American Recovery and Reinvestment Act of 2009

Here is the full text of the bill on politico:
h0ttp://www.politico.com/story/2013/01/fiscal-cliff-bill-full-text-85644.html

Possible areas of ES interest:
Sec. 301 Extension and modification of Research Credit

SEC. 403. EXTENSION OF CREDIT FOR 2- OR 3-WHEELED PLUG-IN ELECTRIC VEHICLES. (a) IN GENERAL.--Section 30D is amended by adding at the end the following new subsection: ''(g) CREDIT ALLOWED FOR 2- AND 3-WHEELED PLUG-IN ELECTRIC VEHICLES. ''
(1) IN GENERAL.--In the case of a qualified 2- or 3-wheeled plug-in electric vehicle ''(A) 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 the applicable amount with respect to each such qualified 2- or 3-wheeled plug-in electric vehicle placed in service by the taxpayer during the taxable year, and ''(B) the amount of the credit allowed under subparagraph (A) shall be treated as a 18 credit allowed under subsection (a). ''
(2) APPLICABLE AMOUNT.--For purposes of paragraph (1), the applicable amount is an amount equal to the lesser of ''(A) 10 percent of the cost of the qualified 2- or 3-wheeled plug-in electric vehicle, or ''(B) $2,500.''
(3) QUALIFIED ELECTRIC VEHICLE.--The 2- OR 3-WHEELED PLUG-IN term 'qualified 2- or 3- wheeled plug-in electric vehicle' means any vehicle which-- ''(A) has 2 or 3 wheels, ''(B) meets the requirements of subparagraphs (A), (B), (C), (E), and (F) of subsection(d)(1) (determined by substituting '2.5 kilowatt hours' for '4 kilowatt hours' in subparagraph (F)(i)), ''(C) is manufactured primarily for use on public streets, roads, and highways, ''(D) is capable of achieving a speed of 45 miles per hour or greater, and ''(E) is acquired after December 31, 2011, and before January 1, 2014.''. (b) CONFORMING AMENDMENTS.--
(1) NO DOUBLE BENEFIT.--Paragraph (2) of section 30D(f) is amended-- (A) by striking ''new qualified plug-in electric drive motor vehicle'' and inserting ''vehicle for which a credit is allowable under subsection (a)'', and (B) by striking ''allowed under subsection (a)'' and inserting ''allowed under such subsection''.
(2) AIR QUALITY AND SAFETY STANDARDS.-- Section 30D(f)(7) is amended by striking ''motor vehicle'' and inserting ''vehicle''. (c) EFFECTIVE DATE.--The amendments made by 5 this section shall apply to vehicles acquired after December 31, 2011.
 
