• A vehicle ordered, purchased, or leased, and/or delivered outof-state, is not eligible for the incentive. Any vehicle ordered online must be delivered in New Jersey to qualify. • Purchasers agree to retain ownership, or an active lease agreement, and registration of the vehicle in New Jersey for a minimum of 36 consecutive months. For more information on the program or to view a list of eligible vehicles, visit https://chargeup.njcleanenergy.com. EXEMPTION FROM NEW JERSEY SALES TAX The New Jersey Legislature exempts residents from paying State sales tax on the purchase or lease of a zero-emissions vehicle. With the current sales tax rate at 6.625%, this is a significant incentive that offers hundreds to thousands of dollars off the vehicle cost — at the point of purchase. To apply this incentive, the customer must fill out a Sales Tax Exempt Use Certificate (Form ST-4). Visit the NJDEP’s Drive Green website (https://dep.nj.gov/drivegreen/sales-and-use-tax-exemption) to view a list of vehicles eligible for the sales tax exemption. FEDERAL TAX CREDIT The Inflation Reduction Act of 2022 changed the rules for tax credits on eligible battery and plug-in hybrid electric vehicles. Under the new rules, the purchaser is not required to reach a minimum tax liability to secure a federal tax credit. However, the federal EV tax credit amount is affected by the individual’s tax liability and other factors. For example, if an individual purchases an EV eligible for the maximum $7,500 tax credit but owes only $4,000 in THE GOVERNMENT CAN’T (AND SHOULDN’T) FORCE CONSUMERS INTO AN EV, BUT THE GOVERNMENT CAN (AND SHOULD) INCENTIVIZE CONSUMERS TO TRANSITION TO AN EV. taxes, they will receive a $3,500 credit. Once a manufacturer sells 200,000 eligible plug-in electric vehicles, the available federal tax credit begins to phase out. To qualify, the eligible vehicle must be bought for personal use, NOT for resale, and the buyer’s modified adjusted gross income (AGI) may not exceed $300,000 for married couples filing jointly, $225,000 for heads of households, or $150,000 for all other filers. The amount of the credit depends on when you placed the vehicle in service (took delivery), regardless of purchase date and other factors. For more details regarding vehicle eligibility, purchaser eligibility and how tax credit amounts are determined, visit https://fueleconomy.gov/feg/tax2023.shtml. Beginning in January 2024, the tax credit can now be implemented at the point of sale, with dealers applying for reimbursement from the IRS, which has said it will pay dealers within three days of application. For more details on the federal EV tax credit, visit https://fueleconomy.gov/feg/tax2023.shtml. ArentFox Schiff’s Automotive Group drives innovative strategies forward. Our cutting-edge, national practice advises automotive leaders as the industry faces a dizzying array of competitive and regulatory hurdles. Smart in Automotive Smart In Your World afslaw.com Key Contact: Michael P. McMahan Partner, NY 212.484.3982 Michael.McMahan@afslaw.com 21 NEW JERSEY auto retailer
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