Overview
Title
To amend the Internal Revenue Code of 1986 to establish a tax credit to incentivize the purchase of American agricultural commodities.
ELI5 AI
The "Grown in America Act of 2025" is a bill that wants to give people a money reward, called a tax credit, for buying food grown on American farms to help local farmers, but it's especially helpful for big farms because they can follow the rules better than small ones.
Summary AI
The bill, H.R. 1707, titled the "Grown in America Act of 2025," aims to amend the Internal Revenue Code of 1986 to create a tax credit. This credit is designed to encourage the purchase of agricultural commodities that are produced within the United States. The bill outlines specific calculations and criteria for determining eligibility, including a focus on the ratio of domestic versus total agricultural input costs. It also includes provisions related to cooperative organizations and measures to list commodities that cannot be produced domestically.
Published
Keywords AI
Sources
Bill Statistics
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Language
Complexity
AnalysisAI
The "Grown in America Act of 2025," as proposed in H.R. 1707, introduces a tax credit aimed at encouraging businesses to buy American agricultural products. The bill seeks to amend the Internal Revenue Code of 1986 by establishing the "Domestically Produced Agriculture Credit." This credit allows companies to claim a tax benefit based on the percentage of their agricultural inputs sourced from U.S. producers, with a maximum cap of $100 million annually. However, to qualify, businesses must meet escalating thresholds of domestic sourcing over several years, starting at 50% and eventually reaching 85%. The bill also addresses special rules for cooperative organizations, permitting them to apportion credits among their members.
Significant Issues
Several issues emerge from the bill's complex structure. Firstly, the escalation of domestic sourcing requirements from 50% to 85% over a span of years could disadvantage smaller agricultural entities unable to meet these thresholds, creating an imbalance with larger producers that might more easily comply. Secondly, the $100 million cap on the credit favors larger agricultural corporations, potentially sidelining smaller farms. Additionally, rules permitting the aggregation of businesses could disadvantage small businesses, as they may be combined with larger entities, making it harder for them to qualify for the credit.
The requirement for the Secretary of Agriculture to designate a list of commodities that cannot be feasibly produced domestically lacks clear criteria, potentially leading to confusion and inconsistent application. The complexity of the credit's structure, particularly the apportionment rules for cooperative organizations, could further discourage participation due to possible administrative errors and compliance difficulties.
Impact on the Public
Broadly, the bill aims to bolster domestic agriculture by incentivizing the use of U.S.-produced commodities, which could enhance national agricultural self-sufficiency and provide a boost to the domestic farming sector. For consumers, the focus on U.S.-grown products may support local economies and possibly improve food security.
However, the complexity of the bill, particularly in terms of compliance and meeting the required thresholds, may pose challenges. Consumers could face varying impacts on food prices due to shifts in sourcing practices by agricultural businesses. Moreover, the legislation's detailed rules and increased administrative burdens might deter some companies from participation, limiting its effectiveness.
Impact on Stakeholders
Small Agricultural Entities: Small farms and businesses might find themselves at a disadvantage due to the escalating threshold requirements and credit cap favoring larger entities. If these small stakeholders are unable to meet compliance requirements or escalate domestic sourcing as required, they might miss out on the credit benefits, thus potentially widening market competition disparities.
Large Agricultural Corporations: These stakeholders are likely to benefit the most from the legislation. They typically have more resources to adjust sourcing practices to meet the changing thresholds, potentially seizing a larger share of the available tax credits.
Cooperative Organizations: While cooperatives have the opportunity to apportion credits among members, the intricacy of executing such apportionment might prove challenging, particularly for smaller cooperatives, thus offering an advantage to larger and more resourceful ones.
Government and Regulatory Bodies: The administrative load on the Secretary of Agriculture to define domestically unavailable commodities might result in increased bureaucratic complexity and resource allocation to establish and maintain the needed lists.
Overall, while the Grown in America Act of 2025 presents a structured initiative to support domestic agriculture, its intricate rules and thresholds demand careful consideration to balance benefits across varied agricultural stakeholders. This balancing act is crucial to ensuring the policy's success and widespread adoption.
