I 

111TH CONGRESS 

1ST SESSION H. R. 2285 

To amend the Internal Revenue Code of 1986 to allow a business credit 

for the acquisition of fleet vehicles. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 6, 2009 

Mr. PETERS introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to allow a 

business credit for the acquisition of fleet vehicles. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Vehicle Efficiency 

5 Heightening Investment Credit to Lift our Economy Act 

6 of 2009’’. 

7 SEC. 2. CREDIT FOR FLEET VEHICLES. 

8 (a) IN GENERAL.—Subpart D of part IV of sub9 chapter A of chapter 1 of the Internal Revenue Code of 


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1 1986 is amended by inserting after section 45Q the fol2 lowing new section: 

3 ‘‘SEC. 45R. FLEET VEHICLES. 

4 ‘‘(a) ALLOWANCE OF CREDIT.— 

5 ‘‘(1) IN GENERAL.—There shall be allowed as a 

6 credit against the tax imposed by this chapter for 

7 the taxable year an amount equal to the applicable 

8 amount with respect to each fleet vehicle placed in 

9 service by the taxpayer during the taxable year. 

10 ‘‘(2) APPLICABLE AMOUNT.—For purposes of 

11 paragraph (1), the applicable amount is— 

12 ‘‘(A) $4,000 for a fleet vehicle which is— 

13 ‘‘(i) a passenger automobile that— 

14 ‘‘(I) is assembled in the United 

15 States, and 

16 ‘‘(II) has a highway label fuel 

17 economy value of 27 miles per gallon 

18 or greater but less than 30 miles per 

19 gallon, 

20 ‘‘(ii) a passenger automobile that— 

21 ‘‘(I) is assembled in North Amer22 ica, and 

23 ‘‘(II) has a highway label fuel 

24 economy value of 30 miles per gallon 

25 or greater, or 


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1 ‘‘(iii) a nonpassenger automobile 

2 that— 

3 ‘‘(I) is assembled in the United 

4 States, and 

5 ‘‘(II) has a highway label fuel 

6 economy value of 24 miles per gallon 

7 or greater, 

8 ‘‘(B) $5,000 for a fleet vehicle which is— 

9 ‘‘(i) a passenger automobile that— 

10 ‘‘(I) is assembled in the United 

11 States, and 

12 ‘‘(II) has a highway label fuel 

13 economy value of 30 miles per gallon 

14 or greater, or 

15 ‘‘(ii) a work truck that is assembled in 

16 the United States and registered by the 

17 dealer as a registered work truck, or 

18 ‘‘(C) $3,000 for a fleet vehicle which is— 

19 ‘‘(i) a nonpassenger automobile that— 

20 ‘‘(I) is assembled in North Amer21 ica, and 

22 ‘‘(II) has a highway label fuel 

23 economy value of 24 miles per gallon 

24 or greater. 


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1 ‘‘(b) LIMITATION.—Not more than 15 fleet vehicles 

2 may be taken into account under subsection (a) for a tax3 able year. 

4 ‘‘(c) DEFINITIONS.—For purposes of this section— 

5 ‘‘(1) FLEET VEHICLE.—The term ‘fleet vehicle’ 

6 means a motor vehicle— 

7 ‘‘(A) which is a passenger automobile, non8 passenger automobile, or work truck, 

9 ‘‘(B) the original use of which commences 

10 with the taxpayer, 

11 ‘‘(C) which is acquired for use or lease by 

12 the taxpayer and not for resale, 

13 ‘‘(D) which is property of a character sub14 ject to an allowance for depreciation, and 

15 ‘‘(E) which is made by a manufacturer. 

16 ‘‘(2) AUTOMOBILE; PASSENGER AUTOMOBILE; 

17 WORK TRUCK.—The terms ‘automobile’, ‘passenger 

18 automobile’, and ‘work truck’ have the meanings 

19 given such terms in section 32901(a) of title 49, 

20 United States Code. 

21 ‘‘(3) NONPASSENGER AUTOMOBILE.—The term 

22 ‘nonpassenger automobile’ means an automobile 

23 classified as a light truck under part 523 of title 49, 

24 Code of Federal Regulations, and is not a work 

25 truck. 


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1 ‘‘(4) HIGHWAY LABEL FUEL ECONOMY

2 VALUE.—The term ‘highway label fuel economy 

3 value’ means the number, expressed in miles per gal4 lon, centered directly below the words ‘Highway 

5 MPG’ on the label required to be affixed or caused 

6 to be affixed on a new automobile pursuant to sub7 part D of part 600 of title 40, Code of Federal Reg8 ulations. 

9 ‘‘(5) MOTOR VEHICLE.—The term ‘motor vehi10 cle’ means any vehicle which is manufactured pri11 marily for use on public streets, roads, and highways 

12 (not including a vehicle operated exclusively on a rail 

13 or rails) and which has at least 4 wheels. 

14 ‘‘(d) SPECIAL RULES.—For purposes of this sec15 tion— 

16 ‘‘(1) RELATED PERSON.— 

17 ‘‘(A) IN GENERAL.—The taxpayer and any 

18 person related to the taxpayer shall be treated 

19 as one person. 

20 ‘‘(B) RELATED PERSON DEFINED.—A per21 son (hereinafter in this paragraph referred to 

22 as the ‘related person’) is related to any other 

23 person if— 


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1 ‘‘(i) the related person bears a rela2 tionship to such person specified in section 

3 267(b) or section 707(b)(1), or 

4 ‘‘(ii) the related person and such per5 son are engaged in trades or business 

6 under common control (within the meaning 

7 of subsections (a) and (b) of section 52). 

8 For purposes of subparagraph (A), in applying 

9 section 267(b) or 707(b)(1), ‘10 percent’ shall 

10 be substituted for ‘50 percent’. 

11 ‘‘(2) REDUCTION IN BASIS.—For purposes of 

12 this subtitle, the basis of any property for which a 

13 credit is allowable under subsection (a) shall be re14 duced by the amount of such credit so allowed. 

15 ‘‘(3) APPLICABLE RULES.—For purposes of this 

16 section, rules similar to the rules of paragraphs (5), 

17 (6), (7), (8), and (9) of section 30B(h) shall apply. 

18 ‘‘(e) TERMINATION.—This section shall not apply to 

19 any property purchased after December 31, 2010.’’. 

20 (b) CREDIT TO BE PART OF BUSINESS CREDIT.— 

21 Section 38(b) is amended by striking ‘‘plus’’ at the end 

22 of paragraph (34), by striking the period at the end of 

23 paragraph (35) and inserting ‘‘, plus’’, and by adding at 

24 the end the following: 


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1 ‘‘(36) the fleet vehicle credit determined under 

2 section 45R(a).’’. 

3 (c) BASIS.—Section 1016(a) of such Code is amended 

4 by striking ‘‘and’’ at the end of paragraph (36), by strik5 ing the period at the end of paragraph (37) and inserting 

6 ‘‘, and’’, and by adding at the end the following new para7 graph: 

8 ‘‘(38) to the extent provided in section 

9 45R(d)(2).’’. 

10 (d) CONFORMING AMENDMENTS.—The table of sec11 tions for subpart D of part IV of subchapter A of chapter 

12 1 of such Code is amended by inserting after the item 

13 relating to section 45Q the following new item: 

‘‘Sec. 45R. Fleet vehicles.’’. 

14 (e) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply to property placed in service after 

16 December 31, 2008. 

Æ 


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