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Five Important Tax Items to Consider for the End of 2022

The past year has brought a number of changes that impact Pennsylvania tax payers, from individual fixed asset expensing to required digital payments. The team at RBF has gone beyond the numbers to create this resource to help you learn about these issues.

To find out more about these five important tax items to consider for the end of the year, click here to see the infographic and read the full articles.

Deferring A Tax Hit with A Sec. 1031 Exchange

Do you own commercial or investment real estate that has substantially increased in value? If you sell the property, you may be hit with a huge capital gain tax liability. Possible solution: Consider a Section 1031 exchange (also known as a like-kind exchange) in which you swap qualifying properties while paying zero or little current tax.

Recent legislation has narrowed the availability of Sec. 1031 exchanges, but you can still use this technique for qualified real estate transactions. However, keep in mind that a repeal or modification of the rules has been discussed. So, if you’re interested in an exchange, you may want to act soon.

What’s the deal?

Under Sec. 1031 of the Internal Revenue Code, you can defer tax on the exchange of like-kind real estate properties if specific requirements are met. Previously, this tax break was available for various types of property, such as trade-ins of business vehicles. But as of 2018, the Tax Cuts and Jobs Act strictly limits the Sec. 1031 rules to real estate transactions.

Note that the properties — both the one you relinquish and the one you receive — must be business or investment properties. You can’t avoid current tax if you swap personal residences, but you may be able to exchange a vacation home that is treated as a rental property. (There may be other complications, so consult with your tax advisor.)

Normally, a sale of appreciated real estate would result in capital gains tax. For individual property owners, the maximum tax rate is 20% if the property has been owned for longer than one year. Otherwise, the gain for individuals is taxed at ordinary income tax rates currently topping out at 37%.

If you meet the requirements under Sec. 1031, there’s no current tax due on the exchange — except to the extent that you receive “boot” as part of the deal. Boot includes cash needed to “even things out” or other concessions of value (such as a reduction of mortgage debt). In some cases, cash may be combined with a valued benefit.

If you receive boot, you owe current tax on the amount equal to the lesser of:

  • The realized gain, i.e., the difference between the adjusted basis of the property being given up and the fair market value of what’s received in exchange (including any boot), or
  • The fair market value of the boot.

On the other hand, if you’re the one paying boot, you won’t realize any taxable gain.

What are the requirements?

For these purposes, “like-kind” refers to the property’s nature or character. The prevailing tax regulations provide a liberal interpretation of what constitutes like-kind properties. For instance, you can exchange improved real estate for raw land, a strip mall for an apartment building or a marina for a golf course. It doesn’t have to be the exact same type of property (for example, a warehouse for a warehouse).

Timing is everything. The following two deadlines must be met for a like-kind exchange to qualify for tax-free treatment:

  1. You must identify (or actually receive) the replacement property no later than 45 days after transferring legal ownership of the relinquished property, and
  2. The title for the replacement property must be transferred to you within the earlier of 180 days or your tax return due date, plus extensions, for the tax year of the transfer.

The 180-day period begins to run on the date of the transfer of legal ownership of the relinquished property. If that period straddles two tax years, it might be shortened by the tax return due date. So, if you give up title to the property in November or December this year, the due date for 2022 returns (April 18, 2023) would arrive before 180 days are up. Keep this in mind as the end of the year approaches.

Also, in the real world, it’s unlikely that you’ll own property that another person wants to acquire while he or she also owns property that you desire. These one-for-one exchanges are rare. The vast majority of Sec. 1031 real estate exchanges involve multiple parties. (See the sidebar, “Multiple-party exchanges.”)

Who can help?

Unless you’re an expert in the field, a Sec. 1031 exchange is not a do-it-yourself proposition. Enlist the services of professionals, including your CPA, who can provide the assistance you need.

Sidebar: Multiple-party exchanges

Depending on your situation, you might use a “qualified intermediary” to cement a Section 1031 exchange. Essentially, the qualified intermediary is a third party that helps facilitate the deal. The parties create an agreement whereby the qualified intermediary:

  • Acquires the relinquished property from the taxpayer,
  • Transfers the relinquished property to the buyer,
  • Acquires the replacement property from the seller, and
  • Transfers the replacement property to the taxpayer.

