Tax

Resources and information around tax policies that are vital to capital investment and the competitiveness of the U.S. recycled materials industry.

Helpful Tax Information

US tax policies, such as bonus depreciation allowances and incentives, are vital to capital investment and the competitiveness of the U.S. scrap recycling industry.

On July 4, 2025, President Donald Trump signed the One Big Beautiful Bill Act (OBBB) into law following its passage through the budget reconciliation process on a party-line vote. The sweeping legislation represents one of the largest overhauls of federal tax policy since the 2017 Tax Cut and Jobs Act (TCJA), with major implications for businesses across the nation – including those in the recycled materials industry.  

Throughout the bill’s development, the Recycled Materials Association (ReMA) remained actively engaged with Congress – both alone as an Association, and alongside with other groups including the National Association of Manufacturers – to advocate for provisions that promoted long-term economic growth, domestic manufacturing, and private sector investment. Our efforts were guided by a clear mission – to ensure tax policy supports capital intensive sectors like ours, one that supplies nearly 40% of raw materials used in manufacturing processes and drives innovation, job creation, and supply chain resilience.

The OBBB delivers on that front, preserving and strengthening key tax provisions that create certainty for businesses, incentivize modernization and equipment investment, and reward innovation. The changes provide a more stable, and pro-investment tax framework for recyclers.  

Most notably, the law includes the following provisions that will impact business operations and decision making:  

  • Deduction for Qualified Business Income (Section 199A): The Qualified Business Income (QBI) deduction, introduced by the Tax Cuts and Jobs Act (TCJA), has been a major tax benefit for owners of pass-through businesses like sole proprietorships, partnerships, and S corporations. The QBI deduction allows eligible non-corporate taxpayers to deduct up to 20% of their qualified business income. The deduction was previously set to expire at the end of 2025, but the OBBB makes the deduction permanent.   
  • Asset Expensing (Section 179): A Section 179 dedication may be allowed for investment in qualified equipment and other assets subject to limitations. The OBBB increases the maximum amount a taxpayer may expense to $2.5 million from $1 million, reduced by the amount by which the cost of the property exceeds $4 million. 
  • Full Expensing for Qualified Production Property – Section 168(n): A new temporary provision, the OBBB allows for the full expensing – equal to 100 percent of the adjusted basis of qualified production property. Under that provision, qualified production property means nonresidential real property used as an integral part of a domestic qualified production activity.  A qualified production activity includes the manufacturing, production, or refining of a qualified product that results in a substantial transformation of the property comprising the product. Qualified production property does not include the portion of any nonresidential real property used for offices, administrative services, lodging, parking, sales activities, software development or engineering activities, or other functions unrelated to the manufacturing, production, or refining of tangible personal property. This applies to qualified production property placed in service in the U.S. or its possessions before January 1, 2031, the construction of which begins after January 19, 2025. 
  • Bonus Depreciation – Section 168(k): The law permanently extends 100 percent bonus depreciation for qualified property acquired and placed in service after January 19, 2025 and includes an additional first year depreciation deduction for manufacturing, production, and refining property. This provision was initially included in the TCJA but was scheduled to phase out over the next few years. Instead of having to spread depreciation deductions for capital equipment over several years under Modified Accelerated Cost Recovery System (MACRs) rules, you can deduct the full amount of your investment in the first year. The tax provision allows businesses to pay less on their taxes for certain kinds of newly acquired property, like vehicles, encouraging investment by improving cash flow for businesses putting qualifying equipment into service. This provision was initially included in the TCJA but was scheduled to phase out over the next few years.  
  • EBITDA-Based Depreciation Limits are Reinstated and Made Permanent: The TCJA previously limited interest deductions to 30% of earnings before interest and taxes (EBIT). The OBBBA reverts this calculation to earnings before interest, taxes, depreciations, and amortization (EBITDA), effective in 2025. This will allow qualifying businesses to back depreciation and amortization out of their income calculations, potentially allowing them to deduct more interest. This change is permanent and aims to provide greater flexibility for businesses with significant depreciation and amortization expenses. This particular provision will especially benefit capital-intensive industries, like the recycled materials industry, that finance a lot of equipment. 
  • Research and Development Tax Benefits: The OBBB revises current law that requires domestic research and development (R&D) expenditures to be capitalized and amortized over five years, and instead offers taxpayers increased flexibility. It restores full expensing by adding new section 174A and provides increased flexibility. For domestic R&D expenses incurred in tax years beginning after December 31, 2024, taxpayers can elect to (1) immediately deduct R&D costs in the year incurred, or (2) capitalize and amortize costs over the useful life of the research (not less than 60 months). However, current law treatment of foreign R&D costs (capitalization and amortization over 15 years) is not changed. In addition to expenses and capitalization, there are also favorable tax credits for qualifying R&D activities and small businesses. These include allowing businesses to claim a larger credit for qualifying R&D activities, which now includes a broader definition of eligible expenses, such as software development and certain types of engineering and design work. The OBBB also allows small businesses and startups to receive refundable credits, meaning companies can receive cash returns even if they have not yet generated taxable income. 
  • Employee Benefits: The law also contains several provisions related to employee benefits including: the expansion of paid family and medical leave tax credits, a permanent increase of the credit for employer-provided childcare, and new Affordable Care Act (ACA) provisions that will require employers to implement more robust procedures for verifying employee eligibility for employer-sponsored health insurances.  
  • International Provisions: The law permanently increases the Base Erosion Minimum Tax, reduces the global intangible low-taxed income (GILTI) deduction, expands the foreign-derived intangible income (FDII) deduction, and makes permanent the extension of the look-thru rule for controlled foreign corporations. 

