What This Bill Does
This bill creates a new tax credit (a reduction in taxes owed) for individuals who buy new electric bicycles. People can claim 30 percent of the cost of a qualified electric bicycle as a credit on their federal income taxes, up to certain limits.
##
Who It Affects
- Individual taxpayers buying new electric bicycles for personal use
- Electric bicycle retailers who sell the bikes
- Electric bicycle manufacturers who make the bikes
- U.S. territories and possessions with tax systems
##
Key Provisions
- You can claim a tax credit equal to 30 percent of the cost of each qualified electric bicycle you buy, but the credit cannot exceed 30 percent of a maximum $5,000 cost per bike (meaning the maximum credit is $1,500 per bike) (Sec. 36C(a) and (b)(1))
- You can only claim this credit for one bike per year, or two bikes per year if you file a joint return with a spouse, minus any qualified bikes you claimed credits for in the previous two years (Sec. 36C(b)(2))
- The credit starts to reduce if your income exceeds $150,000 (or $225,000 for head of household, or $300,000 for joint filers), decreasing by $100 for every $1,000 of income above those thresholds (Sec. 36C(b)(3))
- The bike must have an electric motor of less than 750 watts, must have working pedals and a seat, and must be manufactured with a unique vehicle identification number that you report on your tax return (Sec. 36C(c) and (e))
- The bike must be classified as a Class 1, Class 2, or Class 3 electric bicycle or tricycle, with speed limits ranging from 20 to 28 miles per hour depending on the class (Sec. 36C(c)(2), (3), (4))
- Retailers who sell the bikes can register to receive the credit directly at the point of sale instead of you claiming it on your taxes, as long as they disclose all pricing information to you upfront and pay you the full credit value (Sec. 36C(h))
##
What Changes
If this bill becomes law, eligible individuals can reduce their federal income taxes by claiming 30 percent of the cost of a new electric bicycle purchase (up to $1,500 per bike per year, subject to income limits). Alternatively, registered bicycle retailers can apply the credit immediately at the time of purchase, giving buyers an instant discount instead of waiting to claim it on their taxes.
##
Important Definitions
- **Class 1 electric bicycle or tricycle:** A two or three wheeled vehicle with an electric motor that provides assistance only when the rider is pedaling and stops providing assistance when the vehicle reaches 20 miles per hour (Sec. 36C(c)(2))
- **Class 2 electric bicycle or tricycle:** A two or three wheeled vehicle with an electric motor that can propel the vehicle without the rider pedaling and stops providing assistance at 20 miles per hour (Sec. 36C(c)(3))
- **Class 3 electric bicycle or tricycle:** A two or three wheeled vehicle with an electric motor that provides assistance only when the rider is pedaling and stops providing assistance at 28 miles per hour (Sec. 36C(c)(4))
- **Qualified electric bicycle:** A new bike or tricycle you buy for personal use (not to resell) that meets specific equipment requirements, costs no more than $8,000, and has been certified for safety standards (Sec. 36C(c)(1))
- **Modified adjusted gross income:** Your regular adjusted gross income increased by any income you excluded from taxes under specific tax code sections (Sec. 36C(b)(3)(C))
##
Effective Date
The law applies to property you put into service (start using) after the date the bill becomes law, for tax years ending after that date (Sec. 1(d)).
I
118TH CONGRESS
1ST SESSION H. R. 1685
To amend the Internal Revenue Code of 1986 to provide a credit for the
purchase of certain new electric bicycles.
IN THE HOUSE OF REPRESENTATIVES
MARCH 21, 2023
Mr. PANETTA (for himself, Mr. BLUMENAUER, Mr. THOMPSON of California,
and Mr. SCHIFF) introduced the following bill; which was referred to the
Committee on Ways and Means
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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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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‘‘(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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•HR 1685 IH
‘‘(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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•HR 1685 IH
‘‘(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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‘‘(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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•HR 1685 IH
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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‘‘(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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•HR 1685 IH
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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•HR 1685 IH
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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•HR 1685 IH
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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•HR 1685 IH
‘‘(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
t
[Text truncated for display. Full text available on Congress.gov.]