Creates a new tax credit to encourage U.S. production of rare-earth permanent magnets by paying manufacturers per kilogram of qualifying magnet produced and sold. The base credit is $20 per kilogram, rising to $30/kg if at least 90% of the component rare-earth materials are U.S.-produced; the credit is subject to sourcing rules, certification, an option to treat part of the credit as a tax payment, and a phaseout after 2034. The credit applies to taxable years beginning after December 31, 2024, and includes special sourcing exceptions and IRS certification and reporting requirements.
Creates a new Internal Revenue Code section 45BB titled "Credit for production of rare earth magnets" that allows a production credit for qualifying rare earth magnets as part of the general business credit under section 38. The credit equals the sum of amounts determined under subsection (b) for magnets manufactured or produced by the taxpayer and sold to an unrelated person during the taxable year.
To qualify, magnets must be manufactured or produced by the taxpayer and sold to an unrelated person; taxpayers may elect (in a form the Secretary prescribes) to treat sales to related persons as sales to unrelated persons, subject to Secretary-imposed information or registration requirements to prevent duplication or fraud.
Basic credit amount: $20 per kilogram of qualifying rare earth magnets manufactured or produced in the United States by the taxpayer during the taxable year.
Enhanced credit amount: $30 per kilogram if not less than 90 percent by weight of the component rare earth materials of the magnet are produced within the United States.
Phase-out rules: for magnets manufactured after December 31, 2034, the credit amount is multiplied by a phase-out percentage: 70% for calendar year 2035, 35% for calendar years 2036 and 2037, and 0% after December 31, 2037.
Primary affected parties are U.S. manufacturers of rare-earth permanent magnets and upstream suppliers of rare-earth materials (miners, refiners, and processors). The credit raises the expected after-tax return on domestic magnet production, likely encouraging new investment in U.S. magnet manufacturing capacity and increased incentives to source rare-earth inputs domestically. Downstream users of magnets — including electric vehicle and motor manufacturers, wind-turbine makers, electronics firms, and defense contractors — may benefit from a more secure domestic supply, potentially reducing supply-chain risk but also possibly changing input prices depending on production scale and costs. The IRS/Treasury will incur administrative workload to define qualifying products, verify sourcing claims, implement certification procedures, and audit claims; taxpayers and tax preparers will face added recordkeeping and reporting burdens. Fiscal impact: the credit reduces federal tax receipts relative to baseline while the benefit exists; the phase-out after 2034 limits long-term fiscal exposure but creates uncertainty about long-term industry support. Trade and international effects: the emphasis on U.S.-sourced inputs may create incentives to onshore mining and processing but could also spur trade tensions or encourage investments abroad to meet sourcing tests. Overall, the measure is targeted at industrial policy goals (domestic capacity and supply-chain resilience) with trade-offs among fiscal cost, administrative complexity, and likely market responses from producers and downstream users.
Read twice and referred to the Committee on Finance.
Last progress June 5, 2025 (8 months ago)
Introduced on June 5, 2025 by Catherine Marie Cortez Masto
Updated 2 days ago
Last progress February 21, 2025 (11 months ago)