What This Bill Does
This bill creates a tax credit (a reduction in taxes owed) that people can claim when they buy a new electric bicycle. Individuals can get back 30 percent of what they pay for a qualified electric bicycle, up to a maximum credit amount. The bill also allows retailers to receive the credit directly at the time of purchase instead of customers waiting to claim it on their taxes.
##
Who It Affects
- Individual taxpayers who buy electric bicycles
- Retailers who sell electric bicycles
- Electric bicycle manufacturers
- U.S. possessions with tax systems
##
Key Provisions
- You can claim a credit equal to 30 percent of the cost of a qualified electric bicycle you buy, but the credit is limited based on your income level. (Sec. 36C(a) and (b)(3))
- You can claim this credit for a maximum of one electric bicycle per year (or two if you file taxes jointly), but you cannot claim more bicycles than this limit minus the number you claimed in the previous two years. (Sec. 36C(b)(2))
- The credit begins to reduce by $100 for every $1,000 your income exceeds certain thresholds: $300,000 for joint filers, $225,000 for heads of household, and $150,000 for others. (Sec. 36C(b)(3)(A))
- A qualified electric bicycle must have an electric motor smaller than 750 watts, fully operable pedals, a seat, and cannot go faster than 20 miles per hour with motor assistance (or 28 miles per hour if motor assistance only works when pedaling). (Sec. 36C(c)(1)(G))
- Retailers can register with the Treasury to give customers the credit as a discount at the point of sale instead of customers claiming it later on taxes, and the retailer then receives the credit amount. (Sec. 36C(h))
##
What Changes
If this law passes, people buying new electric bicycles can reduce their federal income taxes by 30 percent of the purchase price (with limits). Instead of waiting until tax time, customers can choose to have retailers apply the credit immediately as a discount or payment toward their purchase. Electric bicycle manufacturers must assign unique identification numbers to their bikes and report this information to the Treasury Department. The Treasury Department must report back to the public within three years on how many people claimed this credit and the total dollar amount claimed.
##
Important Definitions
- **Qualified electric bicycle**: A new bicycle or tricycle you use yourself (not for resale) that costs no more than $8,000, has a motor under 750 watts, fully operable pedals, a seat, and meets specific safety standards. (Sec. 36C(c)(1))
- **Class 1 electric bicycle or tricycle**: A two- or three-wheeled vehicle where the motor only helps when you pedal and stops helping above 20 miles per hour. (Sec. 36C(c)(2))
- **Class 2 electric bicycle or tricycle**: A two- or three-wheeled vehicle where the motor can move it without pedaling but stops helping above 20 miles per hour. (Sec. 36C(c)(3))
- **Class 3 electric bicycle or tricycle**: A two- or three-wheeled vehicle where the motor only helps when you pedal and stops helping above 28 miles per hour. (Sec. 36C(c)(4))
- **Modified adjusted gross income**: Your regular adjusted gross income plus certain amounts the tax code excludes from income. (Sec. 36C(b)(3)(C))
- **Eligible entity**: A retailer registered with the Treasury who sells qualified electric bicycles and meets specific requirements to receive credits directly from customers. (Sec. 36C(h)(2))
##
Effective Date
The credit applies to electric bicycles placed in service (purchased and ready to use) after the date this bill becomes law, for tax years ending after that date. (Sec. 2(d))
II
118TH CONGRESS
1ST SESSION
S. 881
To amend the Internal Revenue Code of 1986 to provide a credit for the
purchase of certain new electric bicycles.
IN THE SENATE OF THE UNITED STATES
MARCH 21, 2023
Mr. SCHATZ (for himself and Mr. MARKEY) introduced the following bill;
which was read twice and referred to the Committee on Finance
A BILL
To amend the Internal Revenue Code of 1986 to provide
a credit for the purchase of certain new electric bicycles.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Electric Bicycle Incen-
4
tive Kickstart for the Environment Act’’ or as the ‘‘E-
5
BIKE Act’’.
6
SEC. 2. CREDIT FOR CERTAIN NEW ELECTRIC BICYCLES.
7
(a) IN GENERAL.—Subpart C of part IV of sub-
8
chapter A of chapter 1 of the Internal Revenue Code of
9
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•S 881 IS
1986 is amended by inserting after section 36B the fol-
1
lowing new section:
2
‘‘SEC. 36C. ELECTRIC BICYCLES.
