(This was off-topic in another thread recently.) I recently sold a 2020 Leaf at 4,900 miles and 7 months after buying it and getting Fed & State tax credits. The used car market is hot right now, and I did well, we'll Leaf it at that.
Somebody thought the IRS would want their $7.5K back, since I only had the car 7 months after buying it.
I did read some Tesla Model 3 threads about this topic.
**** If you recall, when the first people who reserved the Model 3 started getting theirs around 2018, many just pocketed the tax credits and simply sold the car real quick, in some cases a few days after registering theirs, for a profit on the open (hot) market for new Model 3's.
Somebody in the thread said the IRS just didn't want business dealerships buying an EV and flipping it quickly in their inventory, pocketing the Fed tax credit and making a profit on the sale. Indeed, I can't find anywhere a private owner got attacked by the IRS for selling their new Model 3 quickly.
Here are references from the actual Tax Code & form instructions for reference:
from https://www.irs.gov/irb/2009-48_IRB
also https://www.irs.gov/instructions/i8936
and 26 U.S. Code § 30D - New qualified plug-in electric drive motor vehicles:
(2) The original use of the vehicle commences with the taxpayer;
(3) The vehicle is acquired for use or lease by the taxpayer, and not for resale;
I can't find any mention of any IRS (or Colorado State) tax law or form instructions that say anything about selling a vehicle (private seller) before 1 year has elapsed.
Then, wbusch, this person's first post, drops this "insider info" (presumed) about the possible future for the EV Tax Credit:
in the present time, I guess the IRS can sort of "interpret" the "not for resale" portion of their Tax Code as a 1-year requirement. They have been known to throw around interpretations freely when attacking some people in the past, just letting the person defend themselves with personal expensive lawyers, while leaving the fed gov paying for the IRS's time pursuing it. Doesn't usually happen that way, but the IRS is notorious.
Somebody thought the IRS would want their $7.5K back, since I only had the car 7 months after buying it.
I did read some Tesla Model 3 threads about this topic.
**** If you recall, when the first people who reserved the Model 3 started getting theirs around 2018, many just pocketed the tax credits and simply sold the car real quick, in some cases a few days after registering theirs, for a profit on the open (hot) market for new Model 3's.
Somebody in the thread said the IRS just didn't want business dealerships buying an EV and flipping it quickly in their inventory, pocketing the Fed tax credit and making a profit on the sale. Indeed, I can't find anywhere a private owner got attacked by the IRS for selling their new Model 3 quickly.
Here are references from the actual Tax Code & form instructions for reference:
from https://www.irs.gov/irb/2009-48_IRB
also https://www.irs.gov/instructions/i8936
and 26 U.S. Code § 30D - New qualified plug-in electric drive motor vehicles:
(2) The original use of the vehicle commences with the taxpayer;
(3) The vehicle is acquired for use or lease by the taxpayer, and not for resale;
I can't find any mention of any IRS (or Colorado State) tax law or form instructions that say anything about selling a vehicle (private seller) before 1 year has elapsed.
Then, wbusch, this person's first post, drops this "insider info" (presumed) about the possible future for the EV Tax Credit:
wbusch said:The IRS has proposed regs that suggest you must recapture 100% of the credit if it was sold within the first year. Second year 66 2/3% and third year recapture is 33 1/3%
in the present time, I guess the IRS can sort of "interpret" the "not for resale" portion of their Tax Code as a 1-year requirement. They have been known to throw around interpretations freely when attacking some people in the past, just letting the person defend themselves with personal expensive lawyers, while leaving the fed gov paying for the IRS's time pursuing it. Doesn't usually happen that way, but the IRS is notorious.