to have significant implications for our energy future, leading to sharp growth in the nation's clean energy production and a decline in national greenhouse gas emissions. Though we have laid out some initial consequences, there are undoubtedly many more interpretive questions that will arise in the coming weeks, months, and years. Additionally, by subsidizing and lowering the costs of clean electricity and other low-emissions technology, the IRA could improve the benefit-cost analysis for a variety of environmental regulations, leading to more stringent and durable rules. Further, by bolstering the domestic energy industry, the IRA could alter the political economy of climate policy, creating a broader base of support for future government investments in clean energy production or greenhouse gas curtailment. Regardless of how this future unfolds, it will surely be a dynamic time for energy and environmental law and policy.
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
This package presents the opportunity for Congress to finish legislating President Biden's Build Back Better agenda, completing the story detailed in our series The ABCs of the AJP. As we left the saga last summer, we noted that the effort to enact that agenda was Not Broken, Simply Unfinished. Today we are updating that series to detail the following energy related elements of the IRA:
As President Biden noted yesterday, "Sometimes seem like nothing gets done in Washington ...但政府工作可能缓慢和沮丧,有时甚至令人厌烦。 之后拒绝放弃支付的人辛勤工作时日月数计算。历史成真。生活变换 。 至此,这些情感可能还为时过早!Arizona-Has/news/2022/07/28/dmocrats-climate-xacco-Service-Bill-reces-00048459能源和气候政策,随着法案跨过立法过程最后阶段,我们将继续更新和补充覆盖量。