3
‘‘(a) ALLOWANCE OF CREDIT.—In the case of an in-
4
dividual, there shall be allowed as a credit against the tax
5
imposed by this chapter for the taxable year an amount
6
equal to 30 percent of the cost of each qualified electric
7
bicycle placed in service by the taxpayer during such tax-
8
able year.
9
‘‘(b) LIMITATIONS.—
10
‘‘(1) LIMITATION ON COST PER BICYCLE TAKEN
11
INTO
ACCOUNT.—The amount taken into account
12
under subsection (a) as the cost of any qualified
13
electric bicycle shall not exceed $5,000.
14
‘‘(2) LIMITATION ON NUMBER OF BICYCLES.—
15
In the case of any taxpayer for any taxable year, the
16
number of qualified electric bicycles taken into ac-
17
count under subsection (a) shall not exceed the ex-
18
cess (if any) of—
19
‘‘(A) 1 (2 in the case of a joint return), re-
20
duced by
21
‘‘(B) the aggregate number of qualified
22
electric bicycles taken into account by the tax-
23
payer under subsection (a) for the 2 preceding
24
taxable years.
25
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•S 881 IS
‘‘(3) PHASEOUT BASED ON INCOME.—
1
‘‘(A) PHASEOUT BASED ON MODIFIED AD-
2
JUSTED
GROSS
INCOME.—The credit allowed
3
under subsection (a) shall be reduced by $100
4
for each $1,000 (or fraction thereof) by which
5
the taxpayer’s modified adjusted gross income
6
exceeds—
7
‘‘(i) $300,000 in the case of a joint
8
return or a surviving spouse (as defined in
9
section 2(a)),
10
‘‘(ii) $225,000 in the case of a head
11
of household (as defined in section 2(b)),
12
and
13
‘‘(iii) $150,000 in the case of a tax-
14
payer not described in clause (i) or (ii).
15
‘‘(B) SPECIAL RULE FOR MODIFIED AD-
16
JUSTED
GROSS
INCOME
TAKEN
INTO
AC-
17
COUNT.—The modified adjusted gross income
18
of the taxpayer that is taken into account for
19
purposes of subparagraph (A) shall be the less-
20
er of—
21
‘‘(i) the modified adjusted gross in-
22
come for the taxable year with respect to
23
which the credit is claimed, or
24
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•S 881 IS
‘‘(ii) the modified adjusted gross in-
1
come for the immediately preceding taxable
2
year.
3
‘‘(C) MODIFIED
ADJUSTED
GROSS
IN-
4
COME.—For purposes of subparagraph (A), the
5
term ‘modified adjusted gross income’ means
6
adjusted gross income increased by any amount
7
excluded from gross income under section 911,
8
931, or 933.
9
‘‘(c) QUALIFIED ELECTRIC BICYCLE.—For purposes
10
of this section—
11
‘‘(1) IN GENERAL.—The term ‘qualified electric
12
bicycle’ means a bicycle or tricycle—
13
‘‘(A) the original use of which commences
14
with the taxpayer,
15
‘‘(B) which is acquired for use by the tax-
16
payer and not for resale,
17
‘‘(C) which is not property of a character
18
subject to an allowance for depreciation or am-
19
ortization in the hands of the taxpayer,
20
‘‘(D) which is made by a qualified manu-
21
facturer and is labeled with the qualified vehicle
22
identification number assigned to such bicycle
23
or tricycle by such manufacturer,
24
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•S 881 IS
‘‘(E) with respect to which the aggregate
1
amount paid for such acquisition does not ex-
2
ceed $8,000,
3
‘‘(F) which is a class 1 electric bicycle or
4
tricycle, a class 2 electric bicycle or tricycle, or
5
a class 3 electric bicycle or tricycle,
6
‘‘(G) which is equipped with—
7
‘‘(i) fully operable pedals,
8
‘‘(ii) a saddle or seat for the rider,
9
and
10
‘‘(iii) an electric motor of less than
11
750 watts which is designed to provide as-
12
sistance in propelling the bicycle or tricycle
13
and—
14
‘‘(I) does not provide such assist-
15
ance if the bicycle or tricycle is mov-
16
ing in excess of 20 miler per hour, or
17
‘‘(II) if such motor only provides
18
such assistance when the rider is ped-
19
aling, does not provide such assistance
20
if the bicycle or tricycle is moving in
21
excess of 28 miles per hour,
22
‘‘(H) which is not equipped with any motor
23
other than the motor described in subparagraph
24
(G)(iii),
25
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•S 881 IS
‘‘(I) which is not capable of exceeding the
1
speed limitation in paragraph (2) by means of
2
any electronic switch, setting or software modi-
3
fication provided or made available by the man-
4
ufacturer, and
5
‘‘(J) which has a drive system that has
6
been certified by an accredited laboratory to
7
Underwriters Laboratory (UL) standard UL
8
2849, or a battery that has been certified to
9
any of the battery safety standards listed in
10
such standard UL 2849 or such other drive sys-
11
tem or battery safety standard as may be recog-
12
nized by the United States Consumer Product
13
Safety Commission.
