In the house bill passed last week, it goes into effect Jan 1, 2022, even if it is signed later. There is no “whichever comes later” written in the bill.
That appears to be correct even though a couple of online summaries indicated it would be the either Jan 1, 2022 or date the bill became law, whichever was later.
The text of the house bill that was passed includes the following:
e) New Qualified Plug-in Electric Drive Motor Vehicle.--For
purposes of this section--
``(1) In general.--The term `new qualified plug-in electric
drive motor vehicle' means a motor vehicle--
``(A) the original use of which commences with the
taxpayer,
``(B) which is acquired for use by the taxpayer and
not for resale,
``(C) which is made by a qualified manufacturer,
``(D) which is treated as a motor vehicle for
purposes of title II of the Clean Air Act,
``(E) which has a gross vehicle weight rating of
less than 14,000 pounds,
``(F) which is propelled to a significant extent by
an electric motor which draws electricity from a
battery which--
``(i) has a capacity of--
``(I) in the case of a vehicle
placed in service in 2022 or 2023, not
less than 7 kilowatt hours, and
``(II) in the case of a vehicle
placed in service after 2023, not less
than 10 kilowatt hours, and
``(ii) is capable of being recharged from
an external source of electricity,
``(G) for which, in the case of a vehicle placed
into service after December 31, 2026, final assembly is
within the United States, and
``(H) is not of a character subject to an allowance
for depreciation.
``(2) Motor vehicle.--The term `motor vehicle' means any
vehicle which is manufactured primarily for use on public
streets, roads, and highways (not including a vehicle operated
exclusively on a rail or rails) and which has at least 4
wheels.
``(3) Qualified manufacturer.--The term `qualified
manufacturer' means any manufacturer (within the meaning of the
regulations prescribed by the Administrator of the
Environmental Protection Agency for purposes of the
administration of title II of the Clean Air Act (42 U.S.C. 7521
et seq.) which enters into a written agreement with the
Secretary under which such manufacturer agrees--
``(A) to ensure that each vehicle manufactured by
such manufacturer after the later of the date on which
such agreement takes effect or December 31, 2021, and
that meets the requirements of subparagraphs (D), (E),
and (F) of paragraph (1) and paragraph (6) of
subsection (e) is labeled with a unique vehicle
identification number, and........"
Then in a later section of the bill it includes:
"Sec. 36C. New qualified plug-in electric drive motor vehicles.''.
(e) Effective Dates.--
(1) The amendments made by subsections (a), (c), and (d) of
this section shall apply to vehicles acquired after December
31, 2021.
(2) The amendments made by subsection (b) shall apply to
vehicles purchased or leased after December 31, 2022."
The full text of HR 5376 can be found at: