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26 U.S.C. § 30CAlternative fuel vehicle refueling property credit

submitted 21 years ago by Pub. L. 109-58 to r/title-26-INTERNAL-REVENUE-CODE · 1,423 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law gives a tax credit for installing equipment that refuels alternative-fuel or electric vehicles. The credit covers 30% of the cost, or 6% for business equipment, up to set dollar caps. The equipment must sit in certain approved neighborhoods, and the credit ends after June 30, 2026.

(a) Credit allowed: If you place qualified alternative fuel vehicle refueling property in service during the tax year, you can claim a credit. It equals 30% of the property's cost — or just 6%, if the property is the kind of business property you depreciate. (b) Limitation: For any single piece of qualifying refueling property, the credit is capped. If the property is depreciable, the cap is $100,000. If it isn't — meaning it's for personal, non-business use — the cap is $1,000. (c) Qualified alternative fuel vehicle refueling property: (1) In general: This term borrows its meaning from "qualified clean-fuel vehicle refueling property" as defined in section 179A, with two changes. First, the rule in section 179A(d)(1) that excludes property installed at your main home doesn't apply here — so refueling property at your residence can still qualify. Second, only certain fuels count as "clean-burning" for this purpose: a fuel that's at least 85% (by volume) ethanol, natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, or hydrogen; a mixture of two or more of biodiesel, diesel fuel, or kerosene, where at least 20% of the volume (not counting any kerosene) is biodiesel; electricity; or any "transportation fuel" as defined in section 45Z(d)(5). (2) Bidirectional charging equipment: Charging equipment doesn't lose its eligibility just because it can also send power the other way — discharging electricity from a vehicle's battery back out to an external electric load. (3) Property required to be located in eligible census tracts: (A) In general: The property only qualifies if it's placed in service in an "eligible census tract." (B) Eligible census tract: This means a census tract that either qualifies under section 45D(e) (the low-income community definition used for the New Markets Tax Credit), or isn't an "urban area." An "urban area" here means a census tract that the Secretary of Commerce designated as urban, based on the most recent census. (d) Application with other credits: (1) The portion of this credit tied to depreciable business property becomes part of the general business credit under section 38(b), instead of being claimed directly under subsection (a). (2) The rest of the credit — for personal use — is capped. It can't exceed the amount by which your regular tax liability (reduced by certain other personal credits, under section 26(b) and section 27) is more than your tentative minimum tax for the year. (e) Special rules: (1) Reduction in basis: If you claim this credit, you must reduce the property's tax basis by the credit amount. (2) Property used by tax-exempt entity: If a tax-exempt entity uses the property without leasing it, the seller is treated as the taxpayer who placed it in service and can claim the credit — but only if the seller clearly discloses, in writing, the credit amount to the buyer. That property then counts as depreciable property for purposes of subsection (d). (3) Property used outside United States not qualified: No credit for property used mainly outside the U.S., or for costs you already expensed under section 179. (4) Election not to take credit: You can choose not to claim the credit for particular property. (5) Recapture rules: Rules like those in section 179A(e)(4) apply if the property stops qualifying. (6) Reference: Wherever this section refers to section 179A, it means section 179A as it existed right before that section was repealed. (f) Special rule for electric charging stations for certain vehicles with 2 or 3 wheels: (1) In general: "Qualified alternative fuel vehicle refueling property" also includes property described in subsection (c) that recharges the kind of small electric vehicle described in paragraph (2) — but only if the property also meets the requirements of subsection (a)(2) and is depreciable business property. (2) Motor vehicle: A vehicle qualifies here if it's built mainly for public street, road, or highway use (not a rail vehicle), has 2 or 3 wheels, and runs on electricity. (g) Wage and apprenticeship requirements: (1) Increased credit amount: (A) In general: If a refueling project meets the requirements in subparagraph (C), the credit for any depreciable property in that project multiplies by 5. (B) Qualified alternative fuel vehicle refueling project: This means one or more properties that are all part of one single project. (C) Project requirements: A project qualifies for the 5x multiplier if either: construction starts before the date that's 60 days after the Secretary publishes guidance on the wage and apprenticeship rules below, or the project actually satisfies the prevailing wage requirement in paragraph (2)(A) and the apprenticeship requirement in paragraph (3). (2) Prevailing wage requirements: (A) In general: The taxpayer has to make sure that any laborers or mechanics working for the taxpayer, or for any contractor or subcontractor, on building this property get paid no less than the prevailing local wage rates for similar construction work — the rates the Secretary of Labor most recently set, under the rules in subchapter IV of chapter 31 of title 40. (B) Correction and penalty related to failure to satisfy wage requirements: If the taxpayer doesn't meet this requirement, rules like those in section 45(b)(7)(B) — covering correction and penalty payments — apply. (3) Apprenticeship requirements: Rules like those in section 45(b)(8) apply here too. (4) Regulations and guidance: The Secretary must issue whatever regulations or guidance are needed to carry out this subsection, including rules on recordkeeping and reporting. (h) Regulations: The Secretary must issue whatever regulations are needed to carry out this section generally. (i) Termination: This section doesn't apply to property placed in service after June 30, 2026.
the actual law source: uscode.house.gov ↗public domain
(a) Credit allowed

