U.S. Treasury Department Releases Proposed Rules for Qualified Clean Commercial Vehicles

The proposed rules for the Qualified Clean Commercial Vehicle Credit will help lower transportation costs, support domestic auto manufacturing, and strengthen U.S. energy security.

WASHINGTON Today, the U.S. Department of the Treasury and the Internal Revenue Service (IRS) issued a Notice of Proposed Rulemaking (NPRM) on the Qualified Clean Commercial Vehicle Credit (45W) established by the Tax Reduction Act. inflation of the Biden-Harris administration.

The Qualified Clean Commercial Vehicle (45W) Credit can be claimed by purchasing and operating qualified clean commercial vehicles, including certain battery electric vehicles (BEV), plug-in hybrid electric vehicles (PHEV), fuel cell (FCEV) and plug-in electric vehicles. -in hybrid fuel cell electric vehicles (PHFCEV). The credit is the lesser of 30% of the vehicle's base (15% for PHEVs) or the additional cost of the vehicle in excess of that of a vehicle comparable in size or use, powered solely by gasoline or diesel. A credit of up to $7,500 may be claimed for a single clean commercial vehicle qualified for cars and light trucks (gross vehicle weight rating (GVWR) less than 14,000 pounds), or otherwise $40,000 for vehicles such as electric buses and semi-trailers (GVWR equal to or greater than 14,000 pounds).

The release of Treasury's proposed rules for clean commercial vehicle credit marks an important step in the Biden-Harris administration's work to reduce transportation costs and strengthen U.S. energy security, the U.S. Deputy Treasury Secretary Wally Adeyemo. Today's guidance will provide the clarity and certainty needed to increase investment in clean vehicle manufacturing.

The NPRM released today proposes rules to implement the 45W credit, including:

Determination of the credit amount. The NPRM provides various pathways for taxpayers to determine the additional cost of a qualifying clean commercial vehicle for purposes of calculating the 45W credit amount. For example, the NPRM proposes that taxpayers may continue to use additional cost safe harbors such as those set forth in Notice 2023-9 and Notice 2024-5, and may rely on a written cost determination by the manufacturer to determine the incremental cost of an eligible commercial product. clean vehicle, or may calculate the incremental cost of an eligible clean vehicle compared to an internal combustion engine (ICE) vehicle based on the different costs of the vehicle's powertrains. Clarification of qualifying vehicle and eligibility requirements. The NPRM proposes rules regarding the types of vehicles eligible for the credit and aligns certain definitional concepts with those applicable to the 30D and 25E credits. Additionally, the NPRM proposes that vehicles be eligible only if they are used 100% for commercial or business purposes, except for de minimis personal use, and that the 45W credit be denied for vehicles qualified clean salespeople who previously benefited from a clean vehicle credit under 30D. or 45W. The NPRM requests comments on issues related to off-road mobile machinery, including approaches that could be taken to apply the definition of mobile machinery to off-road vehicles and whether an identification number system should be created of product for these machines in order to comply with regulations. requirements.

Treasury is encouraged by the level of adoption of clean vehicle credits in response to the Biden-Harris Administration's Inflation Reduction Act and welcomes public comment on today's NPRM during 60 days. A public hearing is scheduled for April 28, 2025.

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