r/tax • u/Nervous_Current5688 • 2h ago
Dealership refusing to submit forms
My husband purchased a used Tesla from United Auto Group before the September 30 deadline. The purchase price was under $25,000, and the salesperson told us we would be eligible for the $4,000 Previously Owned Clean Vehicle Credit. The salesperson told my husband that we could file for the credit during tax season since he wasn't taking the credit off the sales price.
When it came time to file our taxes, I called the dealership to confirm that the required IRS Time-of-Sale Report had been submitted. I was transferred to the finance department, where I was told they do not complete that form and that they didn't know what the form was. Instead, they emailed me the bill of sale and assured me that it would be sufficient for the IRS.
Our tax return was accepted, but the IRS disallowed the $4,000 credit because the required seller report was not on file.
I called the dealership again, and the finance guy confirmed that the credit was not taken from the sales price and that he was going to speak with the finance manager. I was told the finance manager would speak with the general manager and call me the next morning.
After two days with no response, I called back. This time I was told that perhaps the credit had been denied because we exceeded the income limits, which is not the case. I asked to speak with the manager directly. When he called, he stated that submitting the Time-of-Sale Report was not the dealership’s responsibility and that because they are an independent dealership, they do not complete those reports.
From my reading of IRC 25E and the IRS guidance, it appears that dealers selling vehicles eligible for the Previously Owned Clean Vehicle Credit are required to submit a Time-of-Sale Report through the IRS Energy Credits Online system. I also understand that dealers may still be able to submit late reports for IRS review.
At this point, the dealership is refusing to submit the report, and we’ve effectively lost a $4,000 tax credit.
Has anyone dealt with this before? Am I misunderstanding the dealer’s obligations, or is there another avenue I should pursue (IRS, New Mexico MVD, Attorney General, etc.)? Any advice would be greatly appreciated.