Note that the agreement must limit the taxpayer’s rights to receive, pledge, borrow or otherwise obtain benefits of cash or other property held by the intermediary. In addition, specific IRS reporting requirements must be met. Typically, the intermediary charges a fee based on the value of the properties.

©2022

What Are NFTs and How Can Businesses Benefit?

Non-fungible tokens (NFTs) are rising in demand, and some brands are already generating great results in their campaigns and providing a unique experience to customers. As the hype around NFTs continues, businesses need to understand how they can benefit.

What is an NFT

An NFT is a valuable digital asset created using blockchain. Unlike cryptocurrencies, NFTs are not mutually interchangeable as each NFT represents a different asset with a different value. Hence, an NFT verifies the authenticity of a non-fungible asset. This means that the purchaser of the asset/product can only use a product. Unlike other digital products, an NFT can’t be duplicated and sold. This is because the non-fungible asset is made into a token with a digital certificate of ownership, creating authenticity and credibility. NFTs could include videos, music, physical products, services, documents, artwork, and even memes.

A non-fungible asset’s value depends on various factors, such as underlying value, ownership history, perception of the buyer, future value, etc.

How NFTs Have Been Used

So far, some industries are already reaping benefits from NFTs. Various cases of NFTs can be found in gaming, music, fashion, sports, and virtual real estate.

The growth of NFTs has been attributed to the fact that humans like to collect things, and since NFTs are designed to be scarce digital assets, this contributes to the high prices. According to research conducted in March 2021 by Morning Consult, a global decision intelligence company, about half of the people who identified themselves as avid physical collectors were interested in NFTs. In addition, users have more control over the asset bought because it cannot be used in any other way or duplicated, making it more valuable.

It might not be obvious to most when NFTs are worth an investment. However, looking at NFTs that have already been sold can present an opportunity that businesses should not ignore. For instance, the first tweet by Twitter CEO Jack Dorsey was sold for over $2.9 million in March 2022. The Nike brand also has been making headlines with its virtual sneakers, with one selling at $134,000.

With such news making the headlines, businesses may wonder how they can benefit from NFTs.

How Can a Business Benefit from NFTs?

Businesses still hesitant about adopting new technologies should start considering creating NFTs that align with their brand image. Below are some ways in which a business can benefit:

1. Brand Visibility

Aside from digital marketing, NFTs provide another way businesses and corporations can drive attention to their brand. For instance, by creating a digital version of your products, you expose it to NFT enthusiasts, some of who might not be aware of your products. NFTs also can be incorporated as part of your brand storytelling, creating unique experiences for your customers, consequently increasing consumer engagements.

2. Authenticity

Many businesses undergo massive losses of revenue due to counterfeit products. With NFTs, businesses can ascertain the authenticity of their products and services. A digital certificate is issued with every transaction and a record is kept on the blockchain. A customer can check the authenticity since the blockchain can be traced to the original seller.

3. Additional Revenue Stream

Businesses can use NFTs as an additional source of income by selling digital forms of their products or services. One way to do this is by creating an early access opportunity before the official product launches, creating a buzz and ensuring the NFT value will rise.

4. Customer Loyalty Program

The versatile nature of NFTs makes them ideal for use in loyalty programs. The tokens can be used as medals for loyal clients or as membership tokens.

5. Prevent Ticket Scams

Many people fall victim to online ticket scams where they buy fake discounted tickets or duplicate tickets of an original event ticket. The money collected doesn’t go to the business, which also affects the event organizers. Customers also risk their credit card information being stolen by scammers. However, turning a ticket into an NFT makes it easy to verify its authenticity and even prevents ticket black markets.

6. Managing Supply Chain

NFTs are positively disrupting the supply chain. With the use of blockchain technology, it’s now easy to trace the entire process of a product lifecycle, from raw material, transportation, manufacturing, and distribution up to the end consumer. Hence, businesses interested in improving transparency and accountability can embrace NFTs to automate their supply chain.

