RickMachE
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The tax credit rules are quite clear. The device must have been put into service by 12/31/21. OP did not put it into service in 2021, it's still in the box. OP needs to get an electrician to add the circuitry. So, it's not even a question that it wasn't in service in 2021.why would it be fraud if you're using it if they audit?
While this wouldn't get noticed by the IRS probably ever, it's clearly tax fraud. Much of the tax code has requirements, and you attest that you filed a proper return. If you knowingly file a return with false information, as this would be, it's tax fraud. The fact that it may never be discovered doesn't make it not tax fraud.
If you steal $500 from your workplace, and they never notice, it's still a crime.
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