Financial Assessment
The "Grown in America Act of 2025" addresses financial incentives through a tax credit aimed at encouraging the purchase of domestically produced agricultural commodities. This commentary will explore the financial elements within the bill, particularly the proposed tax credit calculations and its potential implications.
Financial Allocations and Credit Calculations
The bill introduces a tax credit, specifically designed to support and incentivize the domestic agricultural sector. The most notable financial element is the domestically produced agriculture credit, which is determined annually. This credit is capped at the lesser of two figures: the amount based on a calculation involving the taxpayer's expenses or $100,000,000. This amount establishes a significant potential credit limit, potentially benefiting substantial agricultural businesses with high operational costs.
Issues Relating to Credit Limits and Distribution
The $100,000,000 credit cap could disproportionately benefit larger agricultural corporations, as these entities often have the resources to maximize their credit under the set calculation method. In contrast, smaller farms may not be able to reach the threshold necessary to take full advantage of the credit, thus raising concerns about fairness and market balance.
Another key aspect is the escalation of applicable threshold percentages from 50% to 85% over several years, which impacts eligibility for the credit. Smaller producers, who may struggle with such rapid increases in domestic sourcing requirements, might find it difficult to meet these criteria, potentially harming their competitiveness.
Aggregation and Cooperative Organizations
The bill's aggregation rule stipulates that all entities treated as a single employer under specific tax code sections will be regarded as a single taxpayer for the purpose of the credit. This could inadvertently disadvantage smaller businesses that, when grouped with larger entities, might see their ability to qualify for the credit diminished.
Regarding cooperative organizations, the bill introduces a complex set of rules for credit apportionment among members. While this aims to allocate financial benefits equitably within cooperatives, the administrative complexity could favor larger organizations over smaller cooperatives due to their greater capacity to manage such intricacies.
Eligibility Complexity and Administrative Considerations
The necessity for the Secretary of Agriculture to define and list commodities that cannot be feasibly produced in the U.S. adds an additional layer that may need clearer criteria. This ambiguity could lead to confusion among taxpayers attempting to determine their qualification for the credit.
Moreover, the calculation of the "3-year average applicable percentage" and definitions within the bill, such as "agricultural commodity," rely on references to other legal documents, which might complicate understanding for stakeholders. This complexity in determining eligibility and credit application could increase the likelihood of misinterpretations or errors.
In summary, while the "Grown in America Act of 2025" proposes significant financial incentives through tax credits, its impact could vary widely among industry players. The financial benefits are potentially skewed towards larger entities, with smaller producers facing challenges in meeting the escalating requirements and navigating the administrative complexities. The intricacies within the bill call for careful consideration and potentially further clarification to ensure a balanced and equitable approach.
Issues
The escalation of 'applicable threshold' percentages from 50% to 85% over several years as stated in section 45BB(c)(2) may disproportionately affect smaller agricultural entities that cannot meet such rapid increases in domestic sourcing requirements, potentially creating an imbalance between large and small producers.
The maximum credit limit of $100,000,000 in section 45BB(a)(2) might favor larger agricultural corporations over smaller family-owned farms, potentially creating an imbalance and raising concerns about fairness and equity.
The aggregation rule in section 45BB(e) could potentially disadvantage smaller businesses by grouping them with larger entities, affecting their qualification for the credit, which could harm small enterprises and alter market competition.
The requirement in section 2(c) for the Secretary of Agriculture to establish a list of 'domestically unavailable agricultural commodities' could lead to potential ambiguity if the criteria for determining such commodities are not clearly defined, possibly resulting in confusion and inconsistency.
The apportionment rules for cooperative organizations in section 45BB(d) are complex and could potentially favor larger cooperative organizations over smaller ones due to the complexity in compliance and administration.
The definition of 'agricultural commodity' in section 45BB(b)(2) is complex due to referencing another legal document, which may make the determination of qualifying commodities ambiguous and challenging for taxpayers.