14
‘‘(2) CLASS
1
ELECTRIC
BICYCLE
OR
TRI-
15
CYCLE.—The term ‘class 1 electric bicycle or tri-
16
cycle’ means a two- or three-wheeled vehicle
17
equipped with an electric motor that provides assist-
18
ance only when the rider is pedaling, that is not ca-
19
pable of providing assistance when the speed of the
20
vehicle exceeds 20 miles per hour, and that is not a
21
class 3 electric bicycle or tricycle.
22
‘‘(3) CLASS
2
ELECTRIC
BICYCLE
OR
TRI-
23
CYCLE.—The term ‘class 2 electric bicycle or tri-
24
cycle’ means a two- or three-wheeled vehicle
25
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•S 881 IS
equipped with an electric motor that may be used to
1
propel the vehicle without the need of any additional
2
assistance, and that is not capable of providing as-
3
sistance when the speed of the vehicle exceeds 20
4
miles per hour.
5
‘‘(4) CLASS
3
ELECTRIC
BICYCLE
OR
TRI-
6
CYCLE.—The term ‘class 3 electric bicycle or tri-
7
cycle’ means a two- or three-wheeled vehicle
8
equipped with an electric motor that provides assist-
9
ance only when the rider is pedaling, and that is not
10
capable of providing assistance when the speed of
11
the vehicle exceeds 28 miles per hour.
12
‘‘(d) SPECIAL RULE FOR BICYCLES USED BY AN IN-
13
DIVIDUAL IN A TRADE OR BUSINESS.—In the case of any
14
bicycle or tricycle with respect to which the taxpayer elects
15
(at such time and in such manner as the Secretary may
16
provide) the application of this subsection—
17
‘‘(1) subsections (c)(1)(C) and (f)(2) shall not
18
apply with respect to such bicycle or tricycle, and
19
‘‘(2) no deduction (including any deduction for
20
depreciation or amortization) or credit (other than
21
the credit allowed under this section) shall be al-
22
lowed for the cost of such bicycle or tricycle.
23
‘‘(e) VIN NUMBER REQUIREMENT.—
24
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•S 881 IS
‘‘(1) IN GENERAL.—No credit shall be allowed
1
under subsection (a) with respect to any qualified
2
electric bicycle unless the taxpayer includes the
3
qualified vehicle identification number of such bicy-
4
cle on the return of tax for the taxable year.
5
‘‘(2)
QUALIFIED
VEHICLE
IDENTIFICATION
6
NUMBER.—For purposes of this section, the term
7
‘qualified vehicle identification number’ means, with
8
respect to any qualified electric bicycle, the vehicle
9
identification number assigned to such bicycle by a
10
qualified manufacturer pursuant to the methodology
11
referred to in paragraph (3)(A).
12
‘‘(3) QUALIFIED
MANUFACTURER.—For pur-
13
poses of this section, the term ‘qualified manufac-
14
turer’ means any manufacturer of qualified electric
15
bicycles which enters into an agreement with the
16
Secretary which provides that such manufacturer
17
will—
18
‘‘(A) assign a vehicle identification number
19
to each qualified electric bicycle produced by
20
such manufacturer utilizing a methodology that
21
will ensure that such number (including any al-
22
phanumeric) is unique to such bicycle (by uti-
23
lizing numbers or letters which are unique to
24
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•S 881 IS
such manufacturer or by such other method as
1
the Secretary may provide),
2
‘‘(B) label such bicycle with such number
3
in such manner as the Secretary may provide,
4
and
5
‘‘(C) make periodic written reports to the
6
Secretary (at such times and in such manner as
7
the Secretary may provide) of the vehicle identi-
8
fication numbers so assigned and including
9
such information as the Secretary may require
10
with respect to the qualified electric bicycle to
11
which such number was so assigned.