Conclusion

NFT technology is relatively new, and its practical use is still limited. However, the fact that people are willing to spend on them is reason enough why any business should consider leveraging NFTs in its marketing strategies to help boost brand engagement and drive sales.

How Will the Federal Reserve’s Quantitative Tightening Impact Markets?

Starting June 1, the Fed began reducing its balance sheet holdings of U.S. Treasuries by $30 billion a month for three months. Thereafter, it will double its reduction of U.S. Treasuries by $60 billion per month beginning in the fourth month. For its mortgage-backed securities, the first three months will see $17.5 billion roll off its balance sheet. Starting in the fourth month of the program, this cap will increase to $35 billion per month. As its dual mandate is to both maintain employment and a stable rate of inflation, this is another way the Fed is implementing its monetary policy to put the brakes on inflation and reign in out-of-control demand with limited supply. How will the Fed’s unwinding of its balance sheet impact markets for the rest of 2022?

As compared to quantitative easing (QE), where the Fed bought U.S. Treasuries and mortgage-backed securities to foster more demand for U.S. Treasuries and lower bond yields, quantitative tightening (QT) is the opposite. According to the Federal Reserve Bank of St. Louis, QT is the reverse type of policy that aims to unwind holdings on the Fed’s balance sheet. To tame inflation, QT removes liquidity from economic institutions and raises rates for long-dated assets.

In response to the COVID-19 pandemic, the Fed bought U.S. Treasury securities and agency mortgage-back securities (MBS) again in March 2020 to provide stability by maintaining a source of easily accessible credit for consumers and business owners. The Fed bought $80 billion of Treasury securities and $40 billion of MBS per month. The Fed’s balance sheet grew from $3.9 trillion (March 2020) to $8.5 trillion (May 2022). Looking at it from a percentage of GDP, it increased from 18 percent to 35 percent. When QT is in full force, it is expected to lower the Fed’s balance sheet by at least $1.1 trillion annualized. Over a three-year timeframe, it is expected to remove about $3 trillion over 36 months.

When it comes to the process of QT, it is important to understand how it works and impacts the overall market dynamics. When U.S. Treasuries and mortgage-backed securities mature, the respective issuing agency pays them off and the Fed receives payment. Unlike QE where the proceeds were reinvested, the proceeds will not be reinvested during QT and the Fed’s balance sheet will fall in size.

When it comes to global central banks implementing their own versions of QT, it is estimated that as much as $2 trillion will be removed from markets over the next 12 months. Looking at the Fed alone, it is aiming to reduce $1 trillion or 11 percent of its holdings from the balance sheet over the next year. If QT continues through 2024, its holdings will drop from 37 percent of GDP to 20 percent. With the Fed’s balance sheet containing almost $9 trillion and inflation being 8.5 percent of the current CPI reading, this pace is higher because the last time it conducted QT, the Fed’s balance sheet held $4.5 trillion in assets with a CPI of 2.75 percent.

Looking at potential scenarios of QT outcomes, the Fed has published three respective impacts on the Fed’s policy rate. The Baseline scenario, or following what began on June 1, would lead to what’s effectively a policy rate increase of 56 basis points. This is compared to a “no-runoff scenario,” leaving the Fed’s balance sheet with another $2.1 trillion in Q3 of 2024, whereby there is no QT in place. Looking at the full-runoff scenario, it would let $0.8 trillion roll off the Fed’s balance sheet by Q3 of 2024, necessitating a nine-basis point drop in the policy rate to offset the balance sheet’s negative impact on the macroeconomy.

When the pandemic struck in March 2020, the Fed Funds rate was cut to between 0 percent and 0.25 percent. On Jan 26, 2022, the FOMC maintained its target range for the federal funds rate at 0 percent to 0.25 percent. Fast forward to June 15, 2022: The FOMC raised its target range for the federal funds rate to between 1.5 percent and 1.75 percent. Depending on the evolving economic data surrounding inflation, the Fed appears willing to further adjust its target range. It is important to explore how the federal funds rate has led the market to interpret asset purchasing or unwinding actions by the Fed.

