Infant Formula Made in America Act

Full Title:
Infant Formula Made in America Act of 2025

Summary#

This bill adds two tax credits to the Internal Revenue Code to encourage domestic infant formula manufacturing. One is an investment credit (called section 48F) worth 30% of qualifying investment in new or upgraded facilities that manufacture infant formula in the United States. The other is a production credit (called section 45BB) that pays $2 per pound for eligible infant formula a qualifying taxpayer manufactures and sells for use in the United States, subject to limits.

The investment credit is for "eligible taxpayers" with global revenue under $750,000,000 in the prior calendar year. Projects must be certified by the Secretary through a new program. Applicants must certify that at least 50% of formula made with the credited equipment will be sold for use in the United States during the first year the project is in service. The program has per-project and aggregate caps and timing limits. The bill includes recapture rules if project conditions are not met. The investment credit can be transferred or claimed as an elective payment under specified sections.

The production credit applies to qualifying taxpayers with prior-year revenue under $750,000,000 or taxpayers who previously received the credit. The credit is limited to 18,000,000 pounds of eligible formula per taxpayer per year and can be claimed for up to five taxable years beginning with the first year the taxpayer receives the credit. Production at facilities that received the investment credit cannot also be counted for the production credit. The production credit can be transferred and may be elected as a payment.

What it means for you#

  • Manufacturers that meet the revenue and certification rules can receive a 30% investment credit for eligible equipment used to produce infant formula in the United States.
  • Eligible manufacturers can also receive a production credit of $2 per pound for domestically manufactured infant formula, up to the annual pound limit.
  • To get the investment credit, companies must apply to a program the Secretary will set up and meet reporting and sales conditions. Credits may be recaptured if conditions are not met.

Expenses#

  • The bill sets a cap of $150,000,000 in credit allocation per qualifying project and a $750,000,000 aggregate cap on credits allocated under the investment credit program.
  • The production credit pays $2 per pound up to 18,000,000 pounds per taxpayer per year (which equals a maximum of $36,000,000 per taxpayer per year at the stated pound limit).
  • No publicly available information on the overall federal budgetary cost or savings of the bill beyond those statutory caps.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.