SECTION 6. SELLER REPORTS

.01 Seller reports generally . Section 1.30D-2(b)(46) provides that the term “seller report” means the report described in § 30D(d)(1)(H) that the seller of a new clean vehicle provides to the taxpayer and the IRS in the manner provided in, and containing the information described in, guidance published in the Internal Revenue Bulletin ( see § 601.601 of the Statement of Procedural Rules (26 CFR Part 601)). Section 1.30D-2(b)(46) further provides that the seller report must be transmitted to the IRS electronically, and that the term “seller report” does not include a report rejected by the IRS due to the information contained therein not matching IRS records. Section 1.25E-1(b)(18) provides the same definition for purposes of section 25E. Section 7.03(1) through (3) of Rev. Proc. 2023-33 provides procedural rules related to the time and manner of filing seller reports, the requirement to furnish copies of seller reports, and IRS rejection of seller reports.

.02 Updating and Rescinding Seller Reports.

(1) Error on seller report. If the seller of a new clean vehicle discovers that information on the seller report is incorrect, the seller must notify the IRS of the error by submitting updated information in the manner specified in the instructions on the IRS Energy Credits Online Portal as promptly as possible after the discovery of the error. The IRS will acknowledge submission of the updated information and will notify the seller of whether the updated information is accepted or rejected by the IRS. The seller must notify the taxpayer listed on the seller report within 3 calendar days of submitting the updated information to the IRS, and provide the buyer a copy of the updated timeof-sale report. If the IRS rejects the seller’s submission of updated information, the seller must also notify the taxpayer

listed on the seller report within 3 calendar days of such rejection.

(2) Cancelled sale. If the sale of a new clean vehicle is cancelled before the vehicle is placed in service, the seller must rescind the seller report in the manner specified in the instructions on the IRS Energy Credits Online Portal as promptly as possible after the sale is cancelled. The IRS will acknowledge rescission of the seller report. The seller must notify the buyer within 3 calendar days of rescinding the seller report and provide the buyer a copy of the IRS acknowledgement that the seller report has been rescinded. If the IRS rejects the seller’s attempted rescission of the seller report, the seller must also notify the buyer within 3 calendar days of such rejection.

(3) Vehicle Return. If a buyer returns a vehicle to the seller within 30 days of placing such vehicle in service, the seller must update the seller report in the manner specified in the instructions on the IRS Energy Credits Online Portal. The IRS will acknowledge submission of the report of the vehicle return. The seller must notify the buyer within 3 calendar days of the update to the seller report and provide the buyer a copy of the IRS acknowledgement that the seller report has been updated.

.03 Repayment of Advance Payment of § 30D Credit in the event of cancelled sale, vehicle return, or other error. If the seller receives an advance payment of the § 30D credit with respect to a new clean vehicle that is returned within 30 days to the seller or with respect to which the sale is cancelled, the seller must return the amount received as an advance payment in the manner specified in the instructions on the IRS Energy Credits Online Portal. If the seller receives an advance payment of the § 30D credit with respect to a new clean vehicle that was paid in error, regardless of the nature of the error, the seller must return the amount received as an advance payment in the manner specified in the instructions on the IRS Energy Credits Online Portal.