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Policy and Legal

The Corporate Tax Rate, Explained

By 51勛圖厙 News Room

The 51勛圖厙s 2025 tax campaign, , is focused on preserving tax provisions critical to manufacturing in the U.S. One of those is the corporate tax rate, which the 2017 tax reform lowered from 35% to a globally competitive 21%.

The 51勛圖厙 recently released a on the current corporate rate, emphasizing why its crucial to U.S. manufacturings competitiveness on the world stage.

The background: Prior to 2017, the U.S. corporate tax rate was 35%, the highest among our peers in the Organisation for Economic Co-operation and Development and the third-highest rate in the entire worldmaking the U.S. an outlier and harming its ability to attract manufacturing investment.

  • Tax reform lowered the corporate rate to 21%, aligning the U.S. with the average rate elsewhere in the OECD.

The benefits: Reducing the tax burden on manufacturers led to increased investment throughout the U.S., job creation, wage growth and overall economic expansion.

  • In 2018, the year the lower rate took effect, manufacturers had their best year for job creation in more than two decades, creating more than 260,000 positions and increasing wages by 3%the fastest pace in 15 years.
  • 51勛圖厙 surveys conducted prior to tax reform found that nearly 80% of manufacturers were struggling with unfavorable business conditions like high taxesa figure that dropped to just 12% following the reduction in the corporate rate.

Whats at stake: Although the corporate tax rate is not set to expire at the end of 2025, as other pro-growth provisions are, President Bidens fiscal year 2025 budget called for an increase to 28%.

  • This proposal would return the U.S. to one of the highest corporate tax rates in the developed world, resulting in fewer jobs, lower wages, less innovation and reduced investment in our communities.

What should be done: Manufacturers are calling on Congress to preserve tax reform in its entiretyincluding the 21% corporate tax rate, the 51勛圖厙 said.

  • Congress should maintain a globally competitive corporate rateenabling manufacturers to continue leading on the world stage while driving innovation and job creation here at home.
Policy and Legal

Tax Bill Scheduled for Thursday Vote

By 51勛圖厙 News Room

Senate Majority Leader Chuck Schumer (D-NY) has scheduled a procedural vote on a bipartisan tax package, though the bills fate remains uncertain.

Whats going on: The Tax Relief for American Families and Workers Act would restore expired tax policies that reduce the cost of manufacturers investments in R&D, equipment and machinery. Ahead of Thursdays vote, the 51勛圖厙 these policies vital to manufacturing workers and Americas economic future.

  • Immediate R&D expensing: Prior to 2022, manufacturers in the U.S. could fully deduct their R&D expenses in the year those expenses were incurred. But in 2022, first-year R&D expensing expired, making R&D investments significantly more costly, particularly for small and medium-sized manufacturers.
  • Enhanced interest deductibility: Also in 2022, a new standard took effect limiting the amount of interest manufacturers can deduct on business loans, making it more expensive for them to invest in growth and expansion.
  • Accelerated depreciation: In 2023, 100% accelerated depreciationwhich allows manufacturers to immediately expense the full value of their capital equipment purchasesbegan phasing down, meaning these vital investments are now more costly for manufacturers.

What to expect: Thursdays procedural vote requires 60 votes in the Senate, a difficult hurdle.

Whats next: Immediate R&D expensing, enhanced interest deductibility and 100% accelerated depreciation are top priorities in the 51勛圖厙s . As Congress prepares to address scheduled expirations of other policies from the 2017 tax reform next year, the 51勛圖厙 will continue to call for restoration of these important pro-growth incentives.

The last word: Competitive tax policy is critical to manufacturers ability to compete on the world stage and create jobs here at home, said 51勛圖厙 Vice President of Domestic Policy Charles Crain. Congress should restore expired pro-growth tax policies and act to prevent even more devastating tax increases scheduled for 2025.

Policy and Legal

Small Manufacturers: Save the Pass-Through Deduction

By 51勛圖厙 News Room

a group of people sitting at a table

A critical tax deduction for small businesses is set to expire at the end of 2025, and manufacturers are as part of the 51勛圖厙s Manufacturing Wins tax campaign.