During 2017 and 2018, the FOMC increased the federal funds rate by 175 basis points, bringing it to approximately 2.25 percent. St. Louis Fed President Jim Bullard argued that once the federal funds rate is north of zero, be it QE or QT, how the balance sheet grows or shrinks has little say on how the Fed will steer its monetary policy.

While the economy is in uncharted territory due to its emergence from the COVID-19 pandemic and evolving monetary policy, only time will tell how much of an effect QT will have on the U.S. and global markets.

Hiring? You may be eligible for a valuable tax credit, the WOTC

If you need to hire, be aware of a valuable tax credit for employers hiring individuals from one or more targeted groups. The Work Opportunity Tax Credit (WOTC) is generally worth $2,400 for each eligible employee but can be worth more — in some cases much more.

Targeted groups

Generally, an employer is eligible for the credit only for qualified wages paid to members of a targeted group. These groups are:

  1. Qualified members of families that receive assistance under the Temporary Assistance for Needy Families program,
  2. Qualified veterans,
  3. Qualified ex-felons,
  4. Designated community residents,
  5. Vocational rehabilitation referrals,
  6. Qualified summer youth employees,
  7. Qualified members of families in the Supplemental Nutritional Assistance Program (SNAP),
  8. Qualified Supplemental Security Income recipients,
  9. Long-term family assistance recipients, and
  10. Long-term unemployed individuals.

Employer eligibility and requirements

Employers of all sizes are eligible to claim the WOTC. This includes both taxable and certain tax-exempt employers located in the United States and in some U.S. territories. Taxable employers can claim the WOTC against income taxes. However, eligible tax-exempt employers can claim the WOTC only against payroll taxes and only for wages paid to members of the qualified veteran targeted group.

Many additional conditions must be fulfilled before employers can qualify for the credit. Each employee must have completed a minimum of 120 hours of service for the employer. Also, the credit isn’t available for employees who are related to the employer or who previously worked for the employer.

Credit amounts

WOTC amounts differ for specific employees. The maximum credit available for the first year’s wages generally is $2,400 for each employee, or $4,000 for a recipient of long-term family assistance. In addition, for those receiving long-term family assistance, there’s a 50% credit for up to $10,000 of second-year wages. The maximum credit available over two years for these employees is $9,000 ($4,000 for Year 1 and $5,000 for Year 2).

For some veterans, the maximum WOTC is higher: $4,800 for certain disabled veterans, $5,600 for certain unemployed veterans, and $9,600 for certain veterans who are both disabled and unemployed.

For summer youth employees, the wages must be paid for services performed during any 90-day period between May 1 and September 15. The maximum WOTC credit available for summer youth is $1,200 per employee.

Worth pursuing

Additional rules and requirements apply. For example, you must obtain certification that an employee is a target group member from the appropriate State Workforce Agency before you can claim the credit. The certification generally must be requested within 28 days after the employee begins work. And in limited circumstances, the rules may prohibit the credit or require an allocation of it.

Nevertheless, for most employers that hire from targeted groups, the credit can be valuable. Contact your tax advisor with questions or for more information about your situation.

© 2022

It’s Not Too Late to Claim the Employee Retention Credit for 2020 and 2021

Established by the CARES Act, the employee retention credit (ERC) was designed to incentivize employers to maintain their staff in the midst of the coronavirus pandemic. Originally, recipients of Paycheck Protection Program (PPP) loans were barred from claiming the ERC; however, in December of 2020, the Consolidated Appropriations Act made the ERC available to PPP loan recipients for use on wages that were not paid with forgiven PPP loan funds.

If you did not claim the ERC for 2020 and/or 2021, you should be sure to review the credit qualifications. If you qualified for the ERC during either year, you can file an amended Form 941X to retroactively claim the credit. Businesses still interested in filing for the ERC need to do so by March 12, 2023.

