Quote:
Originally Posted by bavarianride
IRS already covers that:
"While the enforceability of a contract under State law is a facts-and-circumstances determination to be made under relevant State law, ...."
Since CA does not allow binding written contracts with non-refundable damage(e.g. deposit), CA taxpayers are ineligible of $7500 credit if there is no completed transaction by 8/15/2022.
I think IRS likely will ask CA taxpayers for payment in full on a VIN pre-8/16 to prove eligibility of $7500 credit. IRS may even ask CA taxpayers for DMV registrations pre-8/16.
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I believe you are incorrect.
The equal protection clause of the 14th amendment would be an argument that a benefit offered to one tax payer is impossible to collect by another tax payer with the only problem is that state law won't allow a binding contract.
Also IRS guidance after the fact is irrelevant. The guidance can be applicable moving forward but the constitution also shields us from behavior before a law or guidance.
You can't make something illegal today and prosecute someone for that behavior yesterday. The IRS is also bound by the constitution.