Internal Revenue Code:Sec. 30B. Alternative motor vehicle credit
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Location in Internal Revenue Code
TITLE 26 - INTERNAL REVENUE CODE
Subtitle A - Income Taxes
CHAPTER 1 - NORMAL TAXES AND SURTAXES
Subchapter A - Determination of Tax Liability
PART IV - CREDIT AGAINST TAXES
Subpart B - Other Costs
Statute
SEC. 30B. ALTERNATIVE MOTOR VEHICLE CREDIT.
(a) Allowance of Credit- There shall be allowed as a credit
against the tax imposed by this chapter for the taxable
year an amount equal to the sum of--
(1) the new qualified fuel cell motor vehicle credit
determined under subsection (b),
(2) the new advanced lean burn technology motor vehicle credit
determined under subsection (c),
(3) the new qualified hybrid motor vehicle credit determined
under subsection (d), and
(4) the new qualified alternative fuel motor vehicle credit
determined under subsection (e).
(b) New Qualified Fuel Cell Motor Vehicle Credit-
(1) IN GENERAL- For purposes of subsection (a), the new
qualified fuel cell motor vehicle credit determined under
this subsection with respect to a new qualified fuel cell motor
vehicle placed in service by the taxpayer during the taxable year is--
(A) $8,000 ($4,000 in the case of a vehicle placed in service
after December 31, 2009), if such vehicle has a gross vehicle
weight rating of not more than 8,500 pounds,
(B) $10,000, if such vehicle has a gross vehicle weight rating
of more than 8,500 pounds but not more than 14,000 pounds,
(C) $20,000, if such vehicle has a gross vehicle weight rating
of more than 14,000 pounds but not more than 26,000 pounds, and
(D) $40,000, if such vehicle has a gross vehicle weight rating
of more than 26,000 pounds.
(2) INCREASE FOR FUEL EFFICIENCY-
(A) IN GENERAL- The amount determined under paragraph (1)(A)
with respect to a new qualified fuel cell motor vehicle which
is a passenger automobile or light truck shall be increased by--
(i) $1,000, if such vehicle achieves at least 150 percent but
less than 175 percent of the 2002 model year city fuel economy,
(ii) $1,500, if such vehicle achieves at least 175 percent but
less than 200 percent of the 2002 model year city fuel economy,
(iii) $2,000, if such vehicle achieves at least 200 percent but
less than 225 percent of the 2002 model year city fuel economy,
(iv) $2,500, if such vehicle achieves at least 225 percent but
less than 250 percent of the 2002 model year city fuel economy,
(v) $3,000, if such vehicle achieves at least 250 percent but less
than 275 percent of the 2002 model year city fuel economy,
(vi) $3,500, if such vehicle achieves at least 275 percent but
less than 300 percent of the 2002 model year city fuel economy, and
(vii) $4,000, if such vehicle achieves at least 300 percent of the
2002 model year city fuel economy.
(B) 2002 MODEL YEAR CITY FUEL ECONOMY- For purposes of subparagraph
(A), the 2002 model year city fuel economy with respect to a
vehicle shall be determined in accordance with the following tables:
(i) In the case of a passenger automobile:
The 2002 model year city
If vehicle inertia weight class is: fuel economy is:
1,500 or 1,750 lbs 45.2 mpg
2,000 lbs. 39.6 mpg
2,250 lbs 35.2 mpg
2,500 lbs 31.7 mpg
2,750 lbs 28.8 mpg
3,000 lbs 26.4 mpg
3,500 lbs 22.6 mpg
4,000 lbs 19.8 mpg
4,500 lbs 17.6 mpg
5,000 lbs 15.9 mpg
5,500 lbs 14.4 mpg
6,000 lbs 13.2 mpg
6,500 lbs 12.2 mpg
7,000 to 8,500 lbs 11.3 mpg.
