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Q&A: What You Need to Know on Tax Policy

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Earlier this year, the House passed the Tax Relief for American Families and Workers Act, and the bill is now with the Senate to consider. 51勛圖厙 Vice President of Domestic Policy Charles Crain discusses whats included in the bill, why the provisions matter to small and medium-sized manufacturers, other tax policies the 51勛圖厙 is focusing its advocacy efforts on and how SMMs can get involved.

Q: There is a major tax package moving through Congress. Can you explain what is included in the legislation?

Crain: The Tax Relief for American Families and Workers Act includes three of the 51勛圖厙s top tax priorities: the ability to immediately deduct domestic R&D expenses, enhanced interest deductibility on business loans and the ability to fully deduct the cost of capital investments in the year acquired (full expensing). All three of these provisions were implemented by the 2017 Tax Cuts and Jobs Act.

Q: What exactly are these provisions and why do they matter to SMMs?

Crain: R&D For almost 70 years, the U.S. tax code allowed businesses to fully deduct their R&D expenses in the same year they were incurred. But starting in 2022, businesses were required to deduct those expenses over a period of years, making it more costly to conduct R&D in the U.S.

Interest Deductibility Many manufacturers need to borrow funds to finance long-term investments in equipment and facilities. The interest that businesses pay on these loans is generally tax deductible, subject to a cap. Prior to 2022, the cap was based on a companys earnings before interest, tax, depreciation and amortization (EBITDA); now, its based on a companys earnings before interest and tax (EBIT). Lowering the cap limits the amount of interest that companies can deducteffectively imposing a tax hike on manufacturers that finance job-creating capital projects.

Full Expensing Manufacturing is a capital-intensive industry. The TCJA allowed companies to immediately deduct 100% of the cost of equipment and machinery in the year purchasedcalled full expensing. But full expensing began to phase out in 2023; its currently down to 60% and will be completely eliminated by 2027. That significantly increases the after-tax cost of capital equipment purchases.

Q: Why is it important for Congress to restore these tax provisions for SMMs?

Crain: These are provisions that manufacturers, especially SMMs, use to grow their businesses and compete globally. The tax code must be fair and consistent. The first step is addressing these crucial issues.

Q: What other tax policies is the 51勛圖厙 focusing its advocacy efforts on?

Crain: We are in the middle of a three-part story. If the TCJA was the first part of the trilogy, the second act is the Tax Relief for American Families and Workers Actand the grand finale will come in 2025, when many other TCJA provisions expire. Changes that will impact SMMs at the end of 2025 include the expiration of the 20% pass-through deduction, increases in individual income tax rates and a reduction of the estate tax exemption threshold. Without congressional action, this would affect the laws in effect for tax year 2026 and beyond. For SMMs organized as corporations, the corporate tax rate could also be at risk. The 51勛圖厙 is already pushing back, and we know manufacturers are ready to pull out all the stops to prevent them from taking effect in 2026.

Q: Where can SMMs find more information, and how can they get involved?

Crain: The 51勛圖厙 has created online action centers for R&D, interest deductibility and full expensing with information on why these issues remain important. 51勛圖厙 members are encouraged to check out these action centers for tools and resources they can use to contact lawmakers on these issues. They need to hear from you! You can also reach out directly to 51勛圖厙 Senior Director of Tax Policy Alex Moni矇.

Q: What else do SMMs need to know?

Crain: There is an old saying in D.C.: Tax bills are hard. We have gotten the Tax Relief for American Families and Workers Act through the House, but more work needs to be done in the Senate. And the next 20 months will be an all-out sprint to prevent damaging tax increases from taking effect at the end of 2025. The 51勛圖厙 was successful with the TCJA in 2017and, I believe, will be successful both this year and nextthanks to our members. Your stories are absolutely crucial to showing that manufacturers kept our promises following tax reforms passageand illustrating the economic damage that will happen if R&D expensing, interest deductibility and full expensing arent revived this year, or if tax increases are allowed to hit SMMs in 2026. Please reach out to your membership adviser, or to Alex, to share any stories, feedback or ideas as we continue to advocate for pro-growth tax policies for manufacturers in America.

