Fisker and the New EV Tax Credit Guidance

Fisker Ocean Manufacturing Assembly Plant

Updated guidelines for the EV tax credit, with a focus on EV batteries, will help Fisker in its supply chain and production planning.

Today, the IRS released updated guidelines on the qualification of the EV tax credit. The new guidance focuses squarely on EV batteries in order to qualify for the full $7,500 EV tax credit. This has been a much-awaited development in the EV industry, including EV manufacturer Fisker. The updated guidelines will assist Fisker in planning its supply chain and production going forward.

Magna Assembly Line with Fisker Ocean SUVs
Magna Steyr assembly line in Graz, Austria.

Manufacturers still need to perform the final assembly of EVs in North America. However, the new guidelines have added “and/or” requirements for sourcing critical minerals and battery components. EVs must meet sourcing requirements for critical minerals and battery components to qualify for the full $7,500 credit. If an EV meets only one requirement, it is eligible for a $3,750 credit.

Critical minerals must be either extracted or processed in the United States. Alternatively, they can be sourced from any country with which the United States has a free trade agreement. Another option is for the minerals to be recycled in North America. The percentage of critical materials starts at 40% in 2023 and increases by 10% annually until it reaches 80% in 2027. The battery components portion requires 50% of the parts to be manufactured or assembled in North America in 2023. This percentage increases by 10% each year and reaches 100% by 2029.

Effective Date and Eligible EVs

The new rules will apply to EVs placed in service on or after April 18th, 2023. They will be subject to the critical mineral and battery component requirements outlined in the guidelines. A list of eligible EVs that meet the new guidelines will be available when the rules go into effect. At this time, we shouldn’t expect the Fisker Ocean to appear on the list. However, Fisker customers with a written binding contract from August 2022 should speak to their Tax Professional about IRS guidance on new EVs purchased in 2022 or before.

Fisker’s Next Steps

Currently, Fisker is manufacturing the Ocean electric SUV in Graz, Austria with Magna Steyr. Although, Fisker has expressed its consideration of US production of the Fisker Ocean. This was due to strong demand and changes to the EV tax credit. On the other hand, Foxconn will produce Fisker’s PEAR in Lordstown, Ohio. Fisker has yet to share details regarding the sourcing of critical minerals and battery component for the Fisker PEAR. However, Fisker does have a partnership for the Fisker Ocean with CATL, the world’s largest EV battery manufacturer. The updated guidelines from the US Treasury Department should prompt Fisker to release details regarding its North American supply chain, manufacturing, and assembly plans.

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4 thoughts on “Fisker and the New EV Tax Credit Guidance

  1. I’d like to know if anyone has received tax advice regarding vehicles ordered before August. I do think it would be reasonable to expect Fisker to assist, afterall lack of clarity may lead to multiple cancellations.

    1. The IRS has published details for consumers that pre-ordered an EV with a binding contract. Read everything on the page, especially the section about binding contracts and about taking delivery in 2023 (link below). The IRS states, “If you entered a written binding contract to buy a vehicle after December 31, 2021, and before August 16, 2022, but took delivery on or after August 16, 2022, you may elect to claim the credit based on the prior rules. To elect the credit under the prior rules you must elect the credit on your 2022 tax return after you take delivery of the vehicle. Depending on the date the vehicle is delivered, you can claim the credit on your original, superseding, or amended 2022 tax return. If you purchased a vehicle between August 16, 2022 and December 31, 2022 but don’t take delivery of the vehicle until 2023, see Credit for New Clean Vehicles Purchased in 2023 and After.”

  2. The lack of direct information from Fisker to its reservation holders most likely means that the Ocean vehicles do not qualify for the tax credit. As things look, only a handful of US customers would take delivery in 2023. I wish Sean and the Fisker folks would be more open about this instead of hiding behind IRS legalese.

What are your thoughts?