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- SEC. 136402. 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,
- as amended by the preceding provisions of this Act, is amended by
- inserting after section 36C the following new section:
- ``SEC. 36D. 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--
- ``(A) $150,000 in the case of a joint return or a
- surviving spouse (as defined in section 2(a)),
- ``(B) $112,500 in the case of a head of household
- (as defined in section 2(b)), and
- ``(C) $75,000 in the case of a taxpayer not
- described in paragraph (1) or (2).
- ``(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, and
- ``(E) which meets the requirements of subparagraphs
- (C), (D), (E), (F), and (G) of section 36C(e)(1).
- ``(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 not to exceed $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 36C(e), 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 36C(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.
- ``(g) Treatment of Certain Possessions.--
- ``(1) Payments to possessions with mirror code tax
- systems.--The Secretary shall pay to each possession of the
- United States which has a mirror code tax system amounts equal
- to the loss (if any) to that possession by reason of the
- application of the provisions of this section. Such amounts
- shall be determined by the Secretary based on information
- provided by the government of the respective possession.
- ``(2) Payments to other possessions.--The Secretary shall
- pay to each possession of the United States which does not have
- a mirror code tax system amounts estimated by the Secretary as
- being equal to the aggregate benefits (if any) that would have
- been provided to residents of such possession by reason of the
- provisions of this section if a mirror code tax system had been
- in effect in such possession. The preceding sentence shall not
- apply unless the respective possession has a plan which has
- been approved by the Secretary under which such possession will
- promptly distribute such payments to its residents.
- ``(3) Mirror code tax system; treatment of payments.--Rules
- similar to the rules of paragraphs (4) and (5) of section 21(h)
- shall apply for purposes of this section.
- ``(h) Termination.--No credit shall be allowed under this section
- with respect to any vehicle acquired after December 31, 2031.''.
- (b) Conforming Amendments.--
- (1) Section 6211(b)(4)(A), as amended by the preceding
- provisions of this Act, is amended by inserting ``36D,'' after
- ``36C,''.
- (2) Section 6213(g)(2), as amended by the preceding
- provisions of this Act, is amended--
- (A) in subparagraph (S), by striking ``and'' at the
- end,
- (B) in subparagraph (T), by striking the period at
- the end and inserting ``, and'', and
- (C) by adding at the end the following:
- ``(U) an omission of a correct vehicle
- identification number required under section 36D(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, as amended by the preceding provisions of this
- Act, is amended by inserting ``36D,'' after ``36C,''.
- (c) Clerical Amendment.--The table of sections for subpart C of
- part IV of subchapter A of chapter 1, as amended by the preceding
- provisions of this Act, is amended by inserting after the item relating
- to section 36C the following new item:
- ``Sec. 36D. Previously-owned qualified plug-in electric drive motor
- vehicles.''.
- (d) Effective Date.--The amendments made by this section shall
- apply to vehicles acquired after December 31, 2021.
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