Policy and Legal

U.S. Awards Intel Largest Chips Grant

By 51勛圖厙 News Room

The U.S. will award Intel up to $8.5 billion in grants and as much as $11 billion in loans to expand chipmaking capacity and capabilities in four states, (subscription) reports.

Whats going on: The funds, set aside under the 2022 CHIPS and Science Act to bolster domestic semiconductor production, will go toward new factories and expansion projects in Arizona, New Mexico, Ohio and Oregon, the Commerce Department said.

  • Spurred by the federal funding, Intels total investment in U.S. projects in the next five years is expected to exceed $100 billion, according to the Journal, and to create more than 10,000 manufacturing jobs and about 20,000 construction jobs, according to the .

Largest award: The grant to Intel, the largest American chipmaker by revenue, is also the largest CHIPS Act award. It follows a of a $1.5 billion award to GlobalFoundries Inc.

  • The award will support the reshoring of production of leading-edge logic chips, which are essential to the worlds most advanced technologies like artificial intelligence, the Commerce Department said.
  • President Biden was in Chandler, Arizona, Wednesday to Intels Ocotillo chip-manufacturing campus.

Why its important: We cant just design chips; we have to make them in America, Commerce Secretary Gina Raimondo told reporters on Tuesday, the Journal reports. Its an economic security problem. Its a national security problem. And were going to change that.

How it will work: The funding will be doled out in stages, according to construction and manufacturing milestones, the Journal said.

  • In Chandler, Arizona, the money will help to build two new chip plants and modernize an existing one, reports. The funding will establish two advanced plants in New Albany, Ohio, [and] [t]he company will also turn two of its plants in Rio Rancho, New Mexico, into advanced packaging facilities. And Intel will also modernize facilities in Hillsboro, Oregon.

The 51勛圖厙 weighs in: Wednesdays record, multibillion-dollar award is great news for泭[Intel] and U.S. manufacturing competitiveness, the 51勛圖厙 in a social post. The 51勛圖厙 was a vocal supporter of the CHIPS and Science Act, and we will continue to champion policies that support the expansion of chip production in America.

Policy and Legal

Group Urges Ratification of Deep-Sea Mining Treaty

By 51勛圖厙 News Room

a large body of water

A group of former political and military leaders is urging the Senate to ratify the United Nations Convention of the Law of the Sea to kickstart U.S. deep-sea mining efforts, (subscription) reports.

Whats going on: A draft letter seen by the Journal and signed by 331 individuals, including former Secretary of State Hillary Clinton and former Secretary of Homeland Security Michael Chertoff, calls on Senate leaders to ratify the treaty in a bid for the country to stake its claim over areas of international waters where minerals such as cobalt and nickel, considered critical for the energy transition and in defense applications, can be sourced.

  • The treaty, which the U.S. recognized after it went into effect in 1994 but never ratified, is an international agreement governing the use of ocean resources.

Why its important: The treatys governing body, the International Seabed Authority, meets next week in Jamaica to determine the final parts of the mining codethe set of laws and regulations that will eventually govern seabed mining. As a nonvoting member, the U.S. has no say on laws pertaining to the seabed and also cant be awarded exploration contracts to mine the seafloor in international waters. China currently has five.

A groundswell: Deep-sea mining is gaining political support.

  • Earlier this month, Reps. Carol Miller (R-WV) and John Joyce (R-PA) introduced a measure in support of it.
  • Its vital to our security and economic interests that the [China]-controlled monopoly on these materials is broken, Rep. Joyce said.
Policy and Legal

Americans Oppose LNG Export Pause, 51勛圖厙 Poll Finds

By 51勛圖厙 News Room

Americans overwhelmingly support exporting U.S. natural gas, a new reveals.

