The aggregate cost which may be taken into account under subsection (a)(1)(B) with respect to qualified clean-fuel vehicle refueling property placed in service during the taxable year at a location shall not exceed the excess (if any) of—
(ii)the aggregate amount taken into account under subsection (a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years.
(B) Related person
For purposes of this paragraph, a person shall be treated as related to another person if such person bears a relationship to such other person described in section
If the limitation under subparagraph (A) applies for any taxable year, the taxpayer shall, on the return of tax for such taxable year, specify the items of property (and the portion of costs of such property) which are to be taken into account under subsection (a)(1)(B).
(c) Qualified clean-fuel vehicle property defined
For purposes of this section—
(1) In general
The term “qualified clean-fuel vehicle property” means property which is acquired for use by the taxpayer and not for resale, the original use of which commences with the taxpayer, with respect to which the environmental standards of paragraph (2) are met, and which is described in either of the following subparagraphs:
(A) Retrofit parts and components
Any property installed on a motor vehicle which is propelled by a fuel which is not a clean-burning fuel for purposes of permitting such vehicle to be propelled by a clean-burning fuel—
(i)if the property is an engine (or modification thereof) which may use a clean-burning fuel, or
(ii)to the extent the property is used in the storage or delivery to the engine of such fuel, or the exhaust of gases from combustion of such fuel.
(B) Original equipment manufacturer’s vehicles
A motor vehicle produced by an original equipment manufacturer and designed so that the vehicle may be propelled by a clean-burning fuel, but only to the extent of the portion of the basis of such vehicle which is attributable to an engine which may use such fuel, to the storage or delivery to the engine of such fuel, or to the exhaust of gases from combustion of such fuel.
(2) Environmental standards
Property shall not be treated as qualified clean-fuel vehicle property unless—
(A)the motor vehicle of which it is a part meets any applicable Federal or State emissions standards with respect to each fuel by which such vehicle is designed to be propelled, or
(B)in the case of property described in paragraph (1)(A), such property meets applicable Federal and State emissions-related certification, testing, and warranty requirements.
(3) Exception for qualified electric vehicles
The term “qualified clean-fuel vehicle property” does not include any qualified electric vehicle (as defined in section
(d) Qualified clean-fuel vehicle refueling property defined
For purposes of this section, the term “qualified clean-fuel vehicle refueling property” means any property (not including a building and its structural components) if—
(1)such property is of a character subject to the allowance for depreciation,
(2)the original use of such property begins with the taxpayer, and
(3)such property is—
(A)for the storage or dispensing of a clean-burning fuel into the fuel tank of a motor vehicle propelled by such fuel, but only if the storage or dispensing of the fuel is at the point where such fuel is delivered into the fuel tank of the motor vehicle, or
(B)for the recharging of motor vehicles propelled by electricity, but only if the property is located at the point where the motor vehicles are recharged.
(e) Other definitions and special rules
For purposes of this section—
(1) Clean-burning fuel
The term “clean-burning fuel” means—
(B)liquefied natural gas,
(C)liquefied petroleum gas,
(F)any other fuel at least 85 percent of which is 1 or more of the following: methanol, ethanol, any other alcohol, or ether.
(2) Motor vehicle
The term “motor vehicle” means any vehicle which is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclusively on a rail or rails) and which has at least 4 wheels.
(3) Cost of retrofit parts includes cost of installation
The cost of any qualified clean-fuel vehicle property referred to in subsection (c)(1)(A) shall include the cost of the original installation of such property.
The Secretary shall, by regulations, provide for recapturing the benefit of any deduction allowable under subsection (a) with respect to any property which ceases to be property eligible for such deduction.
(5) Property used outside United States, etc., not qualified
No deduction shall be allowed under subsection (a) with respect to any property referred to in section
50(b) or with respect to the portion of the cost of any property taken into account under section
(6) Basis reduction
(A) In general
For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a).
(B) Ordinary income recapture
For purposes of section
1245, the amount of the deduction allowable under subsection (a) with respect to any property which is of a character subject to the allowance for depreciation shall be treated as a deduction allowed for depreciation under section
This section shall not apply to any property placed in service after December 31, 2005.
2005—Subsec. (f). Pub. L. 109–58substituted “December 31, 2005” for “December 31, 2006”.
2004—Subsec. (b)(1)(B). Pub. L. 108–311reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “In the case of any qualified clean-fuel vehicle property placed in service after December 31, 2003, the limit otherwise applicable under subparagraph (A) shall be reduced by—
“(i) 25 percent in the case of property placed in service in calendar year 2004,
“(ii) 50 percent in the case of property placed in service in calendar year 2005, and
“(iii) 75 percent in the case of property placed in service in calendar year 2006.”
2002—Subsec. (b)(1)(B). Pub. L. 107–147, § 606(a)(1)(A), substituted “December 31, 2003,” for “December 31, 2001,” in introductory provisions.
Subsec. (b)(1)(B)(i). Pub. L. 107–147, § 606(a)(1)(B), substituted “2004” for “2002”
Subsec. (b)(1)(B)(ii). Pub. L. 107–147, § 606(a)(1)(B), substituted “2005” for “2003”.
Subsec. (b)(1)(B)(iii). Pub. L. 107–147, § 606(a)(1)(B), substituted “2006” for “2004”.
Subsec. (f). Pub. L. 107–147, § 606(a)(2), substituted “December 31, 2006” for “December 31, 2004”.
Pub. L. 108–311, title III, § 319(b),Oct. 4, 2004, 118 Stat. 1182, provided that: “The amendment made by subsection (a) [amending this section] shall apply to property placed in service after December 31, 2003.”
Effective Date of 2002 Amendment
Pub. L. 107–147, title VI, § 606(b),Mar. 9, 2002, 116 Stat. 60, provided that: “The amendments made by subsection (a) [amending this section] shall apply to property placed in service after December 31, 2001.”
Section applicable to property placed in service after June 30, 1993, see section 1913(c) ofPub. L. 102–486, set out as a note under section
30 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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