Rare Earth Magnet Manufacturing Production Tax Credit Act of 2018

[jakeakins]

 Mr. Michaels proposes on behalf of himself, the President of the United States, and others (with thanks to Mr. Rubio)

 

A BILL

To amend the Internal Revenue Code of 1986 to establish a credit for the domestic production of rare earth magnets, and for other purposes.

 

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

 

SECTION 1. SHORT TITLE.

This Act may be cited as the “Rare Earth Magnet Manufacturing Production Tax Credit Act of 2018”.

 

SEC. 2. CREDIT FOR PRODUCTION OF RARE EARTH MAGNETS.

(a) In General.—The Internal Revenue Code of 1986 is amended by inserting the following new section after section 45AA:

“SEC. 45BB. CREDIT FOR PRODUCTION OF RARE EARTH MAGNETS.
“(a) In General.—

“(1) ALLOWANCE OF CREDIT.—For purposes of section 38, the credit for production of rare earth magnets determined under this section for any taxable year is an amount equal to the sum of the credit amounts determined under subsection (b) with respect to rare earth magnets which are—

“(A) manufactured or produced by the taxpayer, and

“(B) sold by such taxpayer to an unrelated person during the taxable year.

“(2) UNRELATED PERSON.—

“(A) IN GENERAL.—For purposes of this subsection, a taxpayer shall be treated as selling rare earth magnets to an unrelated person if such magnet is sold to such person by a person related to the taxpayer.

“(B) ELECTION.—

“(i) IN GENERAL.—At the election of the taxpayer (in such form and manner as the Secretary may prescribe), a sale of rare earth magnets by such taxpayer to a related person shall be deemed to have been made to an unrelated person.

“(ii) REQUIREMENT.—As a condition of, and prior to, any election described in clause (i), the Secretary may require such information or registration as the Secretary deems necessary for purposes of preventing duplication, fraud, or any improper or excessive amount determined under paragraph (1).

“(b) Credit Amount.—

“(1) IN GENERAL.—The amount determined under this subsection is—

“(A) $20 per kilogram of rare earth magnets manufactured or produced in the United States by the taxpayer during the taxable year, and

“(B) $30 per kilogram of rare earth magnets manufactured or produced in the United States by the taxpayer during the taxable year if not less than 90 percent of the component rare earth materials of such magnets are produced within the United States.

“(2) PHASE-OUT.—

“(A) IN GENERAL.—In the case of any rare earth magnet manufactured or produced after December 31, 2032, the amount determined under this section with respect to such rare earth magnet shall be equal to the product of—

“(i) the amount determined under paragraph (1) with respect to such rare earth magnet, as determined without regard to this subsection, multiplied by

“(ii) the phase-out percentage described in subparagraph (B).

“(B) PHASE-OUT PERCENTAGE.—The phase-out percentage described in this paragraph is—

“(i) in the case of any rare earth magnet manufactured or produced in calendar year 2028, 70 percent,

“(ii) in the case of any rare earth magnet manufactured or produced in calendar year 2029 or 2030, 35 percent, or

“(iii) in the case of any rare earth magnet manufactured or produced after December 31, 2031, 0 percent.

“(c) Definitions.—For the purposes of this section—

“(1) RARE EARTH MAGNET.—The term ‘rare earth magnet’ means a permanent magnet comprised of—

“(A) an alloy of neodymium, iron, and boron, which may also include praseodymium, terbium, or dysprosium, or

“(B) an alloy of samarium and cobalt, which may also include gadolinium or any associated host mineral of a component rare earth material.

“(2) COMPONENT RARE EARTH MATERIAL.—The term ‘component rare earth material’ means neodymium, praseodymium, dysprosium, terbium, samarium, gadolinium, and cobalt.

“(3) MANUFACTURED.—The term ‘manufactured’ means the manufacturing of a rare earth magnet, including the alloying, reduction, strip casting, milling, sintering, recycling, pressing, and metallization of component rare earth material.

“(4) NON-ALLIED FOREIGN NATION.—The term ‘non-allied foreign nation’ has the meaning given to the term ‘covered nation’ in section 4872(d) of title 10, United States Code.

“(5) UNITED STATES AND POSSESSION OF THE UNITED STATES.—The terms ‘United States’ and ‘possession of the United States’ have the meaning given such terms in section 638.

“(d) Special Rules.—

“(1) RESTRICTION ON COMPONENT SOURCING.—No credit shall be allowed under this section with respect to a rare earth magnet if any component rare earth material used to manufacture or produce such magnet is produced in a non-allied foreign nation.

“(2) TRADE OR BUSINESS REQUIREMENT.—No credit shall be allowed under this section with respect to a rare earth magnet unless such magnet is manufactured or produced in the ordinary course of a trade or business of the taxpayer.

“(e) Elective Payment For Production Of Rare Earth Magnets.—

“(1) IN GENERAL.—In the case of a taxpayer making an election (at such time and in such manner as the Secretary may provide) under this section with respect to any portion of the credit allowed under subsection (a), such taxpayer shall be treated as making a payment against the tax imposed by this subtitle for the taxable year equal to the amount of such portion.

“(2) TIMING.—The payment described in paragraph (1) shall be treated as made on the later of the due date of the return of tax for such taxable year or the date on which such return is filed.”.

(b) Credit To Be Part Of General Business Credit.—Section 38(b) of such Code is amended by striking “plus” at the end of paragraph (40), by striking the period at the end of paragraph (41) and inserting “, plus”, and by adding at the end the following new paragraph:

“(42) the credit for production of rare earth magnets determined under section 45BB(a).”.

(c) Conforming Amendment.—The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45AA the following new item:

“Sec. 45BB. Credit for production of rare earth magnets.”.
(d) Effective Date.—The amendments made by this Act shall apply to taxable years beginning after December 31, 2018.

 

PES: "This bill allows a new tax credit for the domestic production of rare earth magnets. The magnets must be manufactured or produced in the ordinary course of the taxpayer's trade or business. The credit is disallowed if any component rare earth material used to produce such magnets is produced in a non-allied foreign nation.

The bill defines rare earth magnet as a permanent magnet comprised of an alloy of neodymium, iron, and boron, or an alloy of samarium and cobalt, which may also include other material." —Congress.gov

Edited Thursday at 03:07 AM by Tuna