DEPARTMENT OF THE TREASURY

DEPARTMENT OF THE TREASURY

I NTE R NAL RE VE NU E S ER VI CE

WASHINGTON, D.C. 20224

February 28, 2024

Number: 2023-0005

Release Date: 3/29/2024

GENIN-101519-24

Index Number: 25E.00-00

------------------------------------------------------------------------Dear ---------------:

I’m responding to your January 19, 2024, email to Commissioner Daniel Werfel about

your concerns regarding the three-day time period for submitting time-of-sale reports to

the Internal Revenue Service (IRS) for purposes of the Section 25E Previously-Owned

Clean Vehicle Credit. You also asked him to consider making an extension for Section

25E used vehicle sales to January 31, 2024, or until the IRS Energy Credits Online

Portal is capable of accepting valid Vehicle Identification Numbers seamlessly.

Since the passage of the Inflation Reduction Act of 2022, the Treasury Department and

the IRS have published several pieces of guidance, including Revenue Procedures

2022-42, 2023-33, and 2023-38, to assist in the administration the Section 30D New

Clean Vehicle Credit and the Section 25E Previously-Owned Clean Vehicle Credit.

Most recently, on February 7, 2024, the Treasury Department and IRS released

Revenue Procedure 2024-12, which provided a temporary extension of time to submit

seller reports to the IRS under the procedures set out in Rev. Proc. 2022-42 and Rev.

Proc. 2023-33 for the transfer of clean vehicle credits or previously-owned clean vehicle

credits under sections 30D and 25E, respectively.

As you mentioned in your letter, for vehicles sold and placed in service between

January 1, 2024, and January 16, 2024, the time-of-sale report due date was extended

to January 19, 2024. For sales for which the vehicle is placed in service on or after

January 17, 2024, a seller must file the seller report through the IRS Energy Credits

Online Portal within 3 calendar days of the date of the sale. Finally, for vehicles placed

in service in 2023, the time-of-sale report was extended to February 15, 2024. Revenue

Procedure 2024-12 provided sellers this additional time to submit certain seller reports

to the IRS in the interest of sound tax administration. Please continue to attempt to

submit your time-of-sale reports within 3 days of the date of the sale, but the IRS will

continue to accept reports submitted after the third day.

I empathize with any issues or delays you experienced in submitting your time-of-sale

reports through the IRS Energy Credits Online Portal. If you have any additional

comments or recommendations for guidance, you may submit them electronically on

www.regulations.gov.

I hope this information is helpful. If you have questions, please contact me at

-------------------, or --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------, at

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Sincerely,

Patrick S. Kirwan, Chief

Branch 6

Office of Associate Chief Counsel

Passthroughs and Special Industries

Macro Form (Rev. 6/1999)

Department of the Treasury - Internal Revenue Service