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Tracking P85D delivery thread

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BTW: I'll take the $20 bet:wink:. Your D will arrive before or at the same time as mine in Devon!

Just spoke to our DS, he is still uncertain if the car will make it before the end of the year and has no details either way. I did mention that at least one other person is taking delivery in Devon around the last couple of days of the year and that I was hoping I'd be on the same truck. He hopes so as well but can't confirm either way. He did say that "we have some options" as far as the 2014 tax situation goes, and they would involve doing my trade in and such before the end of the year if needed, which I guess I could make work... my fiance will just be driving an ICE while I wait because I'll just steal her Model S for the meantime. lol.
 
Just a quick note to say I got the call from my DS offering the "Performance Seats" for now and switching out to the "Next Gen Seats" at a later time when they come in. I accepted. I was told all the same information as has been posted here about delays in getting the "Next Gen Seats", etc. No delivery date set yet.
 
There's most definitely an option; I posted it upthread after speaking to a factory delivery center rep:

Tracking P85D delivery thread - Page 215

That seems like a bogus solution for the federal tax credit (not sure about state incentives). I've posted before that you have to put the vehicle in service. Links further back in this thread and others.

If you did something like they're suggesting and then got audited you may be on the hook for paying back that refund and interest and penalties. If you could have taken it in 2015 and you get audited you might get lucky and the auditor might ignore it. But if it's clear that you wouldn't have had the tax liability in 2015 then you'll have created a world of hurt for yourself. Trust me you don't want to be paying the IRS interest and penalties.

If you're thinking about going this route, I'd strongly encourage you to talk with a professional tax advisor.
 
That seems like a bogus solution for the federal tax credit (not sure about state incentives). I've posted before that you have to put the vehicle in service. Links further back in this thread and others.

If you did something like they're suggesting and then got audited you may be on the hook for paying back that refund and interest and penalties. If you could have taken it in 2015 and you get audited you might get lucky and the auditor might ignore it. But if it's clear that you wouldn't have had the tax liability in 2015 then you'll have created a world of hurt for yourself. Trust me you don't want to be paying the IRS interest and penalties.

If you're thinking about going this route, I'd strongly encourage you to talk with a professional tax advisor.


How would an auditor even "see" it's in service?
 
There is a pretty good thread on the official forums from someone who also has received his P85D. He is reporting that his energy consumption is significantly higher that his P85 under identical conditions. He says the he is using 28 rated miles in a 15 mile commute while driving conservatively in "sport" mode vice "insane." Interesting data point.
 
How would an auditor even "see" it's in service?

Delivery documents. It's pretty public that there are delays and if you're unfortunate enough to get audited it might be a problem. BTW, here's the IRS confirmation:

The vehicles must be acquired for use or lease and not for resale. Additionally, the original use of the vehicle must commence with the taxpayer and the vehicle must be used predominantly in the United States. For purposes of the 30D credit, a vehicle is not considered acquired prior to the time when title to the vehicle passes to the taxpayer under state law.

And if there's any doubt, take a look at the claim form which recquires on line 3:

Enter date vehicle was placed in service (MM/DD/YYYY)

And advises on page 3 of the explanatory notes:

The following requirements must be met to qualify forthe credit:
• You placed the vehicle in service during your tax year;
 
Delivery documents. It's pretty public that there are delays and if you're unfortunate enough to get audited it might be a problem. BTW, here's the IRS confirmation:



And if there's any doubt, take a look at the claim form which recquires on line 3:



And advises on page 3 of the explanatory notes:

It would appear to me the only 'wiggle room' (not an auditor's term I can assure you) is if you have paid for the vehicle and TM has titled (even temporary Cali title for out of state people) it in your name before midnight Dec 31st.
 
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Model S
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Production Complete
Your Model S is being prepared for pickup or delivery.



Status just changed. I'll update the spreadsheet.
 
So, I transfer the title to me before the 31st which satisfies the terms of the IRS, and then immediately let Tesla take it for servicing. I don't see any legal issue with this since they specifically say it is acquired when the title is legally transferred.
 
Delivery documents. It's pretty public that there are delays and if you're unfortunate enough to get audited it might be a problem. BTW, here's the IRS confirmation:



And if there's any doubt, take a look at the claim form which recquires on line 3:



And advises on page 3 of the explanatory notes:

Under his plan, he would get the title in 2014, just not the car

- - - Updated - - -

Well for a start they could just ask you. You really don't want to lie to an auditor. Hint: Lying to a Federal Agent is a crime.

But beyond that they could look at when you insured the vehicle, registration paperwork was filed, ask your neighbors, ask Tesla when they delivered the car, etc...

LMAO @ asking the neighbors.

In service date seems to be open to interpretation. Granted it likely varies by state, but in my state, there's no reason they could not get it registered in 2014 without the state actually seeing the car, it's just paperwork.
 
So, I transfer the title to me before the 31st which satisfies the terms of the IRS, and then immediately let Tesla take it for servicing. I don't see any legal issue with this since they specifically say it is acquired when the title is legally transferred.

I posted on this about 2 weeks back in this thread:
Tracking P85D delivery thread - Page 111

If you sign the paperwork to accept delivery while the car is still in California sometime in 2014, but then don't ultimately receive it before 2015 and thusly don't drive the car until 2015, I think you would lose if the IRS noticed. Title passing isn't even mentioned in the actual tax code, that's only mentioned in the IRS bulletin and I believe that was intended to stop people from trying to claim putting vehicles in service that they didn't own.

You might get away with it if Tesla let you drive it around the block and then you dropped it at the service center. If that happened in California that would trigger sales taxes that would be higher than the tax credit you're trying to preserve. Otherwise Tesla would have to ship the car to wherever you were going to receive it and then complete whatever remedial work happened after. Which I have no idea if they are willing or able to do this. But even that feels a tad stretched, since I'm not sure that driving it around the block really qualifies as putting it into service.

Personally, I wouldn't play games here. I'd take the credit in the year you actually receive delivery. I'm sorry that doesn't help you.

- - - Updated - - -

Under his plan, he would get the title in 2014, just not the car

Doesn't help.

LMAO @ asking the neighbors.

This is a common tactic for the IRS. You may think it's funny but they really do this.

In service date seems to be open to interpretation. Granted it likely varies by state, but in my state, there's no reason they could not get it registered in 2014 without the state actually seeing the car, it's just paperwork.

You might be able to insure and register the car without actually having it. But quite frankly if you're going to the effort to fabricate evidence by insuring and registering a car you don't have yet I think you're clearly breaking the law. Sure doing those things means the IRS is less likely to notice. But it also means if they do notice, they're going to use what you did as evidence that you knew what you were doing is wrong.

I don't see what's so ambiguous about this:
There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of the credit amounts determined under subsection (b) with respect to each new qualified plug-in electric drive motor vehicle placed in service by the taxpayer during the taxable year.