OK, American REcovery and Reinvestment Act 2009

SEC. 1142. CREDIT FOR CERTAIN PLUG-IN ELECTRIC VEHICLES.
(a) In General.— Section 30 is amended to read as follows: "SEC. 30. CERTAIN PLUG-IN ELECTRIC VEHICLES. "(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 10 percent of the cost of any qualified plug-in electric vehicle placed in service by the taxpayer during the taxable year. "(b) Per Vehicle Dollar Limitation.—The amount of the credit allowed under subsection (a) with respect to any vehicle shall not exceed $2,500. "(c) 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.— "(A) In general.—For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. "(B) Limitation based on amount of tax.—In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of— "(i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over "(ii) the sum of the credits allowable under subpart A (other than this section and sections 23, 25D, and 30D) and section 27 for the taxable year. "(d) Qualified Plug-in Electric Vehicle.—For purposes of this section— "(1) In general.—The term `qualified plug-in electric vehicle' means a specified vehicle— "(A) the original use of which commences with the taxpayer, "(B) which is acquired for use or lease by the taxpayer and not for resale, "(C) which is made by a manufacturer, "(D) which is manufactured primarily for use on public streets, roads, and highways, "(E) which has a gross vehicle weight rating of less than 14,000 pounds, and "(F) which is propelled to a significant extent by an electric motor which draws electricity from a battery which— "(i) has a capacity of not less than 4 kilowatt hours (2.5 kilowatt hours in the case of a vehicle with 2 or 3 wheels), and "(ii) is capable of being recharged from an external source of electricity. "(2) Specified vehicle.—The term `specified vehicle' means any vehicle which— "(A) is a low speed vehicle within the meaning of section 571.3 of title 49, Code of Federal Regulations (as in effect on the date of the enactment of the American Recovery and Reinvestment Tax Act of 2009), or "(B) has 2 or 3 wheels. "(3) Manufacturer.—The term `manufacturer' has the meaning given such term 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) Battery capacity.—The term `capacity' means, with respect to any battery, the quantity of electricity which the battery is capable of storing, expressed in kilowatt hours, as measured from a 100 percent state of charge to a 0 percent state of charge. "(e) Special Rules.— "(1) Basis reduction.—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. "(2) No double benefit.—The amount of any deduction or other credit allowable under this chapter for a new qualified plug-in electric drive motor vehicle shall be reduced by the amount of credit allowable under subsection (a) for such vehicle. "(3) Property used by tax-exempt entity.—In the case of a vehicle 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 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 (c)). "(4) 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). "(5) 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. "(6) Election not to 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. "(f) Termination.—This section shall not apply to any vehicle acquired after December 31, 2011.". (b) Conforming Amendments.— (1)(A) Section 24(b)(3)(B) is amended by inserting "30," after "25D,". (B) Section 25(e)(1)(C)(ii) is amended by inserting "30," after "25D,". (C) Section 25B(g)(2) is amended by inserting "30," after "25D,". (D) Section 26(a)(1) is amended by inserting "30," after "25D,". (E) Section 904(i) is amended by striking "and 25B" and inserting "25B, 30, and 30D". (F) Section 1400C(d)(2) is amended by striking "and 25D" and inserting "25D, and 30". (2) Paragraph (1) of section 30B(h) is amended to read as follows: "(1) Motor vehicle.—The term `motor vehicle' means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels.". (3) Section 30C(d)(2)(A) is amended by striking ", 30,". (4)(A) Section 53(d)(1)(B) is amended by striking clause (iii) and redesignating clause (iv) as clause (iii). (B) Subclause (II) of section 53(d)(1)(B)(iii), as so redesignated, is amended by striking "increased in the manner provided in clause (iii)". (5) Section 55(c)(3) is amended by striking "30(b)(3),". (6) Section 1016(a)(25) is amended by striking "section 30(d)(1)" and inserting "section 30(e)(1)". (7) Section 6501(m) is amended by striking "section 30(d)(4)" and inserting "section 30(e)(6)". (8) The item in the table of sections for subpart B of part IV of subchapter A of chapter 1 is amended to read as follows: "Sec. 30. Certain plug-in electric vehicles.". (c) Effective Date.— The amendments made by this section shall apply to vehicles acquired after the date of the enactment of this Act. (d) Transitional Rule.— In the case of a vehicle acquired after the date of the enactment of this Act and before January 1, 2010, no credit shall be allowed under section 30 of the Internal Revenue Code of 1986, as added by this section, if credit is allowable under section 30D of such Code with respect to such vehicle. (e) Application of EGTRRA Sunset.— The amendment made by subsection (b)(1)(A) shall be subject to title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 in the same manner as the provision of such Act to which such amendment relates.
 
trippymaze.jpg
 
Hey, who runs things? Money runs things. But so does awesomeness.

Does your bike only go 44 mph nep?

I just got excited by the definition of manufacturer which included those who import parts , and merely assemble vehicles. 10% would make me happy, and I think I could do 45 mph, and 2.5 kwh.

Probably just a TIN needed.
 
Internal Revenue Bulletin: 2009-30 ...July 27, 2009
Notice 2009-58
Qualified Plug-In Electric Vehicle Credit Under Section 30
SECTION 1. PURPOSE
This notice sets forth interim guidance, pending the issuance of regulations, relating to the qualified plug-in electric vehicle credit under § 30 of the Internal Revenue Code. Specifically, this notice provides procedures for a vehicle manufacturer (or, in the case of a foreign vehicle manufacturer, its domestic distributor) to certify to the Internal Revenue Service (“Service”) that a vehicle of a particular make, model, and model year meets the requirements that must be satisfied to claim the new specified plug-in electric vehicle credit under § 30.

This notice also provides guidance to taxpayers who purchase vehicles regarding the conditions under which they may rely on the vehicle manufacturer’s (or, in the case of a foreign vehicle manufacturer, its domestic distributor’s) certification in determining whether a credit is allowable with respect to the vehicle. The Service and the Treasury Department expect that the regulations will incorporate the rules set forth in this notice.

