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Will IRS recapture the tax credit for alternative-fuel vehicles sold early?

Discussion in 'Prime Main Forum (2017-2022)' started by Gokhan, Jan 26, 2021.

  1. Gokhan

    Gokhan Senior Member

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  2. Trollbait

    Trollbait It's a D&D thing

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    Your second link is about the old tax credit for hybrids. That did have a keep for 3 year limit.

    The credit for plug ins doesn't have the 3 year language.
     
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  3. Salamander_King

    Salamander_King Senior Member

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    Many state incentives seem to have the required length (30-36mo) to keep the car to claim the full amount. As @Trollbait pointed out, the current PHEV and BEV tax credit code mentions no such requirement.

     
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  4. wjtracy

    wjtracy Senior Member

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    ...seems like 3-year hold is reasonable requirement though.
     
  5. Trollbait

    Trollbait It's a D&D thing

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    It is, but was left off for this incentive for whatever reason.
     
  6. hill

    hill High Fiber Member

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    So much free advice ... so little understanding of the rules
    ;)
    Here's the law ... & no more need to think about recapture
    (bold - my emphesis)
    26 CFR § 1.30-1 - Definition of qualified electric vehicle and recapture of credit for qualified electric vehicle. | CFR | US Law | LII / Legal Information Institute
    .
     
  7. Salamander_King

    Salamander_King Senior Member

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    As far as I can tell, the recapture rule only applies to IRC 30C which is the old hybrid credit. It does not say anything about current plug-in-hybrid and BEV credit which is IRC30D.
     
  8. Gokhan

    Gokhan Senior Member

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    So, the long story short, I don't have to pay IRS back $4,502 because I traded in my Prius Prime I bought in 2019 and included in my 2019 tax return for another Prius Prime in 2020, right? It's a lot of money!
     
  9. Salamander_King

    Salamander_King Senior Member

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    I am not a CPA and don't know the exact meaning of the language in the tax code. The current tax credit law that covers the plug-in-hybrid is IRS code 30D and uses the form 8936. From the IRS document, it is clear that "Recapture of Credit" is possible, but its description is vague.

    see Instructions for Form 8936 (01/2021) | Internal Revenue Service under Recapture of Credit. It reads:
    Recapture of Credit
    If the vehicle no longer qualifies for the credit, you may have to recapture part or all of the credit. For details, see section 30D(f)(5).

    The section 30D(f)(5) can be found here, 26 U.S. Code § 30D - New qualified plug-in electric drive motor vehicles | U.S. Code | US Law | LII / Legal Information Institute
    The law states:
    (5) Recapture
    The Secretary shall, by regulations, provide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit.

    I am not sure what it means by "any property which ceases to be property eligible for such credit". I guess under the discretion of the IRS, they can demand Recapture of Credit if they think the vehicle sold is no longer eligible for such credit. The best course of action if that happens would be to consult a tax lawyer.
     
    #9 Salamander_King, Jan 27, 2021
    Last edited: Jan 27, 2021