There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent (6 percent in the case of property of a character subject to depreciation) of the cost of any qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year.

(b) Limitation

The credit allowed under subsection (a) with respect to any single item of qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year shall not exceed—

(1)

$100,000 in the case of any such item of property of a character subject to an allowance for depreciation, and

(2)

$1,000 in any other case.

(c) Qualified alternative fuel vehicle refueling property

For purposes of this section—

(1) In general

The term “qualified alternative fuel vehicle refueling property” has the same meaning as the term “qualified clean-fuel vehicle refueling property” would have under section 179A if—

(A)

paragraph (1) of section 179A(d) did not apply to property installed on property which is used as the principal residence (within the meaning of section 121) of the taxpayer, and

(B)

only the following were treated as clean-burning fuels for purposes of section 179A(d):

(i)

Any fuel at least 85 percent of the volume of which consists of one or more of the following: ethanol, natural gas, compressed natural gas, liquified natural gas, liquefied petroleum gas, or hydrogen.

(ii)

Any mixture—

(I)

which consists of two or more of the following: biodiesel (as defined in section 40A(d)(1)), diesel fuel (as defined in section 4083(a)(3)), or kerosene, and

(II)

at least 20 percent of the volume of which consists of biodiesel (as so defined) determined without regard to any kerosene in such mixture.

(iii)

Electricity.

(iv)

Any transportation fuel (as defined in section 45Z(d)(5)).

(2) Bidirectional charging equipment

Property shall not fail to be treated as qualified alternative fuel vehicle refueling property solely because such property—

(A)

is capable of charging the battery of a motor vehicle propelled by electricity, and

(B)

allows discharging electricity from such battery to an electric load external to such motor vehicle.

(3) Property required to be located in eligible census tracts
(A) In general

Property shall not be treated as qualified alternative fuel vehicle refueling property unless such property is placed in service in an eligible census tract.

(B) Eligible census tract
(i) In general

For purposes of this paragraph, the term “eligible census tract” means any population census tract which—

(I)

is described in section 45D(e), or

(II)

is not an urban area.

(ii) Urban area

For purposes of clause (i)(II), the term “urban area” means a census tract (as defined by the Bureau of the Census) which, according to the most recent decennial census, has been designated as an urban area by the Secretary of Commerce.

(d) 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 section 27, over

(B)

the tentative minimum tax for the taxable year.

(e) Special rules

For purposes of this section—

(1) 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 (d)).

(2) Property used by tax-exempt entity

In the case of any qualified alternative fuel vehicle refueling property the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such property 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 property (determined without regard to subsection (d)). For purposes of subsection (d), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation.

(3) Property used outside United States 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.

(4) Election not to take credit

No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property.

(5) Recapture rules

Rules similar to the rules of section 179A(e)(4) shall apply.

(6) Reference

For purposes of this section, any reference to section 179A shall be treated as a reference to such section as in effect immediately before its repeal.

(f) Special rule for electric charging stations for certain vehicles with 2 or 3 wheels

For purposes of this section—

(1) In general

The term “qualified alternative fuel vehicle refueling property” includes any property described in subsection (c) for the recharging of a motor vehicle described in paragraph (2), but only if such property—

(A)

meets the requirements of subsection (a)(2),1 and

(B)

is of a character subject to depreciation.

(2) Motor vehicle

A motor vehicle is described in this paragraph if the motor vehicle—

(A)

is manufactured primarily for use on public streets, roads, or highways (not including a vehicle operated exclusively on a rail or rails),

(B)

has 2 or 3 wheels, and

(C)

is propelled by electricity.

(g) Wage and apprenticeship requirements
(1) Increased credit amount
(A) In general

In the case of any qualified alternative fuel vehicle refueling project which satisfies the requirements of subparagraph (C), the amount of the credit determined under subsection (a) for any qualified alternative fuel vehicle refueling property of a character subject to an allowance for depreciation which is part of such project shall be equal to such amount (determined without regard to this sentence) multiplied by 5.