(ii) In the case of a light truck:
The 2002 model year city
If vehicle inertia weight class is: fuel economy is:
1,500 or 1,750 lbs 39.4 mpg
2,000 lbs 35.2 mpg
2,250 lbs 31.8 mpg
2,500 lbs 29.0 mpg
2,750 lbs 26.8 mpg
3,000 lbs 24.9 mpg
3,500 lbs 21.8 mpg
4,000 lbs 19.4 mpg
4,500 lbs 17.6 mpg
5,000 lbs 16.1 mpg
5,500 lbs 14.8 mpg
6,000 lbs 13.7 mpg
6,500 lbs 12.8 mpg
7,000 to 8,500 lbs 12.1 mpg.
(C) VEHICLE INERTIA WEIGHT CLASS- For purposes of subparagraph
(B), the term `vehicle inertia weight class' has the same
meaning as when defined in regulations prescribed by the
Administrator of the Environmental Protection Agency for
purposes of the administration of title II of the Clean Air Act
(42 U.S.C. 7521 et seq.).
(3) NEW QUALIFIED FUEL CELL MOTOR VEHICLE- For purposes of this
subsection, the term `new qualified fuel cell motor vehicle' means
a motor vehicle--
(A) which is propelled by power derived from 1 or more cells
which convert chemical energy directly into electricity by
combining oxygen with hydrogen fuel which is stored on board
the vehicle in any form and may or may not require reformation
prior to use,
(B) which, in the case of a passenger automobile or light truck,
has received on or after the date of the enactment of this section
a certificate that such vehicle meets or exceeds the Bin 5 Tier II
emission level established in regulations prescribed by the
Administrator of the Environmental Protection Agency under section
202(i) of the Clean Air Act for that make and model year vehicle,
(C) the original use of which commences with the taxpayer,
(D) which is acquired for use or lease by the taxpayer and not
for resale, and
(E) which is made by a manufacturer.
(c) New Advanced Lean Burn Technology Motor Vehicle Credit-
(1) IN GENERAL- For purposes of subsection (a), the new advanced
lean burn technology motor vehicle credit determined under this
subsection for the taxable year is the credit amount determined
under paragraph (2) with respect to a new advanced lean burn technology
motor vehicle placed in service by the taxpayer during the taxable year.
(2) CREDIT AMOUNT-
(A) FUEL ECONOMY-
(i) IN GENERAL- The credit amount determined under this paragraph
shall be determined in accordance with the following table:
In the case of a vehicle which achieves
a fuel economy (expressed as a percentage
of the 2002 model year city fuel economy) of-- The credit amount is--
At least 125 percent but less than 150 percent $400
At least 150 percent but less than 175 percent $800
At least 175 percent but less than 200 percent $1,200
At least 200 percent but less than 225 percent $1,600
At least 225 percent but less than 250 percent $2,000
At least 250 percent $2,400.
(ii) 2002 MODEL YEAR CITY FUEL ECONOMY- For purposes of clause (i), the
2002 model year city fuel economy with respect to a vehicle shall be
determined on a gasoline gallon equivalent basis as determined by
the Administrator of the Environmental Protection Agency using the
tables provided in subsection (b)(2)(B) with respect to such vehicle.
(B) CONSERVATION CREDIT- The amount determined under subparagraph (A)
with respect to a new advanced lean burn technology motor vehicle
shall be increased by the conservation credit amount determined in
accordance with the following table:
In the case of a vehicle which achieves a
lifetime fuel savings (expressed in gallons The conservation credit
of gasoline) of-- amount is--
At least 1,200 but less than 1,800 $250
At least 1,800 but less than 2,400 $500
At least 2,400 but less than 3,000 $750
At least 3,000 $1,000.
