123STA T . 33 0PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ (3)MANUF A CT U RE R .—Thet e rm ‘m anuf a c turer ’ ha s the mean i n g gi v en such term in regu l ati o ns p rescri b e d b y the A dministrator of the E nvironmental P rotection Agency for pur - poses of the administration of title I Iofthe C lean Air Act ( 42U . S .C. 75 2 1 et se q .). ‘‘(4) B ATTER Y CA P AC I TY.—The term ‘capacity’ means ,w ith respect to any battery, the quantity of electricity which the battery is capable of storing, e x pressed in k ilowatt hours, as measured from a 1 0 0 percent state of charge to a 0 percent state of charge. ‘‘(e) SPECIA LR ULE S .— ‘‘(1) BASIS RE D UCTI O N.— F or purposes of this subtitle, the basis of any property for which a credit is allowable under subsection (a) shall be reduced by the amount of such credit so allowed. ‘‘(2) N O DOU B LE BENEFIT.—The amount of any deduction or other credit allowable under this chapter for a new qualified plug-in electric drive motor vehicle shall be reduced by the amount of credit allowable under subsection (a) for such vehicle. ‘‘(3) PROPERTY USED BY TA X -EXE M PT ENTITY.—In the case of a vehicle the use of which is described in paragraph (3) or (4) of section 50(b) and which is not sub j ect to a lease, the person who sold such vehicle to the person or entity using such vehicle shall be treated as the taxpayer that placed such vehicle in service, but only if such person clearly discloses to such person or entity in a document the amount of any credit allowable under subsection (a) with respect to such vehicle (determined without regard to subsection (c)). ‘‘(4) PROPERTY USED OUTSIDE UNITED STATES NOT Q UALI- FIED.—No credit shall be allowable under subsection (a) with respect to any property referred to in section 50(b)(1). ‘‘(5) RECAPTURE.—The Secretary shall, by regulations, pro- vide for recapturing the benefit of any credit allowable under subsection (a) with respect to any property which ceases to be property eligible for such credit. ‘‘( 6 ) ELECTION NOT TO TA K E CREDIT.—No credit shall be allowed under subsection (a) for any vehicle if the taxpayer elects to not have this section apply to such vehicle. ‘‘(f) TERMINATION.—This section shall not apply to any vehicle acquired after D ecember 31, 2011.’’. (b) CONFORMIN G AMENDMENTS.— (1)(A) Section 24(b)(3)(B) is amended by inserting ‘‘30,’’ after ‘‘25D,’’. (B) Section 25(e)(1)(C)(ii) is amended by inserting ‘‘30,’’ after ‘‘25D,’’. (C) Section 25B(g)(2) is amended by inserting ‘‘30,’’ after ‘‘25D,’’. (D) Section 26(a)(1) is amended by inserting ‘‘30,’’ after ‘‘25D,’’. (E) Section 9 04(i) is amended by striking ‘‘and 25B’’ and inserting ‘‘25B, 30, and 30D’’. (F) Section 1400C(d)(2) is amended by striking ‘‘and 25D’’ and inserting ‘‘25D, and 30’’. (2) Paragraph (1) of section 30B(h) is amended to read as follows
‘‘(1) MOTOR V E H ICLE.—The term ‘motor vehicle’ means any vehicle which is manufactured primarily for use on public 26USC 2 4.Regulations .