(B) Qualified alternative fuel vehicle refueling project

For purposes of this subsection, the term “qualified alternative fuel vehicle refueling project” means a project consisting of one or more properties that are part of a single project.

(C) Project requirements

A project meets the requirements of this subparagraph if it is one of the following:

(i)

A project the construction of which begins prior to the date that is 60 days after the Secretary publishes guidance with respect to the requirements of paragraphs (2)(A) and (3).

(ii)

A project which satisfies the requirements of paragraphs (2)(A) and (3).

(2) Prevailing wage requirements
(A) In general

The requirements described in this subparagraph with respect to any qualified alternative fuel vehicle refueling project are that the taxpayer shall ensure that any laborers and mechanics employed by the taxpayer or any contractor or subcontractor in the construction of any qualified alternative fuel vehicle refueling property which is part of such project shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality in which such project is located as most recently determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code.

(B) Correction and penalty related to failure to satisfy wage requirements

Rules similar to the rules of section 45(b)(7)(B) shall apply.

(3) Apprenticeship requirements

Rules similar to the rules of section 45(b)(8) shall apply.

(4) Regulations and guidance

The Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this subsection, including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection.

(h) Regulations

The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section.

(i) Termination

This section shall not apply to any property placed in service after June 30, 2026.

Source credit: (Added Pub. L. 109–58, title XIII, § 1342(a), Aug. 8, 2005, 119 Stat. 1049; amended Pub. L. 109–135, title IV, §§ 402(k), 412(d), Dec. 21, 2005, 119 Stat. 2615, 2636; Pub. L. 110–172, § 6(b), Dec. 29, 2007, 121 Stat. 2479; Pub. L. 110–343, div. B, title II, § 207(a), (b), Oct. 3, 2008, 122 Stat. 3839; Pub. L. 111–5, div. B, title I, §§ 1123(a), 1142(b)(3), 1144(b)(2), Feb. 17, 2009, 123 Stat. 325, 331, 332; Pub. L. 111–312, title VII, § 711(a), Dec. 17, 2010, 124 Stat. 3315; Pub. L. 112–240, title IV, § 402(a), Jan. 2, 2013, 126 Stat. 2337; Pub. L. 113–295, div. A, title I, § 161(a), title II, §§ 218(b), 221(a)(34)(B), Dec. 19, 2014, 128 Stat. 4023, 4035, 4042; Pub. L. 114–113, div. Q, title I, § 182(a), Dec. 18, 2015, 129 Stat. 3072; Pub. L. 115–123, div. D, title I, § 40404(a), Feb. 9, 2018, 132 Stat. 148; Pub. L. 115–141, div. U, title IV, § 401(b)(3), Mar. 23, 2018, 132 Stat. 1201; Pub. L. 116–94, div. Q, title I, § 125(a), Dec. 20, 2019, 133 Stat. 3231; Pub. L. 116–260, div. EE, title I, § 143(a), Dec. 27, 2020, 134 Stat. 3054; Pub. L. 117–169, title I, §§ 13404(a)–(e), 13704(b)(2), Aug. 16, 2022, 136 Stat. 1966–1968, 2002; Pub. L. 119–21, title VII, § 70504, July 4, 2025, 139 Stat. 251.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 109-58 · 119 Stat. 1049
  • 2005Amended · Pub. L. 109-135 · 119 Stat. 2615, 2636
  • 2007Amended · Pub. L. 110-172 · 121 Stat. 2479
  • 2008Amended · Pub. L. 110-343 · 122 Stat. 3839
  • 2009Amended · Pub. L. 111-5 · 123 Stat. 325, 331, 332
  • 2010Amended · Pub. L. 111-312 · 124 Stat. 3315
  • 2013Amended · Pub. L. 112-240 · 126 Stat. 2337
  • 2014Amended · Pub. L. 113-295 · 128 Stat. 4023, 4035, 4042
  • 2015Amended · Pub. L. 114-113 · 129 Stat. 3072
  • 2018Amended · Pub. L. 115-123 · 132 Stat. 148
  • 2018Amended · Pub. L. 115-141 · 132 Stat. 1201
  • 2019Amended · Pub. L. 116-94 · 133 Stat. 3231
  • 2020Amended · Pub. L. 116-260 · 134 Stat. 3054
  • 2022Amended · Pub. L. 117-169 · 136 Stat. 1966
  • 2025Amended · Pub. L. 119-21 · 139 Stat. 251

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-58 on 2005-08-08.

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