(3) NEW ADVANCED LEAN BURN TECHNOLOGY MOTOR VEHICLE- For purposes of this
subsection, the term `new advanced lean burn technology motor vehicle'
means a passenger automobile or a light truck--
(A) with an internal combustion engine which--
(i) is designed to operate primarily using more air than is
necessary for complete combustion of the fuel,
(ii) incorporates direct injection,
(iii) achieves at least 125 percent of the 2002 model year
city fuel economy,
(iv) for 2004 and later model vehicles, has received a certificate
that such vehicle meets or exceeds--
(I) in the case of a vehicle having a gross vehicle weight
rating of 6,000 pounds or less, the Bin 5 Tier II emission
standard established in regulations prescribed by the Administrator
of the Environmental Protection Agency under section 202(i) of the
Clean Air Act for that make and model year vehicle, and
(II) in the case of a vehicle having a gross vehicle weight rating
of more than 6,000 pounds but not more than 8,500 pounds, the Bin 8
Tier II emission standard which is so established,
(B) the original use of which commences with the taxpayer,
(C) which is acquired for use or lease by the taxpayer and not for
resale, and
(D) which is made by a manufacturer.
(4) LIFETIME FUEL SAVINGS- For purposes of this subsection, the term
`lifetime fuel savings' means, in the case of any new advanced lean
burn technology motor vehicle, an amount equal to the excess (if any)
of--
(A) 120,000 divided by the 2002 model year city fuel economy for
the vehicle inertia weight class, over
(B) 120,000 divided by the city fuel economy for such vehicle.
(d) New Qualified Hybrid Motor Vehicle Credit-
(1) IN GENERAL- For purposes of subsection (a), the new qualified
hybrid motor vehicle credit determined under this subsection for
the taxable year is the credit amount determined under paragraph (2)
with respect to a new qualified hybrid motor vehicle placed in service
by the taxpayer during the taxable year.
(2) CREDIT AMOUNT-
(A) CREDIT AMOUNT FOR PASSENGER AUTOMOBILES AND LIGHT TRUCKS- In
the case of a new qualified hybrid motor vehicle which is a passenger
automobile or light truck and which has a gross vehicle weight rating
of not more than 8,500 pounds, the amount determined under this
paragraph is the sum of the amounts determined under clauses (i)
and (ii).
(i) FUEL ECONOMY- The amount determined under this clause is the
amount which would be determined under subsection (c)(2)(A)
if such vehicle were a vehicle referred to in such subsection.
(ii) CONSERVATION CREDIT- The amount determined under this clause
is the amount which would be determined under subsection
(c)(2)(B) if such vehicle were a vehicle referred to in such
subsection.
(B) CREDIT AMOUNT FOR OTHER MOTOR VEHICLES-
(i) IN GENERAL- In the case of any new qualified hybrid motor
vehicle to which subparagraph (A) does not apply, the amount
determined under this paragraph is the amount equal to the
applicable percentage of the qualified incremental hybrid cost
of the vehicle as certified under clause (v).
(ii) APPLICABLE PERCENTAGE- For purposes of clause (i), the
applicable percentage is--
(I) 20 percent if the vehicle achieves an increase in city
fuel economy relative to a comparable vehicle of at least 30
percent but less than 40 percent,
(II) 30 percent if the vehicle achieves such an increase of
at least 40 percent but less than 50 percent, and
(III) 40 percent if the vehicle achieves such an increase of
at least 50 percent.
(iii) QUALIFIED INCREMENTAL HYBRID COST- For purposes of this
subparagraph, the qualified incremental hybrid cost of any
vehicle is equal to the amount of the excess of the manufacturer's
suggested retail price for such vehicle over such price for a
comparable vehicle, to the extent such amount does not exceed--
(I) $7,500, if such vehicle has a gross vehicle weight rating
of not more than 14,000 pounds,
(II) $15,000, if such vehicle has a gross vehicle weight rating
of more than 14,000 pounds but not more than 26,000 pounds, and
(III) $30,000, if such vehicle has a gross vehicle weight rating
of more than 26,000 pounds.
(iv) COMPARABLE VEHICLE- For purposes of this subparagraph, the
term `comparable vehicle' means, with respect to any new qualified
hybrid motor vehicle, any vehicle which is powered solely by a
gasoline or diesel internal combustion engine and which is
comparable in weight, size, and use to such vehicle.
