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Discussion Starter · #1 ·
Does somebody know how the Inflation Reduction Act will affect the Mini EV tax credit? Under the new law "only cars with batteries containing a certain percentage of materials sourced from North America or U.S. trading partners will qualify for the credits moving forward."

Rivian for example is “working to help interested preorder holders and customers obtain a written, binding contract to purchase and secure EV tax credit eligibility before new restrictions take effect. We’ll be sharing more information and next steps with customers directly.”
 

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Does somebody know how the Inflation Reduction Act will affect the Mini EV tax credit? Under the new law "only cars with batteries containing a certain percentage of materials sourced from North America or U.S. trading partners will qualify for the credits moving forward."

Rivian for example is “working to help interested preorder holders and customers obtain a written, binding contract to purchase and secure EV tax credit eligibility before new restrictions take effect. We’ll be sharing more information and next steps with customers directly.”
I'm not an attorney but based off the way I've read the bill, orders without purchase agreements won't qualify for the Transition Rule.
 

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Does somebody know how the Inflation Reduction Act will affect the Mini EV tax credit? Under the new law "only cars with batteries containing a certain percentage of materials sourced from North America or U.S. trading partners will qualify for the credits moving forward."

Rivian for example is “working to help interested preorder holders and customers obtain a written, binding contract to purchase and secure EV tax credit eligibility before new restrictions take effect. We’ll be sharing more information and next steps with customers directly.”
My dealer told me that my Mini EV would qualify since my purchase order was dated before the bill was passed. She is sending me paperwork to show if an audit of my ’22 taxes occurs. She said to go ahead and file for the federal incentive but to hold my purchase order in case I have to prove my purchase was made before the law went into effect.
 

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My dealer told me that my Mini EV would qualify since my purchase order was dated before the bill was passed. She is sending me paperwork to show if an audit of my ’22 taxes occurs. She said to go ahead and file for the federal incentive but to hold my purchase order in case I have to prove my purchase was made before the law went into effect.
Did your dealer let you sign a binding agreement? Mine is fighting me about it and just trying to say, "oh well."
 

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Did your dealer let you sign a binding agreement? Mine is fighting me about it and just trying to say, "oh well."
I think it’s just another copy of my purchase agreement. She said I would get it by email but I haven’t gotten it yet. She said that their lawyer recommended this for everyone who ordered an SE before the passing of Inflation Reduction Act.
 

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Discussion Starter · #7 ·
My dealer told me that my Mini EV would qualify since my purchase order was dated before the bill was passed. She is sending me paperwork to show if an audit of my ’22 taxes occurs. She said to go ahead and file for the federal incentive but to hold my purchase order in case I have to prove my purchase was made before the law went into effect.
It depends ... an order before August 16, 2022 only qualifies if there is a written binding contract. Our Boston dealer didn't offer such a contract and we'll probably not qualify for the $7,500 federal tax credit.

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.

Source: Plug-In Electric Vehicle Credit IRC 30 and IRC 30D | Internal Revenue Service
 

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It depends ... an order before August 16, 2022 only qualifies if there is a written binding contract. Our Boston dealer didn't offer such a contract and we'll probably not qualify for the $7,500 federal tax credit.

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.

Source: Plug-In Electric Vehicle Credit IRC 30 and IRC 30D | Internal Revenue Service
You're 100% correct. Since my dealer in San Diego refused to help me out and offer an agreement to qualify for the tax credit, I cancelled my order. I was so excited for a ~$30k car but now that it's ~$37, I'll spend a few thousand more and get a Model 3 with nearly 2.5 times the range and features, 4 months faster. If Rivian could offer its customers agreements, so could Mini dealers. Just one more example as to why I can't wait for franchised dealers to disappear and direct to consumer replace it.
 
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