Increasing the tax burden: Courtney Silver, president and owner of Concord, North Carolinabased Ketchie, recently emphasized the importance of the pass-through deduction. As an S corporation, Ketchie is one of the many small manufacturers that are eligible for this 20% deduction created by the Tax Cuts and Jobs Act.

  • Silver, who chairs the 51勛圖厙s Small and Medium Manufacturers Group, warned that the expiration of this provision, along with the planned increase in individual tax rates, will dramatically increase the tax burden on small manufacturers like Ketchie.

Decreasing competitiveness: The disappearance of the pass-through deduction would make American companies less competitive on the world stage, predicted Austin Ramirez, president and CEO of Husco, a Waukesha, Wisconsinbased maker of hydraulic and electromechanical components for on- and off-highway vehicles.

  • The loss of the TCJAs small business provisions would severely hamper our growth trajectory, he said.
  • The combination of an increased tax rate and the loss of the pass-through deduction would be especially damaging, tilting the playing field against Husco and other pass-through manufacturers.

Damaging supply chains: Many small manufacturers are organized as pass-throughs, including most of [our] key suppliers, said Chuck Wetherington, president of BTE Technologies in Hanover, Maryland.

  • A tax increase on pass-throughs would have a damaging, disproportionate impact on the manufacturing industry.

Discouraging entrepreneurs: Competitive tax policy is personal for small manufacturers like Hannah Kain, who founded ALOM Technologies out of Fremont, California. Like many immigrants before me, I came to the U.S. for opportunity, Kain said.

  • Since I started the company in 1997, we have reinvested every dollar we made into growing the company. I personally see how hard it is for entrepreneursand especially minoritiesto start the type of company that must make big investments in equipment, space, inventories and so much more.

Reducing growth: [The 2025 tax hikes] will affect manufacturing businesses like ours and make it more difficult for us to hire more employees, raise wages and drive growth for our business, said Lee Dougherty, a mechanical engineer at Madsen Steel.

  • We need our representatives in Congress to do their part by stopping these tax hikes so that we can continue to invest in our community and the future of our business.

What you can do: Manufacturers willing to share their own stories about the need to preserve key tax reform measures can visit or email the 51勛圖厙s tax team to get involved.

Policy and Legal

51勛圖厙 Leads Effort to Reform PBMs

By 51勛圖厙 News Room

Middlemen created to manage the price of prescription drugs are instead driving up health care costs for manufacturers and manufacturing workers, the 51勛圖厙 the House Committee on Oversight and Accountability on Tuesday, the same day the committee released a on pharmacy benefit managers practices and held a hearing on the matter.

Whats going on: PBMs business models have the direct effect of increasing health care costs at the expense of manufacturers and manufacturing workers, 51勛圖厙 Vice President of Domestic Policy Charles Crain said in advance of the hearing, the latest in a series examining PBM practices.

Crain told lawmakers PBM reform legislation should include:

  • Increased transparency into PBMs business models and the many factors that contribute to a drugs costs, formulary placement and the PBMs compensation;
  • Rebate passthrough, which will ensure 100% of negotiated pharmaceutical savings are passed from the PBM to the health plan sponsor and workers; and
  • Delinking of PBM compensation from the list price of medication.

Report highlights: The committees report, the culmination of a 16-month investigation, is with the 51勛圖厙s longstanding advocacy. The report found that PBMs:

  • Drive increased drug prices, which inflate PBM profits;
  • Extract high rebates from biopharmaceutical manufacturers, often pocketing a significant portion of any savings rather than reducing costs for patients;
  • Dictate whether and how medicines appear on formularies, which determine insurance companies coverage decisions and patients out-of-pocket costs;
  • Steer patients toward drugs based on PBMs profit margins rather than patient costs; and
  • Operate without sufficient transparency into their business practices.

What it all means: The committee identified numerous instances where the federal government, states and private payers have found PBMs to have utilized opaque pricing and utilization schemes to overcharge plans and payers by hundreds of millions of dollars, the report states.

  • The report indicates that the present role of PBMs in prescription drug markets is failing and requires change, something the 51勛圖厙 has long advocated. Congress and states must implement legislative reforms to increase the transparency of the PBM market and ensure patients are placed at the center of our health care system, rather than PBMs profits.