(v) CERTIFICATION- A certification described in clause (i) shall
be made by the manufacturer and shall be determined in accordance
with guidance prescribed by the Secretary. Such guidance shall
specify procedures and methods for calculating fuel economy savings
and incremental hybrid costs.
(3) NEW QUALIFIED HYBRID MOTOR VEHICLE- For purposes of this subsection--
(A) IN GENERAL- The term `new qualified hybrid motor vehicle' means
a motor vehicle--
(i) which draws propulsion energy from onboard sources of stored
energy which are both--
(I) an internal combustion or heat engine using consumable
fuel, and
(II) a rechargeable energy storage system,
(ii) which, in the case of a vehicle to which paragraph (2)(A)
applies, has received a certificate of conformity under the
Clean Air Act and meets or exceeds the equivalent qualifying
California low emission vehicle standard under section 243(e)(2)
of the Clean Air Act for that make and model year, and
(I) in the case of a vehicle having a gross vehicle weight
rating of 6,000 pounds or less, the Bin 5 Tier II emission
standard established in regulations prescribed by the
Administrator of the Environmental Protection Agency under
section 202(i) of the Clean Air Act for that make and model
year vehicle, and
(II) in the case of a vehicle having a gross vehicle weight
rating of more than 6,000 pounds but not more than 8,500 pounds,
the Bin 8 Tier II emission standard which is so established,
(iii) which has a maximum available power of at least--
(I) 4 percent in the case of a vehicle to which paragraph
(2)(A) applies,
(II) 10 percent in the case of a vehicle which has a gross
vehicle weight rating of more than 8,500 pounds and not more
than 14,000 pounds, and
(III) 15 percent in the case of a vehicle in excess of 14,000 pounds,
(iv) which, in the case of a vehicle to which paragraph (2)(B)
applies, has an internal combustion or heat engine which has
received a certificate of conformity under the Clean Air Act
as meeting the emission standards set in the regulations
prescribed by the Administrator of the Environmental Protection
Agency for 2004 through 2007 model year diesel heavy duty
engines or ottocycle heavy duty engines, as applicable,
(v) the original use of which commences with the taxpayer,
(vi) which is acquired for use or lease by the taxpayer and
not for resale, and
(vii) which is made by a manufacturer.
Such term shall not include any vehicle which is not a passenger
automobile or light truck if such vehicle has a gross vehicle weight
rating of less than 8,500 pounds.
(B) CONSUMABLE FUEL- For purposes of subparagraph (A)(i)(I),
the term `consumable fuel' means any solid, liquid, or gaseous
matter which releases energy when consumed by an auxiliary
power unit.
(C) MAXIMUM AVAILABLE POWER-
(i) CERTAIN PASSENGER AUTOMOBILES AND LIGHT TRUCKS- In the
case of a vehicle to which paragraph (2)(A) applies, the term
`maximum available power' means the maximum power available from
the rechargeable energy storage system, during a standard 10
second pulse power or equivalent test, divided by such maximum
power and the SAE net power of the heat engine.
(ii) OTHER MOTOR VEHICLES- In the case of a vehicle to which
paragraph (2)(B) applies, the term `maximum available power'
means the maximum power available from the rechargeable energy
storage system, during a standard 10 second pulse power or
equivalent test, divided by the vehicle's total traction power.
For purposes of the preceding sentence, the term `total traction
power' means the sum of the peak power from the rechargeable
energy storage system and the heat engine peak power of the
vehicle, except that if such storage system is the sole means
by which the vehicle can be driven, the total traction power is
the peak power of such storage system.
(e) New Qualified Alternative Fuel Motor Vehicle Credit-
(1) ALLOWANCE OF CREDIT- Except as provided in paragraph (5),
the new qualified alternative fuel motor vehicle credit determined
under this subsection is an amount equal to the applicable
percentage of the incremental cost of any new qualified alternative
fuel motor vehicle placed in service by the taxpayer during the
taxable year.
