8937

Report of Organizational Actions
Affecting Basis of Securities

Form(December 2017)
Department of the Treasury
Internal Revenue ServicePart I

OMB No. 1545-0123▶ See separate instructions.

Reporting Issuer

1 Issuer's name

2 Issuer's employer identification number (EIN)

Tesla, Inc.
3 Name of contact for additional information

4 Telephone No. of contact

91-2197729
5 Email address of contact

Tesla Investor Relations(512) 516-8177
6 Number and street (or P.O. box if mail is not delivered to street address) of contact

IR@tesla.com
7 City, town, or post office, state, and ZIP code of contact

1 Tesla Road
8 Date of action

Austin, Texas 78725

08/17/2022
10 CUSIP number
88160R101

Part II
14

9 Classification and description

11 Serial number(s)Three-for-one Common Stock split
12 Ticker symbol

13 Account number(s)TSLAOrganizational Action Attach additional statements if needed. See back of form for additional questions.

Describe the organizational action and, if applicable, the date of the action or the date against which shareholders' ownership is measured forthe action ▶ Effective August 17, 2022, Tesla, Inc. authorized a three-for-one stock split of its common shares. As a result of thestock split, every stockholder of record on August 17, 2022 received two additional shares of common stock for each then-held share, tobe distributed after close of trading on August 24, 2022. After the split, and beginning with trading on August 25, 2022, each share wasworth one-third the price of a share absent of such stock split, and each shareholder had three times as many shares.

15

Describe the quantitative effect of the organizational action on the basis of the security in the hands of a U.S. taxpayer as an adjustment pershare or as a percentage of old basis ▶ The stock split will decrease the basis of each whole share of stock issued and outstanding by

two-thirds, or 2/3. To compute the new basis per share, take the old basis of each whole share and divide by three. The remaining basis willbe allocated among the two new shares, so each of the three shares has one-third of the basis of the original whole share of stock.

16

Describe the calculation of the change in basis and the data that supports the calculation, such as the market values of securities and thevaluation dates ▶ The three-for-one stock split does not change the total basis of the shares held by the shareholder.

For Paperwork Reduction Act Notice, see the separate Instructions.

Cat. No. 37752P

Form 8937 (12-2017)

Page 2Form 8937 (12-2017)

Part II
17

Organizational Action (continued)

List the applicable Internal Revenue Code section(s) and subsection(s) upon which the tax treatment is based ▶

IRC Sections 305(a), 307(a), 354, 358 and 368(a)(1)(E)18

Can any resulting loss be recognized? ▶ No loss can be recognzied by a stock split.

19Provide any other information necessary to implement the adjustment, such as the reportable tax year ▶ N/A

Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge andbelief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge.

SignHereDate ▶

Signature ▶
Print your name ▶ Joseph Gruber
Print/Type preparer's namePaidPreparer
Use Only Firm's name▶

Firm's address ▶

Preparer's signature

Title ▶
Date

Vice President, TaxCheckifself-employed

PTIN

Firm's EIN ▶
Phone no.

Send Form 8937 (including accompanying statements) to: Department of the Treasury, Internal Revenue Service, Ogden, UT 84201-0054