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IRS Clean Vehicle Tax Credits: Inflation Reduction Act, New Section 30D Guidance, Section 45W Guidance, Charging Infrastructure Credits

Criteria for Classification of Qualifying Critical Minerals, Battery Component Requirements, and Other Factors

Recording of a 90-minute premium CLE/CPE video webinar with Q&A

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Conducted on Tuesday, June 20, 2023

Recorded event now available

or call 1-800-926-7926

This CLE/CPE webinar will provide taxpayers, manufacturers, advisers, and counsel a detailed analysis of available electric vehicle and other clean vehicle Federal tax credits under the Inflation Reduction Act (IRA). The panel will discuss the amendments to Section 30D of the Internal Revenue Code, the processes for meeting the critical minerals and battery requirements, issues stemming from components manufactured or assembled by foreign entities, and other considerations for the clean vehicle tax credit. The panel will also cover requirements under Section 45W for Qualified Commercial Clean Vehicles used or leased as depreciable assets in a trade or business, and the availability of the credit for vehicles leased to consumers. The panel will also cover used vehicle credits under Section 25E and credits available for charging infrastructure under Section 30D.

Description

The IRA provides significant opportunities to consumers, manufacturers, and commercial vehicle owners transitioning to electric vehicles. Tax professionals and advisers must understand the nuances of recent amendments and related guidance for Section 30D and new Section 45W to ensure optimum tax benefits for taxpayers.

Recent IRS proposed guidance for Section 30D focusing on definitions and substantive provisions for the critical minerals and battery components requirements to qualify for the consumer electric vehicle tax credit. If a vehicle does not satisfy all of the requirements, the Section 30D tax credit will either be limited or not available. Therefore, it is imperative that manufacturers follow the processes for determining the percentage of the value of applicable critical minerals and components contained in an electric vehicle battery.

For commercial fleets, new Section 45W authorizes tax credits of up to $40,000 or $7,500 per qualifying vehicle acquired and placed in service after December 31, 2022, that meet the definition of “qualified commercial clean vehicle.” Vehicles used or leased as depreciable assets in a trade or business can provide significant tax benefits for companies. Credits under this Section have also been claimed by lessors of vehicles to consumers. The panel will address the risks and concerns of that application.

Listen as our panel discusses the amendments to Section 30D, the processes for meeting the critical minerals and battery requirements, issues stemming from components manufactured or assembled by foreign entities, Section 45W requirements, and other considerations for the clean vehicle tax credit and the charging infrastructure credit under Section 30D.

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Outline

  1. History & Policy Objectives
  2. Clean Vehicle Credits: Section 30D: Amendments, Requirements
    1. Critical minerals
    2. Battery components
  3. Used Vehicle Credits: Section 25E
  4. Commercial Vehicle Credits: Section 45W
    1. Eligibility
    2. Challenges
  5. Other Clean Vehicles
    1. Fuel Cell Vehicles
    2. Relation to Clean Hydrogen Infrastructure Planning
  6. EV Charging Infrastructure
    1. Section 30C: Tax Credits for Clean Vehicle Charging Infrastructure
    2. Status of National Electric Vehicle Infrastructure Program
    3. Regulatory Strategies for Successful EV Charging Infrastructure Deployment
  7. Insights and Implications

Benefits

The panel will discuss these and other key issues:

  • The impact of the IRA on clean vehicle tax credits
  • Recent amendments and guidance for Section 30D consumer tax credit
  • Key issues and processes in determining the value of critical minerals and battery components
  • Challenges for manufacturers in light of the IRA and recent IRS guidance
  • Navigating the requirements of Section 45W and issues for used or leased vehicles in a trade or business

Faculty

Hanson, Andrew
Andrew C. Hanson

Partner
Perkins Coie

Mr. Hanson provides legal support for energy project acquisition, development and construction, including for natural...  |  Read More

Ognibene, Charles
Charles A. Ognibene

Partner
Duane Morris

Mr. Ognibene serves as a team lead of the firm's Transportation, Automotive and Logistics industry group....  |  Read More

Walker, Elisa
Elisa M. Walker

Attorney
Duane Morris

Ms. Walker practices in the area of corporate law with a focus on taxation, designing tax-efficient...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. CPE credit is not available on recordings. All formats include course handouts.

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