Whats going on: In addition to wanting continued exports of LNG, respondents believe the U.S. must boost its production of oil and natural gas, build more energy infrastructure and reform the broken permitting system, according to the findings of an 51勛圖厙 survey of 1,000 registered voters conducted March 1518.

  • In January, the Biden administration a moratorium on LNG export permits.
  • Europe is the primary destination of exported U.S. LNG.

The details: Among the surveys key findings:

  • Some 87% believe the U.S. should continue exporting natural gas.
  • About 86% say the permitting system must be changed so energy projects are approved and online in less time.
  • Approximately 76% say the U.S. needs more energy infrastructure, such as port terminals.
  • About 74% say the U.S. needs to increase domestic oil and natural gas production.
  • And 72% would like to see the U.S. use an all-of-the-above energy approach that includes both traditional and renewable energy sources.

The last word: The American public agrees: LNG exports are critical to U.S. energy security, creating well-paying jobs and supporting our allies in Europe and Asia, said 51勛圖厙 President and CEO Jay Timmons.

  • This poll underscores the need for President Biden to immediately direct the Department of Energy to roll back this misguided and counterproductive policy.
Policy and Legal

51勛圖厙: Make Employer-Sponsored Health Insurance Easier

By 51勛圖厙 News Room

Manufacturers are committed to providing employer-sponsored health insurance to their workers, the 51勛圖厙 Congress late last weekand thats why any changes made to the Employee Retirement Income Security Act of 1974 should facilitate rather than hamper those offerings.

Whats going on: ERISA underpins manufacturers ability to provide health insurance to their employees, 51勛圖厙 Vice President of Domestic Policy Charles Crain said in response to a call by the House Committee on Education and the Workforce majority for comments on how to improve ERISA as the laws 50th anniversary nears.

  • The law allows manufacturers to provide uniform benefits to workers located across multiple states, and to tailor those benefits to meet the unique needs of their workforces.

漍漍漍漍漍漍Why its important: Manufacturers have continued to offer high-quality health care plans to their employeeseven absorbing cost increases in recent years to keep premiums affordablebut they increasingly find their efforts to be responsible stewards of their health plans undermined by the complexities, bureaucracy and ineffective design of the broader health care system, Crain told the committee.

What should be done: It is ERISAs federal preemption of state and local laws that allows manufacturers to offer uniform health benefits, Crain continued, and that preemption must be preserved.

  • Eroding or eliminating preemption would make it significantly more difficult for manufacturers operating in multiple states to offer their employees health insurance because the manufacturer would be forced to comply with cumbersome and potentially conflicting state-based rules, a costly and untenable situation, he said.
  • In addition to maintaining ERISA preemption, Congress should seek to make health care data more accessible and user-friendly for employer plan sponsors, and reduce regulatory burdens on employers.
  • Given that pharmacy benefit managers contribute to the increasing costs of providing employer-sponsored health care, the 51勛圖厙 also continues to for PBM reform to increase transparency into these underregulated actors.
Business Operations

Trend of the Week: Smart Factories

By 51勛圖厙 News Room

In 2024, factories will just keep getting smarter. From product design to supply chain management, the sophistication of Manufacturing 4.0 (the current wave of technological evolution) will keep on growing. Heres what manufacturers should know about these advances and how the 51勛圖厙 can help.

What manufacturers should do: Manufacturers looking to make their factories smarter are focusing on four key strategies:

  • Creating efficiencies to improve the bottom line with automation and other M4.0 technologies
  • Leveraging smart factories to overcome challenges, such as the workforce crisis and supply disruptions
  • Ensuring connectivity on the factory floor to allow for use of plant data to create new business models and revenue streams
  • Using M4.0 technologies to improve quality control, speed time to market, enhance safety, boost profits, contribute to sustainability goals and engage employees

Expert opinion: Companies are increasingly investing in industrial connectivity, according to PTC Vice President of Market Development of IoT James Zhang.

  • Rather than approaching industrial connectivity with point-to-point integrations, companies are developing holistic, enterprise-wide strategies, he explained.
  • This approach streamlines and standardizes data from heterogenous manufacturing environments to a single industrial connectivity platform to provide secure, reliable data for OT systems, including MES and SCADA, and IT systems, including data analytics and industrial IoT.