(2) APPLICABLE PERCENTAGE- For purposes of paragraph (1), the
applicable percentage with respect to any new qualified alternative
fuel motor vehicle is--
(A) 50 percent, plus
(B) 30 percent, if such vehicle--
(i) has received a certificate of conformity under the Clean Air
Act and meets or exceeds the most stringent standard available
for certification under the Clean Air Act for that make and
model year vehicle (other than a zero emission standard), or
(ii) has received an order certifying the vehicle as meeting
the same requirements as vehicles which may be sold or leased
in California and meets or exceeds the most stringent standard
available for certification under the State laws of California
(enacted in accordance with a waiver granted under section 209(b)
of the Clean Air Act) for that make and model year vehicle
(other than a zero emission standard).
For purposes of the preceding sentence, in the case of any new qualified
alternative fuel motor vehicle which weighs more than 14,000 pounds
gross vehicle weight rating, the most stringent standard available shall
be such standard available for certification on the date of the enactment
of the Energy Tax Incentives Act of 2005.
(3) INCREMENTAL COST- For purposes of this subsection, the incremental
cost of any new qualified alternative fuel motor vehicle is equal
to the amount of the excess of the manufacturer's suggested retail
price for such vehicle over such price for a gasoline or diesel fuel
motor vehicle of the same model, to the extent such amount does not
exceed--
(A) $5,000, if such vehicle has a gross vehicle weight rating of
not more than 8,500 pounds,
(B) $10,000, if such vehicle has a gross vehicle weight rating
of more than 8,500 pounds but not more than 14,000 pounds,
(C) $25,000, if such vehicle has a gross vehicle weight rating
of more than 14,000 pounds but not more than 26,000 pounds, and
(D) $40,000, if such vehicle has a gross vehicle weight rating
of more than 26,000 pounds.
(4) NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLE- For purposes of
this subsection--
(A) IN GENERAL- The term `new qualified alternative fuel motor
vehicle' means any motor vehicle--
(i) which is only capable of operating on an alternative fuel,
(ii) the original use of which commences with the taxpayer,
(iii) which is acquired by the taxpayer for use or lease, but
not for resale, and
(iv) which is made by a manufacturer.
(B) ALTERNATIVE FUEL- The term `alternative fuel' means
compressed natural gas, liquefied natural gas, liquefied
petroleum gas, hydrogen, and any liquid at least 85 percent
of the volume of which consists of methanol.
(5) CREDIT FOR MIXED-FUEL VEHICLES-
(A) IN GENERAL- In the case of a mixed-fuel vehicle placed in
service by the taxpayer during the taxable year, the credit
determined under this subsection is an amount equal to--
(i) in the case of a 75/25 mixed-fuel vehicle, 70 percent of
the credit which would have been allowed under this subsection
if such vehicle was a qualified alternative fuel motor
vehicle, and
(ii) in the case of a 90/10 mixed-fuel vehicle, 90 percent of
the credit which would have been allowed under this subsection
if such vehicle was a qualified alternative fuel motor vehicle.
(B) MIXED-FUEL VEHICLE- For purposes of this subsection, the term
`mixed-fuel vehicle' means any motor vehicle described in
subparagraph (C) or (D) of paragraph (3), which--
(i) is certified by the manufacturer as being able to perform
efficiently in normal operation on a combination of an
alternative fuel and a petroleum-based fuel,
(ii) either--
(I) has received a certificate of conformity under the Clean
Air Act, or
(II) has received an order certifying the vehicle as meeting the
same requirements as vehicles which may be sold or leased in
California and meets or exceeds the low emission vehicle
standard under section 88.105-94 of title 40, Code of Federal
Regulations, for that make and model year vehicle,
(iii) the original use of which commences with the taxpayer,
(iv) which is acquired by the taxpayer for use or lease, but
not for resale, and
(v) which is made by a manufacturer.
