Am I missing something

[mongo]

You need the title to have a date on or before December 31, 2018, not the Bill of Sale.

"Section 1 of the Notice states, “[t]his notice also amplifies Notice 2009-54 and Notice 2009-58, 2009-30 I.R.B. 163 (relating to the plug-in electric vehicle credit under § 30) to provide that a vehicle is considered “acquired” when title to that vehicle passes under state law.” Specifically, Section 4.07 of the Notice provides that “[a] vehicle is not “acquired” before the date on which title to that vehicle passes under state law.” "

And this is only for new cars, obviously. Used don't get the tax credit.

IRC 30D Plug-In Electric Drive Motor Vehicle Credit Sales Definition Clarification | Internal Revenue Service

More info on that:
UPDATE: Tesla Has Officially Admitted To Passing 200k US Deliverie Credit Safe Until December

Of course, we will just have to wait and see how it all plays out. January TMC forums will likely see quite a few discussions about it. Get yer popcorn.

The state would view you as the owner once you pay for the car and drive off the lot. Title to the car and processing of the title paperwork are different things. If you crash the car into a state plow truck driving off the lot after purchase, are you the owner or is Tesla?

Higher level,Tesla is standing behind the Dec 31 / Jan 1 cutoff, so you are covered since their certification of credit eligibility is valid, even if they are wrong.

Nice to see they're corrected/ clarified that sales to retail dealers did not count toward the total

It is our interpretation that the quarterly sales reporting pursuant to the Notice should reflect only the sales to a party for which state title passes for the first time.

 

[MorrisonHiker]

You need the title to have a date on or before December 31, 2018, not the Bill of Sale.

"Section 1 of the Notice states, “[t]his notice also amplifies Notice 2009-54 and Notice 2009-58, 2009-30 I.R.B. 163 (relating to the plug-in electric vehicle credit under § 30) to provide that a vehicle is considered “acquired” when title to that vehicle passes under state law.” Specifically, Section 4.07 of the Notice provides that “[a] vehicle is not “acquired” before the date on which title to that vehicle passes under state law.” "

That clarification was just made to indicate that the car has to be sold to the buyer (and in their possession) by the end of the quarter to be counted in that quarter. The ownership of the car passes from Tesla to the buyer. The buyer may not have the title in their possession but they have title to the vehicle and are the owner as of the date of purchase once they take possession of the car.

@mongo beat me to it by a few seconds.