PUBLIC LAW 109–58—AUG. 8, 2005
119 STAT. 1045
can be driven, the total traction power is the peak power of such storage system. ‘‘(e) NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLE CREDIT.— ‘‘(1) ALLOWANCE OF CREDIT.—Except as provided in paragraph (5), the new qualified alternative fuel motor vehicle credit determined under this subsection is an amount equal to the applicable percentage of the incremental cost of any new qualified alternative fuel motor vehicle placed in service by the taxpayer during the taxable year. ‘‘(2) APPLICABLE PERCENTAGE.—For purposes of paragraph (1), the applicable percentage with respect to any new qualified alternative fuel motor vehicle is— ‘‘(A) 50 percent, plus ‘‘(B) 30 percent, if such vehicle— ‘‘(i) has received a certificate of conformity under the Clean Air Act and meets or exceeds the most stringent standard available for certification under the Clean Air Act for that make and model year vehicle (other than a zero emission standard), or ‘‘(ii) has received an order certifying the vehicle as meeting the same requirements as vehicles which may be sold or leased in California and meets or exceeds the most stringent standard available for certification under the State laws of California (enacted in accordance with a waiver granted under section 209(b) of the Clean Air Act) for that make and model year vehicle (other than a zero emission standard). For purposes of the preceding sentence, in the case of any new qualified alternative fuel motor vehicle which weighs more than 14,000 pounds gross vehicle weight rating, the most stringent standard available shall be such standard available for certification on the date of the enactment of the Energy Tax Incentives Act of 2005. ‘‘(3) INCREMENTAL COST.—For purposes of this subsection, the incremental cost of any new qualified alternative fuel motor vehicle is equal to the amount of the excess of the manufacturer’s suggested retail price for such vehicle over such price for a gasoline or diesel fuel motor vehicle of the same model, to the extent such amount does not exceed— ‘‘(A) $5,000, if such vehicle has a gross vehicle weight rating of not more than 8,500 pounds, ‘‘(B) $10,000, if such vehicle has a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, ‘‘(C) $25,000, if such vehicle has a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and ‘‘(D) $40,000, if such vehicle has a gross vehicle weight rating of more than 26,000 pounds. ‘‘(4) NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHICLE.— For purposes of this subsection— ‘‘(A) IN GENERAL.—The term ‘new qualified alternative fuel motor vehicle’ means any motor vehicle— ‘‘(i) which is only capable of operating on an alternative fuel,
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