[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4817 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4817
To amend the Internal Revenue Code of 1986 to provide a credit for
previously-owned qualified plug-in electric drive motor vehicles.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 29, 2021
Mr. Gomez (for himself, Mr. Suozzi, Mr. Panetta, Mr. Evans, Mr.
Blumenauer, Ms. Moore of Wisconsin, Mr. Beyer, Ms. Sanchez, and Ms.
DelBene) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to provide a credit for
previously-owned qualified plug-in electric drive motor vehicles.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Affordable EVs for Working Families
Act''.
SEC. 2. CREDIT FOR PREVIOUSLY-OWNED QUALIFIED PLUG-IN ELECTRIC DRIVE
MOTOR VEHICLES.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 36B the following new section:
``SEC. 36C. PREVIOUSLY-OWNED QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR
VEHICLES.
``(a) Allowance of Credit.--In the case of a qualified buyer who
during a taxable year places in service a previously-owned qualified
plug-in electric drive motor vehicle, there shall be allowed as a
credit against the tax imposed by this subtitle for the taxable year an
amount equal to the sum of--
``(1) $1,250, plus
``(2) in the case of a vehicle which draws propulsion
energy from a battery which exceeds 4 kilowatt hours of
capacity (determined at the time of sale), the lesser of--
``(A) $1,250, and
``(B) the product of $208.50 and such excess
kilowatt hours.
``(b) Limitations.--
``(1) Sale price.--The credit allowed under subsection (a)
with respect to sale of a vehicle shall not exceed 30 percent
of the sale price.
``(2) Adjusted gross income.--The amount which would (but
for this paragraph) be allowed as a credit under subsection (a)
shall be reduced (but not below zero) by $200 for each $1,000
(or fraction thereof) by which the taxpayer's adjusted gross
income exceeds $75,000 (twice such amount in the case of a
joint return).
``(c) Definitions.--For purposes of this section--
``(1) Previously-owned qualified plug-in electric drive
motor vehicle.--The term `previously-owned qualified plug-in
electric drive motor vehicle' means, with respect to a
taxpayer, a motor vehicle--
``(A) the model year of which is at least 2 earlier
than the calendar year in which the taxpayer acquires
such vehicle,
``(B) the original use of which commences with a
person other than the taxpayer,
``(C) which is acquired by the taxpayer in a
qualified sale,
``(D) registered by the taxpayer for operation in a
State or possession of the United States,
``(E) which meets the requirements of subparagraphs
(C), (D), (E), and (F) of section 30D(d)(1), and
``(F) which is not of a character subject to an
allowance for depreciation.
``(2) Qualified sale.--The term `qualified sale' means a
sale of a motor vehicle--
``(A) by a seller who holds such vehicle in
inventory (within the meaning of section 471) for sale
or lease,
``(B) for a sale price of less than $25,000, and
``(C) which is the first transfer since the date of
the enactment of this section to a person other than
the person with whom the original use of such vehicle
commenced.
``(3) Qualified buyer.--The term `qualified buyer' means,
with respect to a sale of a motor vehicle, a taxpayer--
``(A) who is an individual,
``(B) who purchases such vehicle for use and not
for resale,
``(C) with respect to whom no deduction is
allowable with respect to another taxpayer under
section 151,
``(D) who has not been allowed a credit under this
section for any sale during the 3-year period ending on
the date of the sale of such vehicle, and
``(E) who possesses a certificate issued by the
seller that certifies--
``(i) that the vehicle is a previously-
owned qualified plug-in electric drive motor
vehicle,
``(ii) the vehicle identification number of
such vehicle,
``(iii) the capacity of the battery at time
of sale, and
``(iv) such other information as the
Secretary may require.
``(4) Motor vehicle; capacity.--The terms `motor vehicle'
and `capacity' have the meaning given such terms in paragraphs
(2) and (4) of section 30D(d), respectively.
``(d) VIN Number Requirement.--No credit shall be allowed under
subsection (a) with respect to any vehicle unless the taxpayer includes
the vehicle identification number of such vehicle on the return of tax
for the taxable year.
``(e) Application of Certain Rules.--For purposes of this section,
rules similar to the rules of paragraphs (1), (2), (4), (5), (6), and
(7) of section 30D(f) shall apply for purposes of this section.
``(f) Certificate Submission Requirement.--The Secretary may
require that the issuer of the certificate described in subsection
(c)(3)(E) submit such certificate to the Secretary at the time and in
the manner required by the Secretary.''.
(b) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36C,'' after ``36B,''.
(2) Section 6213(g)(2) of such Code is amended--
(A) in subparagraph (P), by striking ``and'' at the
end,
(B) in subparagraph (Q), by striking the period at
the end and inserting ``, and'', and
(C) by adding at the end the following:
``(R) an omission of a correct vehicle
identification number required under section 36C(d)
(relating to credit for previously-owned qualified
plug-in electric drive motor vehicles) to be included
on a return.''.
(3) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``36C,'' after ``36B,''.
(c) Clerical Amendment.--The table of sections for subpart C of
part IV of subchapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 36B the
following new item:
``Sec. 36C. Previously-owned qualified plug-in electric drive motor
vehicles.''.
(d) Effective Date.--The amendments made by this section shall
apply to vehicles acquired after the date of the enactment of this Act.
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