ERC Qualifications

In order to qualify to claim the ERC, for the calendar quarter in which you claim the credit, you must meet at least one of two criteria:

  1. Your business was fully or partially shut down as a result of a government order stemming from the coronavirus pandemic, and/or
  2. Your business experienced a significant decline in gross receipts

The definition of a “significant decline in gross receipts” in regards to the ERC is different for 2020 and 2021:

  • For 2020, a business must have experienced at least a 50% drop in gross receipts for the quarter, compared to the corresponding quarter in 2019. Additionally, to qualify, a business must have had 100 or fewer full-time employees, excluding the owners.
  • For 2021, a business must have experienced at least a 20% drop in gross receipts for the quarter, compared to the corresponding quarter in 2019. Additionally, to qualify, a business must have had between 1 and 500 full-time W-2 employees, excluding the owners.

Need Help Claiming the ERC?

If you think you may qualify for the ERC for any quarter of 2020 or 2021, the time to act is now. Ross Buehler Falk & Company has extensive experience helping clients claim the ERC. We are here to answer your questions and assist you with making the most of the tax opportunities available to you. Contact us today.

Top Side Hustles

In our current economy, or anytime actually, it can’t hurt to have a side hustle to bring in extra cash. Some of these options can be quite lucrative, but like everything, it takes a little work to create a steady income stream. However, with a little pre-planning, you can do it. Let’s take a look.

Become a Tutor

Are you a math whiz? A wordsmith? History nut? Whatever your specialty, you can earn between $10 and $75 an hour. You might vary your price based on whether you’re tutoring at the high school, college, or adult education level. You can conduct your sessions online or in person—totally up to you and your comfort level. All you have to do is create a lesson plan, then spread the word on social media, contact your local high schools and universities, or tack a notice near a central location such as a local coffee shop. When you’re sharing your knowledge and helping others, it might not feel like work at all.

Deliver Groceries with Instacart

If you haven’t heard of this, you might have seen people in grocery stores with their carts stuffed with brown paper bags full of items, list in hand – these are most likely Instacart workers. In sum, this gig is a same-day grocery delivery app. You shop for other folks; you don’t have to pay out-of-pocket when you’re at the store, and you can start earning money the very first week. Oh, and you get tips. According to ridester.com, you can make anywhere from $200 to $1,000 a week. Pretty easy and cool, right?

Rent an Extra Room Through Airbnb

While this might require some prep like buying extra towels and toiletries, as well as communicating with customers, you can make a lot in the long run. It might take a couple of months to get up and running, but you can bring in around 7 percent to 12 percent of your property value per year.

Help with Finances

If you have a background in accounting or finance, you might start up a business doing someone’s books, taxes, or other services that have to do with money and/or budgeting. You can make from $20 to $100 an hour. Be sure to check with your city and state to find out what licenses and certifications you need.

Walk Dogs

Yes, dog walking can bring in more than you think. And you’ve probably seen these hearty souls on the sidewalks, sometimes with more than one furry friend in tow. If you live in a big city, there’s ample opportunity to make this work: you can make between $10 and $100 per day. And this is just a ballpark estimate. Plus, you’ll get your steps in. It’s healthy both fiscally and physically.

Write Resumes and Cover Letters

With all the job seekers out there, you could make a good chunk of change doing this. And you don’t necessarily need to be a writer. If you have a background in HR and recruitment or you’ve worked as a hiring manager, you’ll be ready to go. Hesitant about all that punctuation? Check out grammarly.com. This app will help you navigate all those writing questions you might have that inevitably come up when you’re composing. The average you might earn is somewhere in the neighborhood of $500 or more.

One Thing to Note

If you make more than $600, you must report it to the IRS. If you see that your side hustle is booming, if you start making thousands or tens of thousands of dollars a year, you might want to start a business. You could enjoy additional tax write-off opportunities so you can keep more of what you earn.

So start exploring, hang those shingles and watch the extra dough come rolling in.

Sources

https://careersidekick.com/side-hustle-ideas/

https://time.com/nextadvisor/financial-independence/best-side-hustles/

https://www.ridester.com/how-much-can-you-make-a-week-with-instacart/#:~:text=As%20an%20Instacart%20shopper%2C%20you,orders%20will%20earn%20more%20money.

