Form 8936 - Qualified Plug-in Electric Drive Motor Vehicle Credit
Revision of a currently approved collection
No
Emergency
12/12/2022
Approved without change
12/12/2022
12/12/2022
In response to the emergency request memorandum submitted by the Treasury, OIRA is approving the Treasury's request for emergency approval of revision to OMB control # 1545-2137 for a period of six months. Prior to the expiration of this package in six months, Treasury shall undertake standard PRA notice and comment procedures and describe in its next ICR submission all comments received and the extent to which commenters' recommendations were adopted.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
06/30/2023
6 Months From Approved
08/31/2025
54,606
0
512
16,820
0
2,955
0
0
0
For tax years beginning after 2008, Form 8936 is used to figure the credit for qualified plug-in electric drive motor vehicles placed in service during the tax year. The credit attributable to depreciable property (vehicles used for business or investment purposes) is treated as a general business credit. Any credit not attributable to depreciable property is treated as a personal credit. For tax year beginning after 2022, Form 8936-A and Schedule 1 (Form 8936-A) are used to figure the Qualified Commercial Clean Vehicle Credit.
The notice sets forth guidance relating to the qualified plug-in electric drive motor vehicle credit under § 30D of the Internal Revenue Code, as in effect for vehicles acquired after December 31, 2009.
Revenue Procedure 2022-42 provides procedures for a vehicle manufacturer to certify that they are a qualified manufacturer of such vehicles and submit reports that a motor vehicle meets certain requirements for the clean vehicle credit(s) available under sections 30D, 45W, and/or 25E, to report the amount of the credit available with respect to the motor vehicle, and for sellers to report the sales of such vehicles.
The Department of the Treasury and the Internal Revenue Service (IRS) are requesting a revision to OMB Control Number 1545-2137 under emergency procedures in connection with provisions of sections 13401, 13402, and 13402(a) of Public Law 117-169, (August 16, 2022), known as the Inflation Reduction Act of 2022 (IRA).
Sections 30D, 45W, and 25E provide a tax credit for the acquisition and placing in service of clean vehicles, including new vehicles, commercial vehicles, and previously owned vehicles, respectively. Sections 30D, 45W, and 25E each provide that for a vehicle to qualify for such credits, it must be manufactured by a qualified manufacturer. Sections 30D and 25E also impose additional reporting requirements by the seller of such vehicles. This revenue procedure sets forth the procedures under § 30D(d)(3) of the Internal Revenue Code (Code) for qualified manufacturers to enter into a written agreement with the Secretary of the Treasury or her delegate (Secretary) under which such a manufacturer agrees to make periodic written reports to the Secretary providing vehicle identification numbers and such other information related to each vehicle manufactured by such manufacturer as the Secretary may require. Vehicles eligible for the credit for qualified commercial vehicles under § 45W and vehicles eligible for the credit for previously owned clean vehicles under § 25E of the Code, respectively, must be manufactured by a qualified manufacturer as described in § 30D(d)(1)(C) and (d)(3) of the Code. See §§ 45W(c)(1) and 25E(c)(1)(D)(i). This revenue procedure also provides the procedures for persons selling vehicles to report the information required to be reported the IRS in order for a vehicle to be eligible for the clean vehicle credit under §§ 30D or 25E.
The IRS needs to publish Revenue Procedure 2022-42 before December 16, 2022, so that manufacturers of qualified clean vehicles can enter into a written agreement with the Secretary to become a qualified manufacturer and provide written reports to certify that their clean vehicles qualify for the applicable tax credits under sections 30D, 45W, and/or 25E in advance of the amended or new Code sections taking effect on January 1, 2023. Manufacturers need time before January 1, 2023, to enter into a written agreement with the IRS to become a qualified manufacturer, so consumers can shop with confidence that a clean vehicle is made by a qualified manufacturer and is eligible for the applicable tax credit. Further, manufacturers need to time to identify eligible vehicles and compile reports on eligible vehicles. If the revenue procedure is not published before December 16, 2022, taxpayers may not have the information they need to purchase a clean vehicle and claim the applicable tax credit. Once IRA passed in August 2022, IRS and Treasury began an inter-agency effort to provide guidance to taxpayers for the clean vehicle tax credits. Given the changes to section 30D, and the new sections 45W and 25E, all set to take effect less than five months after the IRA passed, it was not possible to prepare this Revenue Procedure with sufficient time to solicit public comment in advance of issuance.
Following normal Paperwork Reduction Act clearance procedures would thus result in harm to manufacturers, dealers, and sellers of qualified clean vehicles who would be unable to submit their certifications that they are qualified manufacturers or requires sales reports starting January 1, 2023. Therefore, due to the extraordinary circumstances and statutory deadlines, Treasury and IRS request emergency processing of this information collection request by December 9, 2022. Given the inability to seek public comment during such a short timeframe, IRS also respectfully requests a waiver from the requirement to publish a notice in the Federal Register seeking public comment during the period of Office of Management and Budget review.
US Code:
26 USC 30D
Name of Law: Qualified Plug-in Electric Vehicle Credit
PL:
Pub.L. 117 - 169 13401 and 13402
Name of Law: Inflation Reduction Act of 2022
US Code:
26 USC 45W
Name of Law: Credit for qualified commercial clean vehicles
US Code:
26 USC 25E
Name of Law: Previously-owned clean vehicles
US Code: 26 USC 30D Name of Law: Qualified Plug-in Electric Vehicle Credit
The above changes resulted in a program change due to new statues, Section 45W and 25E and modifications to Section 30D, for an increase of 54,094 respondents and 13,865 burden hours.
$70,241
No
Yes
No
No
No
Yes
No
William Woolf 202 317-5761
Reginfo record details
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Form Schedule 1 (Form 8 Qualified Commercial Clean Vehicle Credit Amount
Emergency Justification Memo (1545-2137)-12-8-2022.docx
Rev Proc 2022-42 - Monthly Report