26 U.S.C. § 45W — Credit for qualified commercial clean vehicles

(a) In general. The qualified commercial clean vehicle credit for a tax year is the total of the per-vehicle credit amounts (figured under (b)) for every qualified commercial clean vehicle the taxpayer placed in service that year. (b) Per vehicle amount. (1) In general: The credit for one vehicle is the smaller of (A) 15 percent of the vehicle's basis (cost) — or 30 percent if the vehicle isn't powered by a gasoline or diesel engine — or (B) the vehicle's "incremental cost," defined next. (2) Incremental cost: This is how much more the vehicle's purchase price is compared to the price of a "comparable vehicle." (3) Comparable vehicle: A vehicle powered only by a gasoline or diesel engine, that is similar in size and use to the clean vehicle. (4) Limitation: The credit for one vehicle cannot be more than (A) $7,500, for a vehicle with a gross weight rating under 14,000 pounds, or (B) $40,000, for a heavier vehicle. (c) Qualified commercial clean vehicle. To qualify, a vehicle must meet all of these: (1) It meets the requirements of section 30D(d)(1)(C), and the taxpayer bought or leased it for its own use, not to resell. (2) Either (A) it meets section 30D(d)(1)(D) and is built mainly for use on public streets, roads, and highways (not a vehicle that only runs on rails), or (B) it is "mobile machinery," as defined in section 4053(8) — including machinery not built to carry loads over public highways. (3) Either (A) it runs to a significant degree on an electric motor drawing power from a battery of at least 15 kilowatt-hours (7 kilowatt-hours for a vehicle under 14,000 pounds) that can be recharged from an outside power source, or (B) it is a motor vehicle that meets the fuel-cell requirements in section 30B(b)(3)(A) and (B). (4) It is the kind of property that can be depreciated. (d) Special rules. (1) In general: Rules like those under section 30D(f) apply, except for paragraphs (10) and (11) of that section. (2) Vehicles placed in service by tax-exempt entities: The "not for resale" requirement in (c)(4) does not apply to a vehicle that isn't leased and is placed in service by certain tax-exempt entities described in section 168(h)(2)(A), clauses (i), (ii), or (iv). (3) No double benefit: No credit under this section for a vehicle that already got a credit under section 30D. (e) VIN number requirement. No credit under (a) for a vehicle unless the taxpayer includes that vehicle's vehicle identification number on its tax return for the year. (f) Regulations and guidance. The Secretary must issue whatever regulations or guidance are needed to carry out this section, including how to figure a vehicle's incremental cost. (g) Termination. No credit under this section for any vehicle acquired after September 30, 2025.