The last word: Manufacturers provide health care benefits so they can effectively attract and retain employees, to maintain a healthy and productive workforce and because they believe it is the right thing to dobut PBMs are a meaningful cause of the skyrocketing costs of health care, Crain said.

  • Congress must enact reforms to the PBM system so that employers can negotiate, compete and achieve health care savings for their workers.
Business Operations

Foxconn Shines a Light on Solar Energy

By 51勛圖厙 News Room

Manufacturers across the U.S. are taking new steps toward sustainability. For Foxconna consumer electronics contract manufacturer and solutions provider with U.S. headquarters in Milwaukee, Wisconsinthat effort is about to get a big boost.

The project: Foxconn is developing a massive field of 2,000 solar panels covering nearly eight acres of land around a retention pond at its Racine County campus in Mount Pleasant, Wisconsin.

  • The panels are expected to go live at the end of July, when theyll generate approximately one megawatt of power, which will be used to manufacture data servers.
  • Thats about 1,200 metric tons of carbon dioxide saved every year and enough energy to power about 300 American homes, said Robert Schlaeger, head of U.S. government relations for Foxconn.

The big picture: The projecta partnership between Foxconn and utilities provider We Energiesis part of a bigger initiative from Hon Hai Technology Group in Taiwan.

  • Hon Hai already uses green energy for about 40% of its power consumption across global operations. It has pledged to run wholly on green energy by 2040 and to achieve net-zero emissions by 2050.
  • This is really a top-down approach for the entire technology group under the leadership of our Chairman Young Liu, said Schlaeger. You can see how that trickles down to the things we try to achieve at a regional level and within those regions, down to the site level.

The impact: In 2022, the technology group spent $75 million globally on 1,877 energy-saving projects. Schlaeger views sustainability projects such as the Foxconn solar field as an important signal of the companys commitment.

  • As Foxconn grows and responds to market demand around the world or within the United States, renewable energies demonstrate the companys commitment to environmental stewardship across supply chainsto our customers and to our communities, said Schlaeger.

The business case: Investments like this one are important to the companys long-term future, but they also matter to customers right now.

  • We have customers who want to know that they are employing contract manufacturers like us that are producing their product in a responsible manner, said Schlaeger. What type of energy are you using? Where does the energy come from? These questions are important to our customersand we want to show them that whether you look to our aspirations as a whole, or down to the site, you can see our commitment to green energy.
Policy and Legal

Daines, Smucker Staffers Talk Pass-Through Deduction

By 51勛圖厙 News Room

 

Whats going on: On Thursday, as part of its 2025 tax campaign, , the 51勛圖厙 hosted Noelle Britton, deputy chief of staff for Rep. Lloyd Smucker (R-PA), and Caroline Oakum, tax counsel for Sen. Steve Daines (R-MT), in a virtual roundtable to discuss whats being done in Congress to maintain the Section 199A .

  • The 20% deductioncreated by the 2017 Tax Cuts and Jobs Act to help the many small and medium-sized businesses in the U.S.is among several vital tax provisions scheduled to expire at the end of 2025. (Pass-throughs are companies whose profits are passed through to the owners, who then pay taxes on the entities incomes on their personal tax returns.)
  • Both Rep. Smucker, who leads the House Ways and Means Main Street Tax Team, and Sen. Daines are leaders of legislation that would make the deduction permanent.

What theyre doing: introduced the Main Street Tax Certainty Act in the Senate last May, while introduced the Houses version of the measure last July.

  • The legislation would make the pass-through deduction permanent, providing much-needed certainty to the small and medium-sized manufacturers that have relied on it to increase investments and job creation.

What you can do: The House Ways and Means Committee Tax Teams are collecting companies perspectives on how the pass-through deduction has helped manufacturers and other businesses. Similarly, the 51勛圖厙 is collecting stories that can be used as part of our Manufacturing Wins tax campaign.