Employee Spotlight – Connie Buzzard

Connie Buzzard joined the Ross Buehler Falk & Company (RBF) team in 2022 as a small business specialist. In this role, she works with the firm’s newly established Client Accounting Services line, providing bookkeeping and QuickBooks® support for small business clients. Connie has over 30 years of accounting industry experience and is a certified QuickBooks® Online ProAdvisor. A reliable professional, Connie values clear communication and punctuality.

Connie gravitated to the accounting professional naturally. She earned her degree from Allentown College of Saint Francis de Sales, which is now called DeSales University. She worked as a staff accountant in a variety of industries before starting her own bookkeeping business. Connie also worked as a staff accountant for Pennsylvania and Ohio medical marijuana businesses prior to joining the firm. Her extensive industry knowledge and experience makes her a valuable new member of the RBF team.

Originally from Phillipsburg, NJ, Connie currently lives in East Hempfield, PA with her husband Steve and their two dogs, Gizzy and Nelly. The couple have two adult daughters, Jena and Emily. She loves Lancaster County for the transition between the peacefulness of the farmland and busyness of the city. In her free time, Connie enjoys doing outdoor activities and spending time with her granddaughter.

Want to get to know Connie even better? Here are a few fun facts about her:

  • Connie is afraid of heights.
  • The last show Connie binge-watched on Netflix was Stranger Things.
  • Connie’s favorite place to travel to is Switzerland.

Risk of Browser Extensions and How to Stay Safe

Web browsers such as Google Chrome, Firefox, Safari, and Edge play an essential role in enabling access to websites on the internet. Most browsers allow users to install extensions, also referred to as add-ons or plug-ins. These extensions are applications or small software modules that add functionality and other useful features to a browser.

Utilizing extensions, users can carry out various tasks such as password management, cookie management, ad blocking, interface modification, productivity tracking, grammar and spell-checking, etc.

Although extensions offer many useful functionalities, users should be aware that cybercriminals can take advantage of breaches made possible by extension usage, creating a security risk to users and their data.

The Need to Beware of Browser Extensions

Browsers enable websites to collect information such as viewing history, adding cookies, etc. Also, when installing the extensions, some require to be allowed various permissions, like the ability to read or change data. For instance, according to a recent study by Talon, a digital security company, most Chrome Web Store extensions (62.43 percent of extensions) require dangerous permissions, including permission to read or change user data and activity. This means that an extension can see compromising items including sites visited, keystrokes, login credentials, and private data, such as payment card details.

Since this information is readily available on a user’s web browser, cybercriminals can use a malicious extension to collect the data for their gain. At the same time, the data collected is sold without user consent or knowledge and used by third-party data brokers to send users tailor-made ads.

Although not all browser extensions pose a security risk, some might be built to impersonate legitimate extensions, especially those from third-party resources. In other cases, legitimate extensions have been compromised or bought by a developer who uses them for malicious purposes.

Some browser add-ons are built to download malware onto your device, redirect search traffic to malicious websites, or download adware and Trojan horse viruses.

Browser extensions can automatically update without requiring any action from a user. This means that if a legitimate extension is compromised, it can be used to install malware without user knowledge. Even secure extensions are prone to attacks or can be compromised, enabling attackers to gain access to data stored by browsers.

Additionally, malicious extensions can be built to bypass fraud detection by official Web stores. For instance, in 2020, Google removed over 500 extensions from its web store that violated policies, with some already having infected users and stolen their data. This followed the discovery of some malicious extensions that users had already downloaded.

A recent report released by Kaspersky, a cybersecurity firm, shows just how dangerous malicious add-ons are. After the firm analyzed data from January 2020 to June 2022, it discovered that over this time frame, 4.3 million users were attacked by adware hiding in browser extensions. This put adware as the highest representative of browser extension risks, with malware coming second. The report also indicates that Kaspersky products prevented more than 6 million users from downloading adware, malware, or riskware disguised as browser extensions.

Such figures from just one cybersecurity firm are worrying, considering the study focused only on users that use their security solutions. This creates a need for users to be more vigilant when using browser extensions.