12
‘‘(f) SPECIAL RULES.—
13
‘‘(1) BASIS REDUCTION.—For purposes of this
14
subtitle, the basis of any property for which a credit
15
is allowable under subsection (a) shall be reduced by
16
the amount of such credit so allowed.
17
‘‘(2) NO
DOUBLE
BENEFIT.—The amount of
18
any deduction or other credit allowable under this
19
chapter for a qualified electric bicycle for which a
20
credit is allowable under subsection (a) shall be re-
21
duced by the amount of credit allowed under such
22
subsection for such bicycle.
23
‘‘(3) PROPERTY USED OUTSIDE UNITED STATES
24
NOT QUALIFIED.—No credit shall be allowable under
25
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•S 881 IS
subsection (a) with respect to any property referred
1
to in section 50(b)(1).
2
‘‘(4) RECAPTURE.—The Secretary shall, by reg-
3
ulations or other guidance, provide for recapturing
4
the benefit of any credit allowable under subsection
5
(a) with respect to any property which ceases to be
6
property eligible for such credit.
7
‘‘(5) ELECTION
NOT
TO
TAKE
CREDIT.—No
8
credit shall be allowed under subsection (a) for any
9
qualified electric bicycle if the taxpayer elects to not
10
have this section apply to such bicycle.
11
‘‘(g) TREATMENT OF CERTAIN POSSESSIONS.—
12
‘‘(1) PAYMENTS TO POSSESSIONS WITH MIRROR
13
CODE TAX SYSTEMS.—The Secretary shall pay to
14
each possession of the United States which has a
15
mirror code tax system amounts equal to the loss (if
16
any) to that possession by reason of the application
17
of the provisions of this section (determined without
18
regard to this subsection). Such amounts shall be
19
determined by the Secretary based on information
20
provided by the government of the respective posses-
21
sion.
22
‘‘(2) PAYMENTS TO OTHER POSSESSIONS.—The
23
Secretary shall pay to each possession of the United
24
States which does not have a mirror code tax system
25
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•S 881 IS
amounts estimated by the Secretary as being equal
1
to the aggregate benefits (if any) that would have
2
been provided to residents of such possession by rea-
3
son of the provisions of this section if a mirror code
4
tax system had been in effect in such possession.
5
The preceding sentence shall not apply unless the re-
6
spective possession has a plan which has been ap-
7
proved by the Secretary under which such possession
8
will promptly distribute such payments to its resi-
9
dents.
10
‘‘(3) MIRROR CODE TAX SYSTEM; TREATMENT
11
OF PAYMENTS.—Rules similar to the rules of para-
12
graphs (3), (4), and (5) of section 21(h) shall apply
13
for purposes of this section.
14
‘‘(h) TRANSFER OF CREDIT.—
15
‘‘(1) IN GENERAL.—Subject to such regulations
16
or other guidance as the Secretary determines nec-
17
essary or appropriate, if the taxpayer who acquires
18
a qualified electric bicycle is an individual and elects
19
the application of this subsection with respect to
20
such qualified electric bicycle, the credit which would
21
(but for this subsection) be allowed to such taxpayer
22
with respect to such qualified electric bicycle shall be
23
allowed to the eligible entity specified in such elec-
24
tion (and not to such taxpayer).
25
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•S 881 IS
‘‘(2) ELIGIBLE ENTITY.—For purposes of this
1
paragraph, the term ‘eligible entity’ means, with re-
2
spect to the qualified electric bicycle for which the
3
credit is allowed under subsection (a), the retailer
4
which sold such qualified electric bicycle to the tax-
5
payer and has—
6
‘‘(A) subject to paragraph (4), registered
7
with the Secretary for purposes of this para-
8
graph, at such time, and in such form and
9
manner, as the Secretary may prescribe,
10
‘‘(B) prior to the election described in
11
paragraph (1) and no later than at the time of
12
such sale, disclosed to the taxpayer purchasing
13
such qualified electric bicycle—
14
‘‘(i) the retail price,
15
‘‘(ii) the value of the credit allowed or
16
other incentive available for the purchase
17
of such qualified electric bicycle,
18
‘‘(iii) all fees associated with the pur-
19
chase of such qualified electric bicycle, and
20
‘‘(iv) the amount provided by the re-
21
tailer to such taxpayer as a condition of
22
the election described in paragraph (1),
23
‘‘(C) made payment to such taxpayer
2
[Text truncated for display. Full text available on Congress.gov.]