A comprehensive overview of the OBBB can be found here. ReMA will continue to track OBBB implementation and share any IRS interpretation or guidance that is released.

    The enactment of the 2017 Tax Cuts and Jobs Act represented the first major tax reform since the 1980s. These tax reforms were largely focused on reforming the corporate and business tax codes that over the past 30 years had become outdated as compared with other emerging and developed nations.

    Most of these tax reforms will have a profound impact on the scrap recycling industry.

    Below is a list of the major tax reforms that ReMA worked hard to secure:

    • A move to territorial system with base erosion rules
    • Lowers corporate tax rate permanently to 21 percent in 2018
    • Establishes of a 20 percent deduction for pass-through businesses
    • Provides full and immediate expensing of capital investments for five years
    • Increases Section 179 Expensing Cap from $500,000 to $1 million
    • Retains trade and tax incentives (IC-DISC)
    • Enacts repatriation of foreign-source income at 15.5 percent and 8 percent (illiquid)
    • Limits net-interest expensing to 30 percent of earnings before for four years (Interest, taxes, depreciation (EBIT) and amortization (EBITA))
    • Abolishes corporate alternative minimum tax
    • Retains interest charge-domestic international sales corporation (IC-DISC)
    • Eliminates Domestic Production Tax Credit (Section 199) After 2018

    Congress passed the American Jobs Creation Act in 2004 (“Jobs Creation Act”). Title I of the Jobs Creation Act had two purposes: first, it repealed the Exclusion for Extraterritorial Income (ETI) as required by a decision of the World Trade Organization (WTO) and second, it added § 199 to the Internal Revenue Code (IRC) of 1986. Section 199 was intended, in part, to compensate U.S. exporters for the tax benefits they would lose as a result of the repeal of the exclusion for ETI and also to encourage certain businesses to create jobs. Unfortunately, the Internal Revenue Service (IRS) has interpreted § 199 in a manner that effectively vitiates the ability of scrap recyclers to claim the deduction, despite the fact that the scrap recycling industry is, and has been for decades, one of the United States largest net exporters, subjecting a large number of recyclers to huge deficiency assessments upon audit.

    Recycling Investment Saves Energy (RISE) allows taxpayers to claim accelerated deprecation for the purchase of machinery or equipment used to collect, distribute or recycle a variety of commodities such as scrap plastic, scrap glass, textiles, scrap rubber, scrap ferrous and nonferrous metals, or electronic scrap.

    RISE FAQs

    The following information is not intended to be tax advice, it is provided for guidance purposes only. You should consult your tax preparer and/or tax attorney for advice appropriate to your individual situation.

    RISE allows taxpayers to claim accelerated deprecation for the purchase of machinery or equipment used to collect, distribute or recycle a variety of commodities such as scrap plastic, scrap glass, textiles, scrap rubber, scrap ferrous and nonferrous metals, or electronic scrap.

    Accelerated depreciation is a very common incentive often used by federal and state governments to spur manufacturing, production or certain purchasing behaviors, or to achieve certain policies:

    1. RISE provides a purchaser of “qualified reuse and recycling property,” (which is just a fancy term for eligible recycling machinery or equipment) with the option to depreciate 50% of the cost of that machinery or equipment in the first year.
    2. Only qualified reuse and recycling property that is used exclusively to process materials (including sorting) and that has a useful life of at least five (5) years is eligible for the 50% accelerated depreciation allowance under RISE. Rolling stock, real estate, and buildings are not eligible for the depreciation allowance under RISE.
    3. In order to use the bonus depreciation under RISE, eligible machinery or equipment must be placed into service after August 31st, 2008. However, that same equipment must not have been ordered prior to August 31st.
    4. However, the economic stimulus package passed earlier this year also contains a 50% accelerated depreciation, but requires that in order to be eligible, that equipment must have been purchased in 2008 and placed into service by December 31st, 2008.
    5. RISE is purely voluntary. Some recycling equipment purchasers, based on their own tax situation, may elect not to use the accelerated depreciation schedule. Instead, they may elect to straight-line depreciate machinery or equipment equally over five years or more.

    Additional Resources

    Learn about ReMA Advocacy efforts.

    Advocacy

    ReMA’s advocacy efforts highlight the role of recycled materials in our economy, environment, supply chain, and beyond, at all levels of government.

    Advocacy Agenda

    Our robust state program provides resources to advocate on behalf of the industry at the local level.

    State Resources

    Our robust state program provides resources to advocate on behalf of the industry at the local level.

    International Trade

    ReMA’s international trade efforts highlight the essential role of recycled materials in the global economy.

    Sustainability

    When manufacturers source raw materials for a product, the recycled materials industry provides an alternative to cutting trees, mining, drilling, or harvesting natural resources. Explore recycling’s role in sustainability.