This bill aims to bolster domestic infant formula production by introducing two distinct tax credits within the Internal Revenue Code. These incentives are designed to encourage investment in manufacturing infrastructure and support the ongoing production of infant formula within the United States, primarily targeting smaller manufacturers to enhance the domestic supply chain. The first credit, the Domestic Infant Formula Manufacturing Investment Credit (Section 48F), offers a 30% credit for qualified investments in projects that re-equip, expand, or establish facilities for manufacturing eligible infant formula in the U.S. Taxpayers must have global revenues not exceeding $750 million in the preceding year and commit that at least 50% of the manufactured formula will be sold for U.S. use. The Secretary of the Treasury will establish a certification program, with the credit capped at $150 million per project and $750 million in total aggregate credits, subject to recapture if requirements are not met. The second credit, the Infant Formula Production Credit (Section 45BB), provides $2 per pound for eligible infant formula manufactured and sold for use in the United States. Available to qualified taxpayers (generally those with global revenues under $750 million), this credit has a maximum of 18 million pounds per year and is limited to a 5-year period. Formula produced at a facility that received the investment credit is not eligible for this production credit, ensuring distinct incentives, and both credits are transferable and eligible for elective payment.
Referred to the House Committee on Ways and Means.
Taxation
Infant Formula Made in America Act of 2025
USA119th CongressHR-2008| House
| Updated: 3/10/2025
This bill aims to bolster domestic infant formula production by introducing two distinct tax credits within the Internal Revenue Code. These incentives are designed to encourage investment in manufacturing infrastructure and support the ongoing production of infant formula within the United States, primarily targeting smaller manufacturers to enhance the domestic supply chain. The first credit, the Domestic Infant Formula Manufacturing Investment Credit (Section 48F), offers a 30% credit for qualified investments in projects that re-equip, expand, or establish facilities for manufacturing eligible infant formula in the U.S. Taxpayers must have global revenues not exceeding $750 million in the preceding year and commit that at least 50% of the manufactured formula will be sold for U.S. use. The Secretary of the Treasury will establish a certification program, with the credit capped at $150 million per project and $750 million in total aggregate credits, subject to recapture if requirements are not met. The second credit, the Infant Formula Production Credit (Section 45BB), provides $2 per pound for eligible infant formula manufactured and sold for use in the United States. Available to qualified taxpayers (generally those with global revenues under $750 million), this credit has a maximum of 18 million pounds per year and is limited to a 5-year period. Formula produced at a facility that received the investment credit is not eligible for this production credit, ensuring distinct incentives, and both credits are transferable and eligible for elective payment.