How to Make Sure Browser Extensions Are Safe

There are various ways to help reduce the risks posed by browser extensions:

  1. Ensure the extension is from an official web store. Since these extensions can also be compromised, it is best to find out more information about the developer.
  2. Check reviews as they help to know what other users think of the extension and if there have been any complaints. However, users should be cautious of identical comments or too many five-star reviews, as these could be fake.
  3. Check whether the extension is updated regularly. An extension last updated many years ago might not be reliable.
  4. Review extension permissions for each extension.
  5. Check that you are not installing clones of the original extension. For instance, if you search for an extension, you can find other similar ones that look legit.
  6. Uninstall browser extensions that you don’t recognize or those you no longer need.
  7. Use browsers that have the features you want.
  8. Install reliable antivirus software that will help spot malicious activities or applications.

Conclusion

Browser extensions play an important role in the user browsing experience. Although not all extensions are dangerous, users must conduct due diligence to ensure they install legitimate extensions.

Electric Vehicle Tax Credits and the Future of the Automotive Industry

One highlight of the recently passed Inflation Reduction Act of 2022 (IRA; HR 5376) is modifications to what are commonly referred to as “EV credits.” Specifically, Section 30D of the Act is where the most important modifications are, and where the present tax credit for electric vehicles is spelled out in the U.S. Code. There is also a new stimulus for previously owned electric vehicles, industrial vehicles, and “alternative fuel refueling property.”

According to estimates developed by the Joint Committee on Taxation, in lieu of what was previously known as the credit for plug-in electric vehicles, there is now a new clean vehicle credit. It is expected to be worth $7.5 billion over the next decade. Other noteworthy tax credits include $1.7 billion for “alternative fuel refueling property,” $1.3 billion available for buying a previously owned qualified plug-in EV, and $3.6 billion in tax credits for qualified commercial clean vehicles.

How the IRA Changes Section 30D and EV Tax Credits

For eligible new clean vehicles, purchasers may receive $7,500 in federal tax credits and $4,000 for similarly used vehicles. It is important to note that taxpayers who purchase such vehicles are eligible for this tax credit if their modified adjusted gross income (MAGI) during the current or preceding tax year is no greater than $300,000 for joint filers; $225,000 for heads of household; and $150,000 for single filers. It is also limited to pickup trucks, vans, and sport utility vehicles up to an MSRP of $80,000. All other vehicles costing up to $55,000 are similarly eligible.

Critical Mineral Standards

Another important qualification for this tax credit is if the vehicle’s battery has a minimum threshold of critical minerals and if it has been processed in the required geographies. Section 30D(e) requires progressively increasing percentages of critical minerals either processed or extracted in the United States or in another country the U.S. has an existing free-trade agreement. If the stated percentages are recycled in North America, a vehicle’s battery components may also qualify for the tax credit.

Once guidance is issued by the U.S. Treasury and before the start of 2024, there must be at least 40 percent of eligible critical minerals to qualify. Vehicles placed in service in 2024 must have at least 50 percent critical minerals in their batteries. Critical minerals must be 60 percent, 70 percent, and 80 percent of a battery’s components in 2025, 2026 and after Dec. 31, 2026, respectively. Dependent on future guidelines developed by the Internal Revenue Service, manufacturers will have to sign off on battery component makeup.

Requirements for Battery Manufacturing/Assembly Requirements

According to Section 30D(e)(2), prior to Jan. 1, 2024, at least half of the components of an EV battery must be assembled or manufactured in North America. Starting in 2024 and through 2025, 60 percent of a battery must meet such requirements. Beginning in 2026 through 2028, this requirement will increase by 10 percent annually, eventually requiring 100 percent of a battery’s construction to meet these standards beyond Dec. 31, 2028.

Other Considerations for Tax Credit Eligibility

If any critical minerals were extracted, handled, or recycled by a “foreign entity of concern,” it is prohibited by the IRA for tax credit eligibility. Similarly, the final assembly also must take place within North America to retain eligibility for the tax credit. Being considered a “qualified manufacturer” is another requirement that is necessary to maintain tax credit eligibility. This is any manufacturer that adheres to the EPA’s Title II Clean Air Act rules.

With the push for cleaner and greener energy evolving, this is one of many tax credits for consumers and businesses alike to reduce emissions and navigate the U.S. Tax Code.