The term 'domestically produced agriculture credit' is not clearly defined in section 45BB(a), making it difficult to understand what specifically the credit applies to, which could lead to misinterpretation.
The calculation method for the '3-year average applicable percentage' in section 45BB(c)(3) could lead to ambiguity without clear examples of the computation, which may result in misunderstandings or calculation errors by taxpayers.
The provisions under section 45BB(d) regarding the 'apportionment of credit' among cooperative organizations and their patrons are complex and could discourage participation or lead to administrative errors due to the difficulty in understanding and implementing the rules.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The first section of the act states that the official title of the law is the "Grown in America Act of 2025".
2. Domestically produced agriculture credit Read Opens in new tab
Summary AI
The new bill introduces a Domestically Produced Agriculture Credit, which allows businesses to get a tax credit based on the domestic agricultural inputs they use. The credit is capped at $100 million and is determined by the percentage of U.S.-sourced agricultural costs relative to total agricultural input costs, but companies must meet minimum percentages of U.S. inputs that increase each year to qualify.
Money References
- “(a) In general.—For purposes of section 38, the domestically produced agriculture credit determined under this section for any taxable year is an amount equal to the lesser of— “(1)(A) the product of— “(B) 25 percent of the total agricultural input costs of such taxpayer with respect to such taxable year, multiplied by “(C) the applicable percentage of the taxpayer for the taxable year, or “(2) $100,000,000.
- “(f) Regulations.—The Secretary may prescribe such regulations and other guidance as may be necessary or appropriate to carry out this section.”. (b) Credit allowed as part of general business credit.— (1) IN GENERAL.—Section 38(b) of such Code is amended by adding at the end the following new paragraph: “(42) the domestically produced agriculture credit determined under section 45U(a).”. (2) LIMITATIONS.—Section 38(c) of such Code is amended by adding at the end the following new paragraph: “(7) SPECIAL RULES FOR DOMESTICALLY PRODUCED AGRICULTURE CREDIT.—In the case of the portion of the credit determined under subsection (a) which is attributable to the domestically produced agriculture credit determined under section 45BB— “(A) this section and section 39 shall be applied separately with respect to such credit, “(B) in applying paragraph (1) to such credit— “(i) for purposes of subparagraph (A) thereof, the tentative minimum tax shall be treated as being zero, “(ii) for purposes of subparagraph (B) thereof, such subparagraph shall be applied— “(I) by substituting ‘50 percent’ for ‘25 percent’, and “(II) by substituting ‘$0’ for ‘$25,000’, and “(iii) the limitation under paragraph (1) (as modified by clause (ii)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the domestically produced agriculture credit), and “(C) with respect to the application of section 39, subsection (a) of such section shall be applied— “(i) in paragraphs (1)(B) and (2)(B) thereof, by substituting ‘10 taxable years’ for ‘20 taxable years’ each place it appears, and “(ii) in paragraph (2)(A), by substituting ‘11 taxable years’ for ‘21 taxable years’.”. (c) Domestically unavailable agricultural commodities.—For purposes of section 45BB of such Code, the Secretary of Agriculture shall establish and maintain a list that identifies, with respect to each calendar year beginning after the date of enactment of this Act, the agricultural commodities (as defined in subsection (b)(2) of such section) that cannot feasibly be produced, grown, or raised domestically during such calendar year.
45BB. Domestically produced agriculture credit Read Opens in new tab
Summary AI
The Domestically Produced Agriculture Credit allows taxpayers to receive a credit based on a percentage of their agricultural costs within the U.S., capped at $100 million per year. Special rules apply to cooperatives, including how the credit can be shared among members, and eligibility changes based on a three-year average of domestic versus total agricultural input costs, with thresholds increasing over time.
Money References
- (a) In general.—For purposes of section 38, the domestically produced agriculture credit determined under this section for any taxable year is an amount equal to the lesser of— (1)(A) the product of— (B) 25 percent of the total agricultural input costs of such taxpayer with respect to such taxable year, multiplied by (C) the applicable percentage of the taxpayer for the taxable year, or (2) $100,000,000.