(C) 75/25 MIXED-FUEL VEHICLE- For purposes of this subsection,
the term `75/25 mixed-fuel vehicle' means a mixed-fuel vehicle
which operates using at least 75 percent alternative fuel
and not more than 25 percent petroleum-based fuel.
(D) 90/10 MIXED-FUEL VEHICLE- For purposes of this subsection,
the term `90/10 mixed-fuel vehicle' means a mixed-fuel vehicle
which operates using at least 90 percent alternative fuel and
not more than 10 percent petroleum-based fuel.
(f) Limitation on Number of New Qualified Hybrid and Advanced Lean-Burn
Technology Vehicles Eligible for Credit-
(1) IN GENERAL- In the case of a qualified vehicle sold during the
phaseout period, only the applicable percentage of the credit
otherwise allowable under subsection (c) or (d) shall be allowed.
(2) PHASEOUT PERIOD- For purposes of this subsection, the phaseout
period is the period beginning with the second calendar quarter
following the calendar quarter which includes the first date on
which the number of qualified vehicles manufactured by the
manufacturer of the vehicle referred to in paragraph (1) sold
for use in the United States after December 31, 2005, is at
least 60,000.
(3) APPLICABLE PERCENTAGE- For purposes of paragraph (1), the applicable percentage is--
(A) 50 percent for the first 2 calendar quarters of the
phaseout period,
(B) 25 percent for the 3d and 4th calendar quarters of the
phaseout period, and
(C) 0 percent for each calendar quarter thereafter.
(4) CONTROLLED GROUPS-
(A) IN GENERAL- For purposes of this subsection, all persons
treated as a single employer under subsection (a) or (b)
of section 52 or subsection (m) or (o) of section 414 shall
be treated as a single manufacturer.
(B) INCLUSION OF FOREIGN CORPORATIONS- For purposes of
subparagraph (A), in applying subsections (a) and (b)
of section 52 to this section, section 1563 shall be applied
without regard to subsection (b)(2)(C) thereof.
(5) QUALIFIED VEHICLE- For purposes of this subsection,
the term `qualified vehicle' means any new qualified hybrid
motor vehicle (described in subsection (d)(2)(A)) and any new
advanced lean burn technology motor vehicle.
(g) Application With Other Credits-
(1) BUSINESS CREDIT TREATED AS PART OF GENERAL BUSINESS CREDIT- So
much of the credit which would be allowed under subsection (a)
for any taxable year (determined without regard to this subsection)
that is attributable to property of a character subject to an
allowance for depreciation shall be treated as a credit listed in
section 38(b) for such taxable year (and not allowed under
subsection (a)).
(2) PERSONAL CREDIT- The credit allowed under subsection (a)
(after the application of paragraph (1)) for any taxable year
shall not exceed the excess (if any) of--
(A) the regular tax liability (as defined in section 26(b))
reduced by the sum of the credits allowable
under subpart A and sections 27 and 30, over
(B) the tentative minimum tax for the taxable year.
(h) Other Definitions and Special Rules- For purposes of this section--
(1) MOTOR VEHICLE- The term `motor vehicle' has the meaning
given such term by section 30(c)(2).
(2) CITY FUEL ECONOMY- The city fuel economy with respect to
any vehicle shall be measured in a manner which is substantially
similar to the manner city fuel economy is measured in accordance
with procedures under part 600 of subchapter Q of chapter I of
title 40, Code of Federal Regulations, as in effect on the date
of the enactment of this section.
(3) OTHER TERMS- The terms `automobile', `passenger automobile',
`medium duty passenger vehicle', `light truck', and `manufacturer'
have the meanings given such terms in regulations prescribed
by the Administrator of the Environmental Protection Agency
for purposes of the administration of title II of the Clean Air
Act (42 U.S.C. 7521 et seq.).
