EV Rebates, CA & Federal Tax Credit Questions

[DonTom]

I picked up my Model 3 just yesterday in Rocklin, CA. It has a CA plate, but I have a Nevada driver's license, but I also have a CA REAL ID Card. I own a couple of houses in the Reno area and also this one in Auburn, CA.

I do not pay any CA income tax because I consider Reno, NV my primary residence and I do spend most of the year in Reno every year. I am registered to vote in NV, etc. And by far, most of my vehicles have a NV plate.

I just read at this link WRT the CA rebate. It says:

"Are you a California resident?"

There the answer is "yes". But NV is my primary residence.

And then it says:

"California residents must also provide a copy of a current California Driver’s license when applying for a rebate."

Well, I do NOT have a "CA driver's license". But I do have the CA Real ID.

Does that mean I do not qualify for the CA rebate? Or can I use my CA REAL ID Card in lieu of a CA driver's license?

And I take it for the 2018 Fed tax credit, that has to be done in 2019 when I do my 2018 Federal income tax, is that correct?


-Don- Auburn, CA

 

[cpa]

Don,

You seem to want to have the best of both worlds. Your information indicates that you are a Nevada resident and have a Nevada domicile. You state that you have no California source income; accordingly you pay no California income tax. Apparently you maintain a second residence in Placer County for occasional visits. So, you want a subsidy from the State of California but have no presence or ties to the state?

It is not clear why you have a California Real ID since you have a Nevada driver license.

For income tax purposes, you are NOT a California resident any more than a snowbird from Minnesota is a California resident because he spends 90 days per year in Palm Springs during winter in a home that he owns. I submit that the CVRP would align themselves with the FTB and consider you a non-resident of California.

 

[DonTom]

Don, You seem to want to have the best of both worlds.

Of course, who wouldn't?

Your information indicates that you are a Nevada resident and have a Nevada domicile. You state that you have no California source income; accordingly you pay no California income tax. Apparently you maintain a second residence in Placer County for occasional visits. So, you want a subsidy from the State of California but have no presence or ties to the state?

Sure, I gave the state of CA more than $5,000.00 in sales tax and registration fees on a clean air vehicle.

It is not clear why you have a California Real ID since you have a Nevada driver license.

There can be several reasons. For one example, I can legally buy guns in CA and leave them here when I am back in NV. I can also buy guns in NV with my NV driver's license and NV CCW to leave in NV. Very few people can legally do such things in two different states.

FWIW, we cannot have a "Real" anything from two different states, just like we cannot have a driver's license from two states. But for the CA "Real" ID , I had to prove this Auburn residence and I mentioned having a NV Driver's license. I was told at DMV that's not a problem.

For income tax purposes, you are NOT a California resident any more than a snowbird from Minnesota is a California resident because he spends 90 days per year in Palm Springs during winter in a home that he owns. I submit that the CVRP would align themselves with the FTB and consider you a non-resident of California.

For CA income tax purposes, that is true. But paying CA income tax is not a requirement for the rebate anywhere that I can find. It's a clean air vehicle in CA, registered in CA and mainly parked in CA--that should be good enough, IMO.

But of course, it's not my opinion that counts.

I would like to know who to contact who could tell me for certain.

-Don- Auburn, CA

 

[DonTom]

As I expected, a CA Driver's license is NOT required for the CA rebate.

I can do everything CA requires for my CA rebate:


"For individuals, a legible copy of their current (not expired) California driver’s license.

• Individuals who do not have a California driver’s license will be required to provide a legible copy of a current alternate unique identifier as approved by the Administrator. They must also provide proof of California residency in the form of a utility or cable bill within the last 3 months, a copy of the current DMV registration of another vehicle in the name of the purchaser or lessee, a signed, dated, and notarized residential rental agreement, or other valid form of California residency as approved by CARB."

-Don- Reno, NV

 

[cpa]

Don, I am not convinced that you have "done everything California requires for my California rebate."

You appear not to have read the governing document, the CVRP Implementation Manual. I reference it below:

https://cleanvehiclerebate.org/site...cvrp/documents/CVRP-Implementation-Manual.pdf

On page 15 in Section C 1.i.i., it clearly states, "Consumers must be California residents at the time of vehicle purchase."

Submitting a utility bill or those other documents are suggestive but not conclusive evidence of residency. But you have rationalized the fact that you are entitled to these funds for whatever reason.

And CARB needs to take a few courses on fraud.

 

[DonTom]

I have been trough all that already with my CA Real ID.

To the State of CA, I am a CA resident for all purposes except CA income tax because of the federal laws that control such, when more than one state is involved.

I pay property taxes and such, for my own CA residence, unlike a visitor.

To the State of NV, I am a Nevada resident.

To the Feds, I am a NV resident. As this is my primary residence.

If I rented out my CA resident, then I would not be considered a CA resident to the state of CA, regardless of paying property taxes.

It can get a bit more complicated in some situations, such as if I only rented my CA place for six months per year and lived in it the rest of the time, but none of those things apply in my case.

For fraud, the act is LEGAL when done without intent. Fraud requires both, intent and the act. No intent to commit fraud here. I just want to go by the law--and take full advantage of what is legal.

-Don- Reno, NV