Federal · Title 26 — Internal Revenue Code

26 U.S.C. § 30C: Alternative fuel vehicle refueling property credit

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There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent (6 percent in the case of property of a character subject to depreciation) of the cost of any qualified alternative fuel vehicle refueling property placed in service by the taxpayer during the taxable year. $100,000 in the case of any such item of property of a character subject to an allowance for depreciation, and $1,000 in any other case. paragraph (1) of section 179A(d) did not apply to property installed on property which is used as the principal residence (within the meaning of section 121) of the taxpayer, and Any fuel at least 85 percent of the volume of which consists of one or more of the following: ethanol, natural gas, compressed natural gas, liquified natural gas, liquefied petroleum gas, or hydrogen. which consists of two or more of the following: biodiesel (as defined in section 40A(d)(1)), diesel fuel (as defined in section 4083(a)(3)), or kerosene, and at least 20 percent of the volume of which consists of biodiesel (as so defined) determined without regard to any kerosene in such mixture. Electricity. Any transportation fuel (as defined in section 45Z(d)(5)). is capable of charging the battery of a motor vehicle propelled by electricity, and allows discharging electricity from such battery to an electric load external to such motor vehicle. Property shall not be treated as qualified alternative fuel vehicle refueling property unless such property is placed in service in an eligible census tract. is described in section 45D(e), or is not an urban area. For purposes of clause (i)(II), the term “urban area” means a census tract (as defined by the Bureau of the Census) which, according to the most recent decennial census, has been designated as an urban area by the Secretary of Commerce. So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) that is attributable to property of a character subject to an allowance for depreciation shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (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, over the tentative minimum tax for the taxable year. For purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed (determined without regard to subsection (d)). In the case of any qualified alternative fuel vehicle refueling property the use of which is described in paragraph (3) or (4) of section 50(b) and which is not subject to a lease, the person who sold such property to the person or entity using such property shall be treated as the taxpayer that placed such property 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 property (determined without regard to subsection (d)). For purposes of subsection (d), property to which this paragraph applies shall be treated as of a character subject to an allowance for depreciation. No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1) or with respect to the portion of the cost of any property taken into account under section 179. No credit shall be allowed under subsection (a) for any property if the taxpayer elects not to have this section apply to such property. Rules similar to the rules of section 179A(e)(4) shall apply. For purposes of this section, any reference to section 179A shall be treated as a reference to such section as in effect immediately before its repeal. meets the requirements of subsection (a)(2), 1 and 1 So in original. There is no subsec. (a)(2) in this section. is of a character subject to depreciation. is manufactured primarily for use on public streets, roads, or highways (not including a vehicle operated exclusively on a rail or rails), has 2 or 3 wheels, and is propelled by electricity. In the case of any qualified alternative fuel vehicle refueling project which satisfies the requirements of subparagraph (C), the amount of the credit determined under subsection (a) for any qualified alternative fuel vehicle refueling property of a character subject to an allowance for depreciation which is part of such project shall be equal to such amount (determined without regard to this sentence) multiplied by 5. For purposes of this subsection, the term “qualified alternative fuel vehicle refueling project” means a project consisting of one or more properties that are part of a single project. A project the construction of which begins prior to the date that is 60 days after the Secretary publishes guidance with respect to the requirements of paragraphs (2)(A) and (3). A project which satisfies the requirements of paragraphs (2)(A) and (3). The requirements described in this subparagraph with respect to any qualified alternative fuel vehicle refueling project are that the taxpayer shall ensure that any laborers and mechanics employed by the taxpayer or any contractor or subcontractor in the construction of any qualified alternative fuel vehicle refueling property which is part of such project shall be paid wages at rates not less than the prevailing rates for construction, alteration, or repair of a similar character in the locality in which such project is located as most recently determined by the Secretary of Labor, in accordance with subchapter IV of chapter 31 of title 40, United States Code. Rules similar to the rules of section 45(b)(7)(B) shall apply. Rules similar to the rules of section 45(b)(8) shall apply. The Secretary shall issue such regulations or other guidance as the Secretary determines necessary to carry out the purposes of this subsection, including regulations or other guidance which provides for requirements for recordkeeping or information reporting for purposes of administering the requirements of this subsection. The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. This section shall not apply to any property placed in service after June 30, 2026 . Except as provided in paragraph (2), the amendments made by this section [amending this section] shall apply to property placed in service after December 31, 2022 . The amendments made by subsection (a) [amending this section] shall apply to property placed in service after December 31, 2021 .” Except as otherwise provided in this subsection, the amendments made by this section [amending this section and sections 41, 45J, 4041, 4042, 4082, and 6430 of this title, and enacting provisions set out as a note under section 6430 of this title ] shall take effect as if included in the provisions of the Energy Policy Act of 2005 [ Pub. L. 109–58 ] to which they relate. The amendment made by subsection (d)(3) [amending section 4041 of this title ] shall apply to fuel sold for use or used after the date of the enactment of this Act [ Dec. 29, 2007 ]. The amendment made by subsection (d)(2)(C)(ii) [amending section 4082 of this title ] shall take effect as if included in section 11161 of the SAFETEA–LU [ Pub. L. 109–59 ].”

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