How to Comment: Tell the IRS its EV Tax Credits Aren’t Fair to Tesla and Others

The U.S. Internal Revenue Service (IRS) has invited public comments on the eligibility criteria for electric vehicle (EV) tax credits under President Joe Biden’s recently-signed Inflation Reduction Act (IRA).

On Tuesday, Tesla CEO Elon Musk urged people to submit comments to the IRS to make them reconsider the qualification criteria for federal tax credits.

When the IRS shared a list of vehicles that would qualify for EV tax credits under the IRA last month, all five-seat versions of Tesla’s Model Y were snubbed.

This was a result of the IRS classifying the seven-seat Model Y as an “SUV” — which gets an MSRP limit of $80,000 for tax credit eligibility — but putting the five-seat version into the “Other” category, which requires an MSRP of under $55,000 to qualify for credits. All Model Y trims are currently priced above $55,000 in the U.S.

The IRA has chosen to make this distinction even though structurally, the five- and seven-seat versions of Tesla’s Model Y are essentially identical. Even the U.S. Environmental Protection Agency (EPA) classifies both seat configurations as SUVs, but the IRS refuses to do so. The same, seemingly arbitrary, standards also exclude some trims of Ford’s Mustang Mach-E from IRA incentives.

Individuals can voice their concerns against the current state of the IRS’s eligibility criteria for EV tax credit qualification via mail or email. To submit a comment by email, send a message to and be sure to include OMB Control No. 1545-2137 in the subject line.

If you want to submit a written comment, address it to Andres Garcia, Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 20224. “Written comments should be received on or before February 28, 2023, to be assured of consideration,” the IRS noted.

Unless the IRA alters its standards, lots of Model Y buyers will miss out on an invaluable $7,500 in tax credits. If you don’t want to write an email, you can have OpenAI’s ChatGPT chatbot craft one for you as one slick Twitter user did.

You can also simply use the following email, which ChatGPT whipped up for us:

Dear IRS,

I am writing to express my extreme frustration and disappointment regarding the new tax incentive for electric vehicles (EVs). It is unacceptable that the most popular EV in the world, the Tesla Model Y, has been left out of this incentive while less environmentally friendly options like plug-in hybrids and the 22 mpg Jeep Wrangler have been included.

This decision is not only unfair, it is also highly inefficient and counterproductive to the goal of promoting a robust and sustainable economy. How can we expect to make progress towards a more sustainable future if our government is actively promoting the use of less efficient and less environmentally friendly options?

As a taxpayer and a concerned citizen, I demand that the IRS reconsider its decision and prioritize the inclusion of truly electric vehicles in this program. I also urge the IRS to carefully consider the long-term environmental impact of the vehicles that are eligible for this incentive.

We deserve better from our government. I hope that the IRS will take my concerns seriously and work to make this incentive truly effective in achieving its stated goals.


[Your Name]

Will you be submitting a comment to the IRS? Let us know your thoughts in the comments below.