SECTION 5. MANUFACTURER’S CERTIFICATION
.01 When Certification Permitted. A vehicle manufacturer (or, in the case of a foreign vehicle manufacturer, its domestic distributor) may certify to purchasers that a vehicle of a particular make, model, and (if applicable) model year meets all requirements (other than those listed in section 5.02 of this notice) that must be satisfied to claim the qualified plug-in electric vehicle credit allowable under § 30 with respect to the vehicle, if the following requirements are met:

(1) The manufacturer (or, in the case of a foreign vehicle manufacturer, its domestic distributor) has submitted to the Service, in accordance with this section 5, a certification with respect to the vehicle and the certification satisfies the requirements of section 5.03 of this notice; and

(2) The manufacturer (or, in the case of a foreign vehicle manufacturer, its domestic distributor) has received an acknowledgment of the certification from the Service.

.02 Purchaser’s Reliance. Except as provided in section 5.05 of this notice, a purchaser of a vehicle may rely on the manufacturer’s (or, in the case of a foreign vehicle manufacturer, its domestic distributor’s) certification concerning the vehicle (including cases in which the certification is received after the purchase of the vehicle). The purchaser may claim a credit with respect to a vehicle if the following requirements are satisfied:

(1) The vehicle is acquired after February 17, 2009, and on or before December 31, 2011;

(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;

(4) The vehicle is used predominantly in the United States.

.03 Content of Certification. The certification must contain the information required in section 5.03(1) of this notice and any applicable additional information required in section 5.03(2) of this notice.

(1) All Vehicles. For all vehicles, the certification must contain the following information:

(a) The name, address, and taxpayer identification number of the certifying entity;

(b) The make, model and (if applicable) model year, and any other appropriate identifiers of the vehicle;

(c) A statement that the vehicle is made by a manufacturer;

(d) The gross vehicle weight rating of the vehicle;

(e) A statement that the vehicle is propelled to a significant extent by an electric motor which draws electricity from a battery;

(f) The number of wheels that the vehicle has;

(g) The kilowatt hour capacity of the battery;

(h) A statement that the battery is capable of being recharged from an external source of electricity;

(i) A statement that the vehicle is manufactured primarily for use on public streets, roads, and highways, and is not manufactured primarily for off-road use;

(j) A description of the motor vehicle safety provisions of 49 C.F.R. Part 571 applicable to the vehicle and a statement that the vehicle complies with those provisions; and

(k) A declaration, applicable to the certification, statements, and any accompanying documents, signed by a person currently authorized to bind the manufacturer (or, in the case of a foreign vehicle manufacturer, its domestic distributor) in these matters, in the following form: “Under penalties of perjury, I declare that I have examined this certification, including accompanying documents, and to the best of my knowledge and belief, the facts presented in support of this certification are true, correct, and complete.”

(2) Low Speed Vehicles. A certification with respect to a low speed vehicle as defined in section 4.04 of this notice must also contain the following:

(a) A statement that the vehicle is a low speed vehicle within the meaning of section 571.3 of Title 49 of the Code of Federal Regulations (as in effect on February 17, 2009), and

(b) A specific statement that the maximum speed attainable by the vehicle in 1 mile is more than 20 miles per hour but not more than 25 miles per hour on a paved level surface.

.04 Acknowledgement of Certification. The Service will review the original signed certification and issue an acknowledgment letter to the vehicle manufacturer (or, in the case of a foreign vehicle manufacturer, its domestic distributor) within 30 days of receipt of the request for certification. This acknowledgment letter will state whether purchasers may rely on the certification.

