[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2537 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2537

  To amend the Internal Revenue Code of 1986 to provide a credit for 
   previously-owned qualified plug-in electric drive motor vehicles.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2021

 Mrs. Feinstein (for herself and Mr. Padilla) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 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), (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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