123STA T . 32 8PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9sub s ection(a) s h a l lbe r e d uced b y the a m ount o f such credit so allo w ed .‘ ‘( 2 ) NOD O UBLE BE N E FIT . —T he amount of any deduction or other credit allowable under this cha p ter for a new q ualified plu g- in electric dri v e motor vehicle shall be reduced by the amount of credit allowed under subsection (a) for such vehicle. ‘‘( 3 ) PR O P ERT Y U S EDBYT AX -EXE M PT ENTITY.— I n the case of a vehicle the use of which is described in paragraph (3) or( 4 ) of section 50 (b) and which is not sub j ect to a lease , the person who sold such vehicle to the person or entity using such vehicle shall be treated as the ta x payer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such vehicle (determined without regard to subsection (c)). ‘‘(4) PROPERTY USED OUTSIDE UNITED STATES NOT Q UALI- FIED.—No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)( 1 ). ‘‘(5) R E C APTURE.—The S ecretary shall, by regulations, pro- vide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ‘‘( 6 ) E LECTION NOT TO TA K E CREDIT.—No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle. ‘‘( 7 ) INTERACTION W IT H AIR QUALITY AND MOTOR V EHICLE SAFETY STANDARDS.— A motor vehicle shall not be considered eligible for a credit under this section unless such vehicle is in compliance with— ‘‘(A) the applicable provisions of the C lean Air Act for the applicable ma k e and model year of the vehicle (or applicable air quality provisions of State law in the case of a State which has adopted such provision under a waiver under section 20 9 (b) of the Clean Air Act), and ‘‘( B ) the motor vehicle safety provisions of sections 30101 through 30169 of title 49, U nited States Code. ’ ’. (b) CONFORMIN G AMENDMENTS.— (1) Section 30B(d)(3)( D ) is amended by striking ‘‘subsection (d) thereof’’ and inserting ‘‘subsection (c) thereof’’. (2) Section 3 8 (b)(35) is amended by striking ‘‘30D(d)(1)’’ and inserting ‘‘30D(c)(1)’’. (3) Section 1016(a)(25) is amended by striking ‘‘section 30D(e)(4)’’ and inserting ‘‘section 30D(f)(1)’’. (4) Section 6501(m) is amended by striking ‘‘section 30D(e)(9)’’ and inserting ‘‘section 30D(e)(4)’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to vehicles acquired after December 31, 2009. SEC.1 1 42 .C R E DITFO R CERT A I NPLUG- IN ELECTRIC V E H ICLES. (a) IN G ENERAL.—Section 30 is amended to read as follows
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‘SEC. 30 . CERTAIN PLUG-IN ELECTRIC VEHICLES. ‘‘(a) ALLOWANCE OF CREDIT.—There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 10 percent of the cost of any qualified plug- in electric vehicle placed in service by the taxpayer during the taxable year. 26USC30Bnote. 26 USC 30B. R e gula t i on s .
