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TREAS/IRS RIN: 1545-BQ52 Publication ID: Fall 2023 
Title: Section 30D Clean Vehicle Credit Regulations 
Abstract:

Section 13401 of the IRA amends 30D(b) of the Code to, among other things, provide a maximum credit of $7,500 per vehicle, consisting of $3,750 in the case of a vehicle that meets certain critical minerals requirements and $3,750 in the case of a vehicle that meets certain battery components requirements. In general, vehicles may satisfy the critical minerals and battery components requirements if a required percentage of the value of the critical minerals or battery components in the vehicle’s battery are sourced from a location specified by statute. The critical minerals and battery components requirements are applicable to vehicles placed in service after the date on which the Secretary of the Treasury or her delegate issues proposed guidance relating to these new requirements. The proposed regulations provide clarity to taxpayers and vehicle manufacturers on the critical minerals and battery components requirements. These clarifications include definitions of terms such as extracted,” processed,” recycled,” and free trade agreement.” The proposed regulations also clarify the rules for determining whether a critical mineral was extracted, processed, or recycled or a battery component was manufactured or assembled in a location that satisfies these requirements. The proposed regulations also provide guidance on how vehicle manufacturers may determine compliance with these requirements for their vehicles. The proposed regulations also clarify the definition of certain terms relevant to new requirements for the new clean vehicle credit. These clarifications include definitions of terms such as final assembly,” North America,” manufacturer’s suggested retail price,” and placed in service.” These proposed regulations also clarify the vehicles that are considered vans, sport utility vehicles, pickup trucks, or other vehicles for purposes of applying new manufacturer’s suggested retail price limitations added by the IRA. The expected definitions were published in IRS Notice 2023-1, as modified by IRS Notice 2023-16.

 

 
Agency: Department of the Treasury(TREAS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 26 U.S.C. 7805    26 U.S.C. 30D   
Legal Deadline:
Action Source Description Date
NPRM  Statutory  Section 30D(e)(3)(B) provides a deadline for proposed guidance of December 31, 2022, with respect to the requirements regarding critical mineral and battery components  03/31/2023 
Timetable:
Action Date FR Cite
NPRM  04/17/2023  88 FR 23370   
NPRM Comment Period End  06/16/2023 
Final Action  06/00/2024 
Additional Information: REG-120080-22 (NPRM) Drafting attorney: Rika Valdman and Maggie Stehn (202) 317-6853 Reviewing attorney: Patrick Kirwan (202) 317-6853 Treasury attorney: Kim Wojcik (202) 819-5365 CC:PSI:B6
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Related Agencies: Common: DOE/EE; 
Agency Contact:
Maggie M. Stehn
Attorney
Department of the Treasury
Internal Revenue Service
1111 Constitution Avenue NW., Room 5110,
Washington, DC 20221
Phone:202 317-4547
Fax:202 317-7868
Email: maggie.m.stehn@irscounsel.treas.gov

Rika Valdman
General Attorney (Tax)
Department of the Treasury
Internal Revenue Service
1111 Constitution Avenue NW, Room 5112,
Washington, DC 20224
Phone:202 317-5227
Fax:202 317-7868
Email: rika.valdman@irscounsel.treas.gov