SECTION 5. TRANSFER ELECTION

DISCLOSURE OBLIGATIONS BETWEEN THE DEALER AND TAXPAYER

.01 Disclosure to Taxpayer Electing to Transfer the Credit. Not later than the time of sale, the registered dealer must provide the taxpayer electing to transfer a credit under § 30D(g) or § 25E(f) a written disclosure containing the information described in sections 4.02(2)(e) and 4.02(3)(c) of this revenue procedure, signed under penalty of perjury by a person currently authorized to bind the dealer in these matters, and a copy of the seller report described in section 7.03 of this revenue procedure.

.02 Disclosure Obligation of Taxpayer Electing to Transfer the Credit. Not later than the time of sale, the taxpayer electing to transfer the credit under § 30D(g) or § 25E(f) must furnish the information listed in sections 5.02(1) through 5.02(3) and 5.02(11) of this revenue procedure to the registered dealer and make the attestations in sections 5.02(4) through 5.02(10) through the IRS Energy Credits Online Portal under penalty of perjury. Not later than the time of sale, the registered dealer must upload the information provided by the electing taxpayer in sections 5.02(1) through 5.02(3) and 5.02(11)

of this revenue procedure through the IRS Energy Credits Online Portal. The information the electing taxpayer must furnish is as follows:

(1) Date of the taxpayer’s transfer election;

(2) The taxpayer’s TIN; (3) A photocopy of the taxpayer’s valid, government-issued photo identification document;

(4) An attestation, that either: (a) The taxpayer’s prior year modified AGI did not exceed the modified AGI limitations, provided in §§ 30D(f)(10) (in the case of the § 30D credit) or 25E(b)(2) (in the case of the § 25E credit), as applicable, or, if not known, to the best of the taxpayer’s knowledge and belief, the taxpayer’s prior year modified AGI did not exceed such limitation, or

(b) To the extent of the taxpayer’s knowledge and belief, the taxpayer’s current year modified AGI will not exceed the modified AGI limitation;

(5) In the case of the § 30D credit, an attestation that the vehicle will be used predominantly for personal use;

(6) In the case of the § 25E credit, an attestation that the taxpayer is a “qualified buyer” as defined § 25E(c)(3);

(7) An attestation that the taxpayer will file an income tax return for the taxable year in which the vehicle is placed in service on or before the due date of the return (including extensions), reporting the taxpayer’s eligibility for the § 30D or § 25E credit, as applicable, including the vehicle’s VIN, and the taxpayer’s election to transfer the credit to the eligible entity, and repaying any credit amounts subject to recapture, if applicable;

(8) An attestation that the taxpayer is making this election prior to placing the vehicle in service and that the taxpayer has made no more than two transfer elections (including the election for which the attestation is being made) during the taxable year;

(9) An attestation that in the event the taxpayer’s modified AGI exceeds the applicable modified AGI limitations, they will repay the amount received as an addition to tax for the tax year the vehicle was placed in service.

(10) An attestation that the taxpayer has voluntarily elected to transfer the credit; and

(11) Such other information as may be required by the IRS Energy Credits Online Portal.