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2022 vs 2023 Tax credit…Again

Autolycus

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ICE only :(
So it would come down to me signing Rivian's agreement back in August? If I'm understanding that clearly?
If you don't put the vehicle into service by the end of the month, yes. After that you'll have to qualify under the 2023 rules.

Of course, one thing we should all keep in mind is that I don't believe any implementing regs have been issued yet, so that could change some of the details.
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VHRivian

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I have seen many occasions where the specific language in a bill doesn't really work well with practical implementation of the provision. That's why there is the wiggle room of allowing for the Treasury department to provide additional administrative guidance.

I agree with @VSG that this will likely allow for us to claim the credit based on the old rules but only in the tax year we actually take delivery. I have seen nothing that says definitively either way.

As for the validity of the binding agreement - I will be taking the credit and making someone prove it's not ok. I would say placing an order 2 years ago certainly puts me within the spirit of the transition rule anyway. Overall, it seems like an 'ask for forgiveness rather than permission' scenario to me.
 

Alchemy8279

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You still qualify for the credit and should claim it when filing your taxes in the spring. The only new rule in effect before 1/1/23 is regarding location of assembly which Rivian meets.
What about income limits in this instance?
 

electruck

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What about income limits in this instance?
My statement still stands. The only new rule implemented before the end of 2022 is the location of assembly. There are no income limits, MSRP limits, or anything else in effect in 2022. Only the location of assembly.
 

BeanEW

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It is very interesting that after I read every post, I'm still and more confused. :(

Here's my situation... I did NOT sign a BPA; I took delivery of a R1S on Sep. 16, 2022; the R1S was under $80k excluding tax and fees but over $80k including tax and fees; and I'll over the income limit.

Will I get a tax credit? Someone please answer my question.

Thanks!
 

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Prime

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It is very interesting that after I read every post, I'm still and more confused. :(

Here's my situation... I did NOT sign a BPA; I took delivery of a R1S on Sep. 16, 2022; the R1S was under $80k excluding tax and fees but over $80k including tax and fees; and I'll over the income limit.

Will I get a tax credit? Someone please answer my question.

Thanks!
The new rules go into effect January 1st so you are eligible for the old rules since purchased in 2022, which includes no income cap. The BPA were for those who were expecting delivery after the new rules go into effect (2023+) and before the new bill was signed (8/16/2022). At least that’s my understanding.
 

BeanEW

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The new rules go into effect January 1st so you are eligible for the old rules since purchased in 2022, which includes no income cap. The BPA were for those who were expecting delivery after the new rules go into effect (2023+) and before the new bill was signed (8/16/2022). At least that’s my understanding.
Thank you very much for responding!!!
 
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Gavinmcc

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Yes
 

DTown3011

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It is very interesting that after I read every post, I'm still and more confused. :(

Here's my situation... I did NOT sign a BPA; I took delivery of a R1S on Sep. 16, 2022; the R1S was under $80k excluding tax and fees but over $80k including tax and fees; and I'll over the income limit.

Will I get a tax credit? Someone please answer my question.

Thanks!
Yes you will, if you took delivery in 2022 you have nothing to worry about. The income limit and $80K threshold don't go into effect until 2023. And the only reason to sign a BPA was if you weren't going to take (or didn't think you'd take) delivery in 2022.
 

BeanEW

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Yes you will, if you took delivery in 2022 you have nothing to worry about. The income limit and $80K threshold don't go into effect until 2023. And the only reason to sign a BPA was if you weren't going to take (or didn't think you'd take) delivery in 2022.
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Yes you will, if you took delivery in 2022 you have nothing to worry about. The income limit and $80K threshold don't go into effect until 2023. And the only reason to sign a BPA was if you weren't going to take (or didn't think you'd take) delivery in 2022.
Thank you!!!
 

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Coj

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i don't mean to add further variables but it's my understanding that if you signed the purchase contract in Aug 2022 you are eligible via the old rules (e.g. $7500, no income limit) even if the vehicle isn't delivered in 2022. Someone correct me if i'm wrong.

I'm clarifying this because this differs slightly from what you mentioned above in terms of 2022 vs 2023 purchases.
Yes, confirming your deposit as a down payment qualifies you for a tax credit in 2022 if you take delivery as well, is my understanding.
 

bbonkk

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i don't mean to add further variables but it's my understanding that if you signed the purchase contract in Aug 2022 you are eligible via the old rules (e.g. $7500, no income limit) even if the vehicle isn't delivered in 2022. Someone correct me if i'm wrong.

I'm clarifying this because this differs slightly from what you mentioned above in terms of 2022 vs 2023 purchases.
That’s mostly true. Binding contract had to be signed before August 16 and the kicker is that in order to be a binding contract in the eyes of the IRS it you need to have 5% at risk of the purchase price. The problem is it that the $1,000 deposit for the reservation is not 5%. I am in contact with Rivian to try and straighten this out.
Rivian R1T R1S 2022 vs 2023 Tax credit…Again 26D9E455-D0DB-4974-8CC3-89D26859ABFB
 

RYU

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That’s mostly true. Binding contract had to be signed before August 16 and the kicker is that in order to be a binding contract in the eyes of the IRS it you need to have 5% at risk of the purchase price. The problem is it that the $1,000 deposit for the reservation is not 5%. I am in contact with Rivian to try and straighten this out.
26D9E455-D0DB-4974-8CC3-89D26859ABFB.png
That's super helpful. Do you know if the 5% language existed before Aug 16? I assume, yes and was missed by Rivian's legal team, but i'm hoping it was added after the fact since so much of this bill's detail was still being written.
 

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LOL, we could dispute this 'Binding Contract' interpretation all day... OR, we could revisit past Forum discussions on the subject here:

https://www.rivianforums.com/forum/threads/irs-guidance-on-binding-agreement.7564/


That’s mostly true. Binding contract had to be signed before August 16 and the kicker is that in order to be a binding contract in the eyes of the IRS it you need to have 5% at risk of the purchase price. The problem is it that the $1,000 deposit for the reservation is not 5%. I am in contact with Rivian to try and straighten this out.
26D9E455-D0DB-4974-8CC3-89D26859ABFB.png
Regardless of interpretation, please note that the IRS Definition never explicitly states that a 5%+ deposit is required, and references enforceability under State law.

I wish you luck getting clarity from Rivian, @bbonkk , but I'm pretty sure their legal team will respond with an answer already written into the Binding Contract to Purchase Agreement (highlighted in BOLD even):

Rivian R1T R1S 2022 vs 2023 Tax credit…Again 1670344314588
 

bbonkk

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That's super helpful. Do you know if the 5% language existed before Aug 16? I assume, yes and was missed by Rivian's legal team, but i'm hoping it was added after the fact since so much of this bill's detail was still being written.
I have been trying to contact Rivan but no one gets back to me. They keep changing guides on me. Went to Venice California showroom and spoke to someone there. Hopefully it gets pushed up the chain of command. Correction may involve adding an amount to the deposit to equal 5%.
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