References in Text
The Clean Air Act, referred to in text, is act July 14, 1955, ch. 360, 69 Stat. 322, which is classified generally to chapter 85 (§ 7401 et seq.) of Title 42, The Public Health and Welfare. Title II of the Act, known as the National Emissions Standards Act, is classified generally to subchapter II (§ 7521 et seq.) of chapter 85 of Title 42.
section 202(i), 209(b), and 243(e)(2) of the Act are classified to
section 7521(i), 7543(b), and 7583(e)(2), respectively, of Title 42. For complete classification of this Act to the Code, see
Short Title
note set out under
section 7401 of Title 42 and Tables. The date of the enactment of this section, referred to in subsecs. (b)(3)(B) and (h)(2), is the date of enactment of Pub. L. 109–58, which was approved Aug. 8, 2005. The date of the enactment of the Energy Tax Incentives Act of 2005, referred to in subsec. (e)(2), is the date of enactment of title XIII of Pub. L. 109–58, which was approved Aug. 8, 2005.
Amendments
2022—Subsec. (h)(8). Pub. L. 117–169, § 13401(i)(2)(A), struck out “, except that no benefit shall be recaptured if such property ceases to be eligible for such credit by reason of conversion to a qualified plug-in electric drive motor vehicle” before period at end. Subsec. (i). Pub. L. 117–169, § 13401(i)(2)(B), struck out subsec. (i) which related to plug-in conversion credit. 2020—Subsec. (k)(1). Pub. L. 116–260 substituted “
December 31, 2021” for “
December 31, 2020”. 2019—Subsec. (k)(1). Pub. L. 116–94 substituted “
December 31, 2020” for “
December 31, 2017”. 2018—Subsec. (k)(1). Pub. L. 115–123 substituted “
December 31, 2017” for “
December 31, 2016”. 2015—Subsec. (k)(1). Pub. L. 114–113 substituted “
December 31, 2016” for “
December 31, 2014”. 2014—Subsec. (h)(5)(B). Pub. L. 113–295, § 218(a), inserted “(determined without regard to subsection (g))” before period at end. Subsec. (h)(8). Pub. L. 113–295, § 220(a), substituted “vehicle), except that” for “vehicle)., except that”. 2013—Subsec. (g)(2). Pub. L. 112–240 amended par. (2) generally. Prior to amendment, par. (2) related to personal credit with a limitation based on amount of tax. 2010—Subsec. (g)(2)(B)(ii). Pub. L. 111–148, § 10909(b)(2)(G), (c), as amended by Pub. L. 111–312, temporarily struck out “23,” before “25D,”. See Effective and Termination Dates of 2010 Amendment note below. 2009—Subsec. (a)(5). Pub. L. 111–5, § 1143(b), added par. (5). Subsec. (d)(3)(D). Pub. L. 111–5, § 1141(b)(1), substituted “subsection (c) thereof” for “subsection (d) thereof”. Subsec. (g)(2). Pub. L. 111–5, § 1144(a), amended par. (2) generally. Prior to amendment, text read as follows: “The credit allowed under subsection (a) (after the application of paragraph (1)) for any taxable year shall not exceed the excess (if any) of— “(A) the regular tax liability (as defined in
section 26(b)) reduced by the sum of the credits allowable under subpart A and
section 27 and
30, over “(B) the tentative minimum tax for the taxable year.” Subsec. (h)(1). Pub. L. 111–5, § 1142(b)(2), amended par. (1) generally. Prior to amendment, text read as follows: “The term ‘motor vehicle’ has the meaning given such term by
section 30(c)(2).” Subsec. (h)(8). Pub. L. 111–5, § 1143(c), inserted at end “, except that no benefit shall be recaptured if such property ceases to be eligible for such credit by reason of conversion to a qualified plug-in electric drive motor vehicle.” Subsecs. (i) to (k). Pub. L. 111–5, § 1143(a), added subsec. (i) and redesignated former subsecs. (i) and (j) as (j) and (k), respectively. 2008—Subsec. (d)(3)(D). Pub. L. 110–343 added subpar. (D). 2005—Subsec. (g)(2)(A). Pub. L. 109–135, § 412(d), substituted “regular tax liability (as defined in
section 26(b))” for “regular tax”. Subsec. (h)(6). Pub. L. 109–135, § 402(j), inserted at end “For purposes of subsection (g), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation.”