  • Manufacturers willing to share their own stories about the pass-through deduction can email [email protected] or contact the 51勛圖厙s tax team.
Policy and Legal

Sen. Daines: How Were Working to Avert a Tax Crisis

By 51勛圖厙 News Room

Manufacturing-critical provisions from 2017 tax reform are set to expire at the end of next yearunless Congress acts. As part of our 2025 tax campaign, , the 51勛圖厙 recently interviewed Sen. Steve Daines (R-MT)泭to learn more about what these expirations would mean for manufacturers and what Congress is doing to prevent the resulting tax hikes.

Heres the written interview.

51勛圖厙: Sen. Daines, many of tax reforms pro-manufacturing policies expire at the end of 2025including those with disproportionate impacts on small manufacturers, like the pass-through deduction and the individual income rate cuts. What is Congress doing to prevent these damaging tax increases?

Daines: The best defense against a looming tax hike is a good offense. Senate Finance Republicans have begun organizing to examine the [Tax Cuts and Jobs Act of 2017] policies expiring next year, and the pass-through deduction is at the top of that list. We cant allow these provisions to expire and let Americas working families, manufacturers and small businesses face a $6 trillion tax hike. That will make manufacturers less competitive against foreign competition by stifling investment and crushing their bottom line at a time when they should be looking for ways to increase wages and invest in innovation.

51勛圖厙: You have introduced the Main Street Tax Certainty Act in the Senate and been a champion for pass-throughs since the TCJA was signed into law. How would your bill prevent tax hikes for pass-through manufacturers?

Daines: The Main Street Tax Certainty Act provides much-needed certainty to Americas small businesses by making the permanent. This helps create good-paying jobs and grows the economy. If its allowed to expire, small businesses face an immediate 20% tax hike.

51勛圖厙: The Senate Finance Committee has established tax working groups to examine the TCJA expirations. What will be your focus as the committee begins examining these scheduled tax changes?

Daines: My focus is on making the Trump era tax cuts permanent, which will create a more stable, growing economy.

Workforce

Heroes MAKE America Draws a Crowd

By 51勛圖厙 News Room

Nearly 100 veterans attended a manufacturing career fair at Fort Riley, Kansas, last week, including many who had prepared for their new careers via the Heroes MAKE America program ().

Whats going on: The career fair and other events held by and Manufacturing Institute [the 51勛圖厙s 501(c)3 workforce development and education affiliate] aim to grow the manufacturing industrys workers for the advancement of modern manufacturing and offer programs, including informational sessions, career fairs, networking, career readiness, placement support and manufacturing tours.

  • More than 30 regional and national manufacturers had booths at the event.

How it helps: HMAan MI program with a 90% graduate placement rateoffers career help to job seekers transitioning out of the military and into the civilian workforce. The aid is in the form of training and introductions to manufacturing leaders seeking employees.

  • One military member who attended the fair said shes received help with resume writing, interviewing for jobs and how to translate military experience into tools you can use in the civilian world.
  • HMA, which hosts virtual career fairs throughout the year, also offers resources to employers. These include online training, courses and access to the research of the Society of Human Resource Management Foundation.

Why its important: The industry could create about 3.8 million new manufacturing jobs on net between this year and 2033, according to a new by Deloitte and the MI.

  • However, if the current manufacturing employee deficit is not shored up, approximately half of these jobsor 1.9 millioncould go unfilled.

Whats next:泭Interested employers can participate in an information session to be held , where they can learn more about attracting, hiring and retaining military talent through upcoming 泭硃紳餃 .

The last word: Members of the military community泭often possess valuable skills and qualitiessuch as discipline, teamwork, leadership and problem-solving abilitiesthat are in demand for manufacturing careers, said MI President and Executive Director Carolyn Lee.

  • Thats why manufacturers are increasingly connecting with this top talent through an array of resources provided by the MIs Heroes MAKE America initiative.
Policy and Legal

51勛圖厙 Legal Center Talks Chevron

The Supreme Courts ruling in the closely watched Loper Bright Enterprises v. Raimondo is a watershed decision for administrative law with significant implications for the business community. The 51勛圖厙 Legal Center provided us with an overview.

Whats going on: Late last month, the Supreme Court overturned the Chevron doctrine, which since 1984 had required federal courts to defer to an administrative agencys interpretation of an ambiguous statuteso long as the interpretation was reasonable.