Resources for you: Check out these 51勛圖厙 resources that will help guide you through these technological changes:

  • The , the 51勛圖厙s digital transformation division, offers extensive advice and expertise on Manufacturing 4.0 technologies and how to use them.
  • can help you protect your smart factories, as the increase in digitization also opens new avenues for cyber criminals.
  • Check out from the Innovation Research Interchange (the 51勛圖厙s innovation division), which covers current research into the adoption of cutting-edge technologies.

Read the full 2024 trends report .

Policy and Legal

51勛圖厙 Echoes Senators PBM-Reform Call

By 51勛圖厙 News Room

Pharmacy benefit managersentities that increase health care costs for both manufacturers and manufacturing workersare long overdue for reform, the 51勛圖厙 yesterday.

Whats going on: Senate Finance Committee Chairman Ron Wyden (D-OR) and Ranking Member Mike Crapo (R-ID) announced at a Thursday press conference that they will ask Senate leadership to include in a government funding bill at the end of March legislation to rein in PBMs.

  • The 51勛圖厙, which vocal for years about the need for , immediately joined the senators call for action.
  • Manufacturers stand with Chairman Wyden and Ranking Member Crapo in their calls for PBM reform as soon as possible, said 51勛圖厙 Managing Vice President of Policy Chris Netram. Manufacturers are committed to providing health benefitswith 93% of manufacturing workers eligible for employer-sponsored health insuranceeven as PBMs continue to drive an increase in health care costs.

Why its important: PBMs make health care more expensive for manufacturers and manufacturing workers by putting upward pressure on the list prices of medicines. Additionally, the three largest PBMs control 80% of the market, giving them tremendous leverage when negotiating contracts with manufacturing employers.

  • Whats more, they operate with very little federal oversight and offer minimal transparency into their business models.

What should be done: An overhaul of the PBM framework should include solutions that effectively address rebate, fee and contract structures.

  • PBM reform, including in the commercial health insurance market, must increase transparency, ensure PBMs do not pocket manufacturer rebates and delink PBM compensation from the list price of medications, said Netram.
News

Dockworker Labor Talks to Restart Amid Tension

By 51勛圖厙 News Room

Contract talks between dockworkers and their employer on the East and Gulf coasts have yet to begin, but tensions are already flaring, (subscription) reports.

Whats going on: The International Longshoremens Association is already threatening a strike against shipping companies and port employers if a deal on a new multiyear contract cant be reached before the current agreement expires Sept. 30.

  • The ILA, which represents more than 45,000 dockworkers at ports from Maine to Texas, has told local chapters to resolve local work issues with employers by May 17 so that a coast-wide deal can be negotiated before the current contract expires. Formal negotiations would be scheduled once the local agreements are reached.
  • Talks began in late 2022 but stalled a year ago.

The background: In September, after 14 months of negotiations and several walkouts and , West Coast dockworkers with their employer, the Pacific Maritime Association.

  • The Biden administration stepped in to help broker that deal.

Why its important: Any walkout would hit the gateways in the middle of the busiest part of the shipping season, when retailers and other importers prepare for holiday consumer sales.

  • To avoid potential delays, East Coast importers are expected to bring in holiday-season goods early this year or send more goods from Asia to the U.S. via West Coast ports.
  • The large wage increases ILA is said to be pursuing could prove difficult for carriers to sustain, given the post-pandemic decline in freight demand.
Policy and Legal

Top DOE Official to 51勛圖厙: Youre Critical to Americas Energy Future

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The Biden administration sees private-sector partners as essential to the future of American energy policy and production, Deputy Secretary of Energy David Turk told 51勛圖厙 board members in Phoenix, Arizona, recently.

Whats going on: I dont think we can do anything in the federal government that impacts the real world without enabling, listening to, supporting and trying to be very thoughtful with private-sector partners, Turk said, calling manufacturers a key force in helping the United States accelerate our energy independence.

