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(For tax credit - can you make a 5% deposit in 2022 and have a written binding contract with Ford before taking ownership?

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matt.sillz

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Anyone know if Ford will take a larger deposit - 5% or more before delivery of the Truck? My build date is Nov 28th 2022 so I doubt I'll be able to buy the truck in 2022. BUT based off the below from the IRS it seems like I could put down a larger deposit to qualify.

Anyone else doing something like this?


https://www.irs.gov/businesses/plug-in-electric-vehicle-credit-irc-30-and-irc-30d

Vehicles Purchased and Delivered between August 16, 2022 and December 31, 2022
If you purchase and take possession of a qualifying electric vehicle after August 16, 2022 and before January 1, 2023, aside from the final assembly requirement, the rules in effect before the enactment of the Inflation Reduction Act for the EV credit apply (including those involving the manufacturing caps on vehicles sold). If you entered into a written binding contract to purchase a new qualifying vehicle before August 16, 2022, see the rule above.

What Is a Written Binding Contract?
In general, a written contract is binding if it is enforceable under State law and does not limit damages to a specified amount (for example, by use of a liquidated damages provision or the forfeiture of a deposit). While the enforceability of a contract under State law is a facts-and-circumstances determination to be made under relevant State law, if a customer has made a significant non-refundable deposit or down payment, it is an indication of a binding contract. For tax purposes in general, a contract provision that limits damages to an amount equal to at least 5 percent of the total contract price is not treated as limiting damages to a specified amount. For example, if a customer has made a non-refundable deposit or down payment of 5 percent of the total contract price, it is an indication of a binding contract. A contract is binding even if subject to a condition, as long as the condition is not within the control of either party. A contract will continue to be binding if the parties make insubstantial changes in its terms and conditions.
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plucas005

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Idk about OP’s reasoning, but I am the same build week with a Pro which qualifies for the tax credit either year.
BUT I would like to get on with my 2022 return if possible instead of waiting to file my 2023 return. Time value of money and all that.
 

Ostrichsak

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You need to take delivery before 1/1/23.
 
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matt.sillz

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This needed to be done before the law was signed. At this point you cannot do anything to get the previous $7500.

Thanks, but why do you say that it needed to be done before the law was signed? Do you have any links you can send?
Thank you.
 

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vandy1981

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wighty

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Idk about OP’s reasoning, but I am the same build week with a Pro which qualifies for the tax credit either year.
No, it doesn't. It only qualifies for the new tax credit, and as such you are not going to see the battery credit (AFAIK no vehicle qualifies for that yet because the batteries tend to be foreign made). You could only claim the old rules if you purchased before 8/16 or had a purchase agreement signed before 8/16.

Thanks, but why do you say that it needed to be done before the law was signed? Do you have any links you can send?
Thank you.
Because the language in the law said it went into effect immediately. The only grandfathering in required the purchase agreement to be signed before the law went into effect on 8/16.

https://home.treasury.gov/system/files/136/EV-Tax-Credit-FAQs.pdf

Q: If I signed a contract to purchase an electric vehicle prior to enactment of the Inflation
Reduction Act (before August 16, 2022) but have not yet taken possession of the vehicle, will the
changes in the Inflation Reduction Act impact my tax credit?
No. If you entered into a written binding contract to purchase a qualifying electric vehicle before the date
of enactment of the Inflation Reduction Act (August 16, 2022), the changes in the Inflation Reduction Act
will not impact your tax credit. You may claim the credit based on the rules that were in effect before
August 16, 2022. The Internal Revenue Service provides information on “written binding contract” here:
https://www.irs.gov/businesses/plug-in-electric-vehicle-credit-irc-30-and-irc-30d.
I will admit here that I still haven't seen any recent documentation *definitively* saying the battery requirement went into effect 8/16, but that was the conclusion from the discussions I read back in August. That FAQ linked says below my quoted section that only the NA final assembly rule was in effect... so then maybe you do have a shot if you get it before 1/1/23?
 

hturnerfamily

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"If you purchase and take possession of a qualifying electric vehicle..."

if your dealer is obliging, and your delivery may happen within only days after Jan 1,
they can certainly go ahead and take care of the paperwork, and show purchase
date prior or on Dec 31st... my dealer did my paperwork, took my payment, and
provided me a temporary tag on Aug 13th. The vehicle arrived Aug 23rd. As far as
the dealer was concerned, I bought the vehicle on Aug 13th.
whether anyone really knows 'when' you first touched the truck is probably moot.
 
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matt.sillz

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In that document it says this:

What if I purchase and take possession of a qualifying electric vehicle after August 16, 2022 but before the end of 2022?

The only change to the existing electric vehicle credit that takes effect after August 16, 2022 and before the end of 2022 is the introduction of the North America final assembly requirement. Otherwise, the rules in effect before enactment of the Inflation Reduction Act for the electric vehicle credit remain in effect, including the phase-out for manufacturers that have sold over 200,000 vehicles in the United States.
 

bmwhitetx

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In that document it says this:

What if I purchase and take possession of a qualifying electric vehicle after August 16, 2022 but before the end of 2022?
I think you are continuing to confuse the rules for '22 delivery and '23 delivery. For '23 delivery, you can get the '22 rules if you entered into a binding contract prior to the law being signed Aug 16th. For '22 delivery, the '22 law applys (i.e., all Lightnings get full credit) since their final assembly is North America. We don't know what the '23 rules are yet (IRS is still writing them and are requesting comments) but my bet is half or no credit.
 

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RickLightning

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"If you purchase and take possession of a qualifying electric vehicle..."

if your dealer is obliging, and your delivery may happen within only days after Jan 1,
they can certainly go ahead and take care of the paperwork, and show purchase
date prior or on Dec 31st... my dealer did my paperwork, took my payment, and
provided me a temporary tag on Aug 13th. The vehicle arrived Aug 23rd. As far as
the dealer was concerned, I bought the vehicle on Aug 13th.
whether anyone really knows 'when' you first touched the truck is probably moot.
But it is tax fraud.
 
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matt.sillz

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I think you are continuing to confuse the rules for '22 delivery and '23 delivery. For '23 delivery, you can get the '22 rules if you entered into a binding contract prior to the law being signed Aug 16th. For '22 delivery, the '22 law applys (i.e., all Lightnings get full credit) since their final assembly is North America. We don't know what the '23 rules are yet (IRS is still writing them and are requesting comments) but my bet is half or no credit.
Thanks
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