Statutory Notes and Related Subsidiaries
Effective Date
of 2022 AmendmentAmendment by Pub. L. 117–169 applicable to vehicles placed in service after Dec. 31, 2022, see
section 13401(k)(1) of Pub. L. 117–169, set out in an
Effective Date
of 2022 Amendment; Transition Rule note under
section 30D of this title.
Effective Date
of 2020 Amendment Pub. L. 116–260, div. EE, title I, § 142(b), Dec. 27, 2020, 134 Stat. 3054, provided that: “The amendment made by this section [amending this section] shall apply to property purchased after December 31, 2020.”
Effective Date
of 2019 Amendment Pub. L. 116–94, div. Q, title I, § 124(b), Dec. 20, 2019, 133 Stat. 3231, provided that: “The amendment made by this section [amending this section] shall apply to property purchased after December 31, 2017.”
Effective Date
of 2018 Amendment Pub. L. 115–123, div. D, title I, § 40403(b), Feb. 9, 2018, 132 Stat. 148, provided that: “The amendment made by this section [amending this section] shall apply to property purchased after December 31, 2016.”
Effective Date
of 2015 Amendment Pub. L. 114–113, div. Q, title I, § 193(b), Dec. 18, 2015, 129 Stat. 3076, provided that: “The amendment made by this section [amending this section] shall apply to property purchased after December 31, 2014.”
Effective Date
of 2014 Amendment Pub. L. 113–295, div. A, title II, § 218(c), Dec. 19, 2014, 128 Stat. 4035, provided that: “The
Amendments
made by this section [amending this section and
section 30C of this title] shall take effect as if included in the provision of the Energy Tax Incentives Act of 2005 [Pub. L. 109–58, title XIII] to which it relates.”
Effective Date
of 2013 AmendmentAmendment by Pub. L. 112–240 applicable to taxable years beginning after Dec. 31, 2011, see
section 104(d) of Pub. L. 112–240, set out as a note under
section 23 of this title. Effective and Termination Dates of 2010 AmendmentAmendment by Pub. L. 111–148 terminated applicable to taxable years beginning after Dec. 31, 2011, and section is amended to read as if such amendment had never been enacted, see
section 10909(c) of Pub. L. 111–148, set out as a note under
section 1 of this title. Amendment by Pub. L. 111–148 applicable to taxable years beginning after Dec. 31, 2009, see
section 10909(d) of Pub. L. 111–148, set out as a note under
section 1 of this title.
Effective Date
of 2009 Amendment Pub. L. 111–5, div. B, title I, § 1141(c), Feb. 17, 2009, 123 Stat. 328, provided that: “The
Amendments
made by this section [amending this section and
section 30D, 38, 1016, and 6501 of this title] shall apply to vehicles acquired after December 31, 2009.” Amendment by
section 1142(b)(2) of Pub. L. 111–5 applicable to vehicles acquired after Feb. 17, 2009, see
section 1142(c) of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under
section 24 of this title. Pub. L. 111–5, div. B, title I, § 1143(d), Feb. 17, 2009, 123 Stat. 332, provided that: “The
Amendments
made by this section [amending this section] shall apply to property placed in service after the date of the enactment of this Act [Feb. 17, 2009].” Amendment by
section 1144(a) of Pub. L. 111–5 applicable to taxable years beginning after Dec. 31, 2008, see
section 1144(c) of Pub. L. 111–5, set out as an Effective and Termination Dates of 2009 Amendment note under
section 24 of this title.
Effective Date
of 2008 AmendmentAmendment by Pub. L. 110–343 applicable to taxable years beginning after Dec. 31, 2008, see
section 205(e) of Pub. L. 110–343, set out as an Effective and Termination Dates of 2008 Amendment note under
section 24 of this title.
Effective Date
of 2005 AmendmentAmendment by
section 402(j) of Pub. L. 109–135 effective as if included in the provision of the Energy Policy Act of 2005, Pub. L. 109–58, to which such amendment relates, see
section 402(m)(1) of Pub. L. 109–135, set out as an Effective and Termination Dates of 2005
Amendments
note under
section 23 of this title.
Effective Date
Pub. L. 109–58, title XIII, § 1341(c), Aug. 8, 2005, 119 Stat. 1049, provided that: “The
Amendments
made by this section [enacting this section and amending
section 38, 55, 1016, and 6501 of this title] shall apply to property placed in service after December 31, 2005, in taxable years ending after such date.”