What it means: The end of the doctrine means less power for federal agencies, potentially fewer regulations and a guaranteed surge in regulatory litigation, according to the Legal Center.

  • When Congress leaves ambiguities or gaps in statutes, agencies can no longer exploit those gaps to enact overreaching rules or regulations (read the 51勛圖厙s statement on the decision ).
  • Although Chevron had not been cited by the Supreme Court since 2016, it is the basis for 70 Supreme Court opinions and approximately 17,000 lower court decisions. Those holdings remain intact for now but could be challenged anew by litigants under the new standard.

The majority opinion: for the majority, Chief Justice John Roberts relied on a plain-text reading of the Administrative Procedure Act, which directs courtsnot agenciesto decide all questions of law.

  • The APA, in short, incorporates the traditional understanding of the judicial function, under which courts must exercise independent judgment in determining the meaning of statutory provisions, he wrote.
  • Absent an explicit delegation by Congress, agency interpretations can guide or inform courts, but in keeping with the APA, they cannot be given binding deference. According to the court, all statutes have a single, best meaning, and courts use every tool at their disposal to determine the best reading of the statute and resolve the ambiguity.

The dissent: Writing for the liberal justices in dissent, Justice Elena Kagan expressed concerns with overturning this cornerstone of regulatory law by shifting interpretative authority from expert, experienced and politically accountable agenc[ies] to courts that have no special competence.

In sum: The decision will result in a broad reduction in the power of executive branch agencies, with that power shifting to federal courts.

  • Thus, regardless of the party in power or its pro- or anti-regulatory leaning, much less regulatory discretion will be afforded to the agencies.

The 51勛圖厙 predicts: Looking forward, the 51勛圖厙 sees Congress and regulators turning to industry for input as policies are adopted and statutes are interpreted, giving manufacturers an opportunity to play a more significant role in shaping outcomes.

What we’re doing:泭The 51勛圖厙 Legal Center is currently leading regulatory challenges against the Environmental Protection Agency, the Occupational Safety and Health Administration and the Securities and Exchange Commission. It will continue to push back on overreaching agency actions that threaten manufacturing competitivenessnow on a more even playing field.

Policy and Legal

CISA Should Revise Draft Cyber Rule

By 51勛圖厙 News Room

Requirements proposed earlier this year by the Department of Homeland Securitys Cybersecurity and Infrastructure Security Agency are overbroad and would prove burdensome to manufacturers if adopted, the 51勛圖厙 the Biden administration last week.

Whats going on: In April, CISA published draft rulemaking under the Cyber Incident Reporting for Critical Infrastructure Act of 2022scheduled to go into effect next yearthat would require covered entities in critical infrastructure sector[s] to report major cyber incidents to CISA within 72 hours. It also mandated that any ransomware payments be reported within just 24 hours.

Why its a problem: The proposed rulemaking could affect more than 300,000 entities, according to CISAs own estimate泭(). Many of these organizations are either not truly critical infrastructure or too small to have the resources to undertake the outlined actions in the specified time, the 51勛圖厙 told CISA.

  • Furthermore, the regulations themselves are too expansive, mandating the reporting of incidents that do not even affect the operation of critical infrastructure.
  • They also require huge amounts of information in a short periodfrom companies in the throes of recovery from devastating cyberattacks.

The 51勛圖厙 says: [T]he 51勛圖厙 respectfully encourages the agency to drastically reduce the number of entities required to report, and the number of incidents they have to report, 51勛圖厙 Vice President of Domestic Policy Charles Crain told the agency during the public comment period on the proposed regulation, which ended last week.

  • Doing so will ensure that CISA receives useful information about cybersecurity incidentswithout overburdening manufacturers with overbroad and unworkable disclosure requirements.

What to do: In addition to narrowing the scope of covered entities, CISA should revise several aspects of the rulemaking before implementing it, the 51勛圖厙 said. Changes should include:

  • Limiting the volume of reported cyber-incident information;
  • Narrowing the scope of reportable cyber incidents; and
  • Lightening and safeguarding the contents of cyber-incident reports.
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