.05 Effect of Erroneous Certification. The acknowledgment that the Service provides for a certification is not a determination that a vehicle qualifies for the credit. If the Service, upon examination (and after any appropriate consultation with the Department of Transportation or the Environmental Protection Agency), determines that the vehicle is not a qualified plug-in electric vehicle, the manufacturer’s (or, in the case of a foreign vehicle manufacturer, its domestic distributor’s) right to provide a certification to future purchasers of plug-in electric vehicles will be withdrawn. Purchasers who acquire vehicles after the date on which the Service publishes an announcement of the withdrawal may not rely on the certification. Purchasers may continue to rely on the certification for vehicles they acquired on or before the date on which the announcement of the withdrawal is published (including in cases in which the vehicle is not placed in service and the credit is not claimed until after that date), and the Service will not attempt to collect any understatement of tax liability attributable to such reliance. Manufacturers (or, in the case of foreign vehicle manufacturers, their domestic distributors) are reminded that an erroneous certification may result in the imposition of penalties, including, but not limited to, the following:

(1) Under § 7206 for fraud and making false statements; and

(2) Under § 6701 for aiding and abetting an understatement of tax liability in the amount of $1,000 ($10,000 in the case of understatements by corporations) per return on which a credit is claimed in reliance on the certification.

Section 6. TIME AND ADDRESS FOR FILING CERTIFICATION
.01 Time for Filing Certification. In order for a certification under section 5 of this notice to be effective for qualified plug-in electric vehicles placed in service during a calendar year, the certification must be received by the Service not later than December 31 of that calendar year.

.02 Address for Filing. Certifications under section 5 of this notice must be sent to:

Internal Revenue Service
Industry Director, LMSB, Heavy
Manufacturing & Transportation
Metro Park Office Complex — LMSB
111 Wood Avenue, South
Iselin, New Jersey 08830

The estimated total annual reporting burden is 250 hours.
 
The fact remains they are simply demonstrating their lack of understanding with this bill. What is the most effective electric vehicle on the road today? Gets less than 5 miles from home and makes it back, goes less than 30mph (That anyone knows about) bought cheap to be used instead of the car/truck that sits in the driveway a little more, etc. 2,000 miles a year on an electric scooter or bike means 75 to 150 gallons of gas saved in that time, people who live close to work can do that using it SOME of the time. 1 million such vehicles at less than $1,000 each means for less than $1 billion buy-in can mean total around 100 million gallons of gas saved in the first year, $400-500 million dollars then spent on something else. It gets better as the two wheeler keeps on working with minimal battery replacement, etc.

How many people are really going to go spend what they have to for a QUALIFYING electric? Politicians routely demonstrate an inability to understand business models that WORK!

20120520_toughmudder12_53.jpg
 
If politicians have an inability to understand business plans that work...explain how my money keeps ending up in their pockets and their friends pockets?

I hope you don't mind the reams of legalese. But that study on lobbyist dollars having a 22,000% return on investment gets me reading the details.

The IRS knows me.
They may pass a law for the real slim shady.
Then they ask, "Will the real slim shady please stand up?"
And they are kind of surprised when they see me.
But...pursuant to section 204 of 11521...I am technically identical to the real slim shady :D
Nice to meet you.

It has already worked for me before...I already have a taxpayer identification number...plus talking to those guys can get interesting.
So...expect more legalese.
Sorry :p
 
So, it follows the letter qualifying, but apparently requires a VIN to complete. Anyone else pondering this?
 
Many states classify a bicycle as a vehicle, or at least have a law that states a bicycle "has all the the rights and responsibilities of any other vehicle", which in my case is close enough.

Most bikes have an "Identification Number" stamped on the bottom bracket,
DSCF3083.JPG


In my book, that means: "Vehicle" + "Identification Number" = "Vehicle Identification Number". I'd give it a shot.

For me however I want to stay under the radar. The minute I get a tax credit on the thing, I'll be enrolled into annual excise taxes and/or bills for registration fees...
 
That is the part I am researching now. I have already confirmed that assembling a vehicle from components counts as manufacturing. With the requirements for the credit, there are serious opportunities for V3 cycle analyst for voltage control, controllers from methods, Lyen, Arlo1(when his are available) wider dropouts from Farfle, DOT wheels from johnrobholmes, motors from JohninCR... etc. etc.

I am working on understanding the whole process. However, I am also trying to contact the right people in China. They have the most to gain...getting the right people to do the right due diligence, and make the right investment would be a definite feather in my cap. Who knows though, but seems doable.

I am pushing to see the assembly here on this side of the pacific. This seems to be the tricky part. Maybe some out of work ESers could "manufacture" less than 300 vehicles? I would love it.

There is a pretty substantial tax credit in China for exporting...so, if I continue playing my cards right...perhaps even the manufacturing facility could be delivered to the right person's home, loaded with some of the materials, and ready to rock out some tax credit worthy vehicles. 8)
 
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