(4) REDUCTION IN BASIS- For purposes of this subtitle, the basis of
any property for which a credit is allowable under subsection (a)
shall be reduced by the amount of such credit so allowed (determined
without regard to subsection (g)).
(5) NO DOUBLE BENEFIT- The amount of any deduction or other credit
allowable under this chapter--
(A) for any incremental cost taken into account in computing
the amount of the credit determined under subsection (e) shall
be reduced by the amount of such credit attributable to such cost, and
(B) with respect to a vehicle described under subsection (b)
or (c), shall be reduced by the amount of credit allowed under
subsection (a) for such vehicle for the taxable year.
(6) PROPERTY USED BY TAX-EXEMPT ENTITY- In the case of a vehicle
whose use is described in paragraph (3) or (4) of section 50(b)
and which is not subject to a lease, the person who sold such
vehicle to the person or entity using such vehicle shall be
treated as the taxpayer that placed such vehicle in service, but
only if such person clearly discloses to such person or entity
in a document the amount of any credit allowable under subsection
(a) with respect to such vehicle (determined without regard to
subsection (g)). For purposes of subsection (g), property to which
this paragraph applies shall be treated as of a character subject
to an allowance for depreciation.
(7) PROPERTY USED OUTSIDE UNITED STATES, ETC., NOT QUALIFIED- No
credit shall be allowable under subsection (a) with respect to
any property referred to in section 50(b)(1) or with respect to
the portion of the cost of any property taken into account under
section 179.
(8) 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 (including recapture in the case of a lease period of
less than the economic life of a vehicle).
(9) ELECTION TO NOT TAKE CREDIT- No credit shall be allowed under
subsection (a) for any vehicle if the taxpayer elects to not have
this section apply to such vehicle.
(10) INTERACTION WITH AIR QUALITY AND MOTOR VEHICLE SAFETY STANDARDS-
Unless otherwise provided in this section, a motor vehicle shall
not be considered eligible for a credit under this section unless
such vehicle is in compliance with--
(A) the applicable provisions of the Clean Air Act for the
applicable make and model year of the vehicle (or applicable air
quality provisions of State law in the case of a State which has
adopted such provision under a waiver under section 209(b) of the
Clean Air Act), and
(B) the motor vehicle safety provisions of sections 30101 through
30169 of title 49, United States Code.
(i) Regulations-
(1) IN GENERAL- Except as provided in paragraph (2), the Secretary
shall promulgate such regulations as necessary to carry out the
provisions of this section.
(2) COORDINATION IN PRESCRIPTION OF CERTAIN REGULATIONS- The Secretary
of the Treasury, in coordination with the Secretary of Transportation
and the Administrator of the Environmental Protection Agency, shall
prescribe such regulations as necessary to determine whether a motor
vehicle meets the requirements to be eligible for a credit under this
section.
(j) Termination- This section shall not apply to any property purchased after--
(1) in the case of a new qualified fuel cell motor vehicle (as described
in subsection (b)), December 31, 2014,
(2) in the case of a new advanced lean burn technology motor vehicle
(as described in subsection (c)) or a new qualified hybrid motor
vehicle (as described in subsection (d)(2)(A)), December 31, 2010,
(3) in the case of a new qualified hybrid motor vehicle (as described
in subsection (d)(2)(B)), December 31, 2009, and
(4) in the case of a new qualified alternative fuel vehicle (as described
in subsection (e)), December 31, 2010.'.
Sources
2005 - Energy Policy Act of 2005, Sec. 1342, established this new IRC
Sec. 30B. The amendments made by this section shall apply to property
placed in service after December 31, 2005, in taxable years ending after
such date.
Amendments
2005 - P.L. 109-135
(j) Amendment Related to Section 1341.--Paragraph (6) of section
30B(h) is <<NOTE: 26 USC 30B.>> amended by adding at the end the
following sentence: ``For purposes of subsection (g), property to which
this paragraph applies shall be treated as of a character subject to an
allowance for depreciation.''.
