# DEPARTMENT OF THE TREASURY

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/agency%3Airs%3Af01a6bbc8cf1b0a8

## Record

- **Collection:** Agency decision
- **Document type:** Agency decision

## Text

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
-------------------.
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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Airs%3Af01a6bbc8cf1b0a8. Public record. Not legal advice.
