Audit Committee Charter

Adopted December 16, 2009

Effective on June 28, 2010

As Modified on June 1, 2011, June 6, 2012, December 12, 2017, December 28, 2021 and September 3, 2025

The purpose of the Audit Committee (the “Committee”) of the Board of Directors (the “Board”) of Tesla, Inc. (the “Company”) shall be to:

• Provide oversight of the Company’s accounting and financial reporting processes and the audit of the Company’s financial statements;

• Assist the Board in fulfilling its oversight responsibilities regarding: (i) the integrity of the Company’s financial statements; (ii) the Company’s compliance with legal and regulatory requirements; (iii) the independent auditor’s qualifications, independence and performance; (iv) the organization and performance of the Company’s internal audit function; (v) the Company’s internal accounting and financial controls; (vi) the Company’s treasury and finance matters; and (vii) the Company’s risk management, including data privacy, data security and artificial intelligence.

In furtherance of these purposes, the Committee will undertake those specific duties and responsibilities listed below and such other duties as the Board may from time to time prescribe.

The Com