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".05 Manufacturer. The term “manufacturer” has the meaning given that term in the Clean Air Act regulations."
Manufacturer has the meaning given in section 216(1) of the Clean Air Act (42 U.S.C. 7550(1)).
"(1) The term “manufacturer” as used in sections 7521, 7522, 7525, 7541, and 7542 of this title means any person engaged in the manufacturing or assembling of new motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines"
What's a new motor vehicle, then?
"(3) Except with respect to vehicles or engines imported or offered for importation, the term “new motor vehicle” means a motor vehicle the equitable or legal title to which has never been transferred to an ultimate purchaser"
So, it looks like you can be a manufacturer as long as the vehicle has never had a legal title transferred from an MCO (Manufacturer's Certificate of Origin).
My interpretation is, if you do a conversion of an existing vehicle, you're screwed.
If you do a kit, the "equitable title" is where the lawyers get paid the big bucks...win or lose, both sides get paid.
My understanding is that you can petition the IRS for an interpretation of its rules.
I'm not a lawyer, so my opinion's worth what you paid me for it.
For what it's worth, my state keeps a list of approved manufacturers for EV rebates. Startups, like Lightning Motorcycles, aren't on that list.
Manufacturer has the meaning given in section 216(1) of the Clean Air Act (42 U.S.C. 7550(1)).
"(1) The term “manufacturer” as used in sections 7521, 7522, 7525, 7541, and 7542 of this title means any person engaged in the manufacturing or assembling of new motor vehicles, new motor vehicle engines, new nonroad vehicles or new nonroad engines"
What's a new motor vehicle, then?
"(3) Except with respect to vehicles or engines imported or offered for importation, the term “new motor vehicle” means a motor vehicle the equitable or legal title to which has never been transferred to an ultimate purchaser"
So, it looks like you can be a manufacturer as long as the vehicle has never had a legal title transferred from an MCO (Manufacturer's Certificate of Origin).
My interpretation is, if you do a conversion of an existing vehicle, you're screwed.
If you do a kit, the "equitable title" is where the lawyers get paid the big bucks...win or lose, both sides get paid.
My understanding is that you can petition the IRS for an interpretation of its rules.
I'm not a lawyer, so my opinion's worth what you paid me for it.
For what it's worth, my state keeps a list of approved manufacturers for EV rebates. Startups, like Lightning Motorcycles, aren't on that list.