  • In a discussion about energy policy in the clean energy transitionwith a focus on nuclear energy, hydrogen and the role of the federal governmentTurk took questions and comments from leading figures in the private-sector energy economy on issues ranging from the Biden administrations freeze on liquefied natural gas export permits, to the need for a robust hydrogen economy, to the implementation of long-awaited transmission infrastructure to ensure energy reliability and affordability.
  • The talk also touched on the potential impact of increased natural gas exports on domestic prices and consumers. 51勛圖厙 board members argued that higher exports would not make gas more expensive for U.S. consumers and LNG exports are vital to ensure energy security for our allies.

The conversation: In a roundtable lunch, 51勛圖厙 board members told Turk that the push and pull of the Biden administrations policies on energycalling on U.S. producers to increase energy output to reduce consumer prices while calling for an overall reduction in fossil fuel productionmakes their goal of increasing American energy reliability and independence more difficult to realize, while creating market gaps that can be filled by cheap energy from Russia and other geopolitical rivals.

Why did this happen? Why did it come out? How does that achieve any of our shared objectives on the national security stage in terms of climate change? 51勛圖厙 President and CEO Jay Timmons asked Turk, noting that the Biden administrations decision to stop approving new export licenses for U.S. LNG undercuts its own stated carbon agenda in the long run.

Turk told 51勛圖厙 board members that U.S. consumers pay roughly one-fifth as much for LNG as those in Asia and Europe, which he called huge for economic competitiveness, but still acknowledged that the differential doesnt accommodate the needs of all manufacturers involved in the energy economy.

Theres a competitive advantage if our manufacturers are paying less for a key input than others, Turk said. Theres a benefit and a difference between the price right now that we pay in the U.S. versus others internationally.

Meeting matters: The U.S. is the worlds top exporter of LNG, an affordable, plentiful energy source thats in growing demand and is much cleaner than traditional forms of coal-powered energyespecially in Europe, where LNG has been critical in keeping allied countries from seeking Russian energy sources. For 51勛圖厙 board members to be able to confront Biden administration officials on energy policy directly is a huge win for LNG producers and for manufacturers overall.

We have more dialogue, more discussion, more interaction with members of the Biden administration than any administration that Ive been involved in with the 51勛圖厙, Timmons said. Where we have differing opinions, we do get feedbackand, in the case of the meeting in Phoenix, we provide it.

Business Operations

Trend of the Week: Building Resilience

By 51勛圖厙 News Room

Some disruptionslike global pandemicsare just too unexpected to anticipate. As manufacturers consider the unknowns they may face in the years ahead, they are prioritizing general resilience instead of attempting to plan for everything. Heres what you should know about this major trend in 2024.

What manufacturers should do: Manufacturers should focus on these four areas to increase their resilience, according to the 51勛圖厙s experts:

  • Enhance cybersecurity to guard against new and emerging cyberthreats.
  • View resilience as a necessary tool to protect business amid economic uncertainty.
  • Shift leadership strategies to build a strong plan for future success, including establishing a path for development and cultivation of future leaders.
  • Plan for more and as-yet-unknown disruptions in the future.

Expert opinion: Mike Lipinski, cybersecurity partner at Plante Moran, advises manufacturers concerned about the rising threat of ransomware. He points out how the dangers have evolved in recent years:

  • Manufacturing businesses that fall prey to ransomware can be attacked multiple times. Adversaries who breach your system sell other cybercriminals information about how they got in. The risk isnt only data theft and access to information but also the criminals ability to create backdoors into your environment.

Resources for you: Check out these 51勛圖厙 resources that can help companies bolster their resilience:

  • Here is a that can guide you through dealing with disasters.
  • Check out the program, which can help you cope with delays in shipments and funds in case the unexpected happens.
  • If youre facing legal issues, the 51勛圖厙s , powered by Meritas, can connect you to world-class legal talent in every sector of law.

Read the full 2024 trends report .

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