Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Congressional research reportMay 27, 2025

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Tax Provisions in H.R. 1, the One Big

Beautiful Bill Act: House-Passed Version

May 27, 2025

Congressional Research Service

https://crsreports.congress.gov

R48550

SUMMARY

Tax Provisions in H.R. 1, the One Big Beautiful

Bill Act: House-Passed Version

On May 22, 2025, the House passed H.R. 1, the One Big Beautiful Bill Act. That act provides

for reconciliation pursuant to Title II of H.Con.Res. 14, the Concurrent Resolution on the

Budget for FY2025. Title XI of H.R. 1 contains tax provisions, which are identified as the “tax

provisions in the One Big Beautiful Bill Act” in this report.

R48550

May 27, 2025

Anthony A. Cilluffo,

Coordinator

Analyst in Public Finance

Many of the tax provisions are modifications or extensions of provisions of P.L. 115-97,

commonly known as the Tax Cuts and Jobs Act or TCJA. Several provisions in the TCJA are set to expire at the end of 2025,

or have changed within the last several years. These provisions include changes such as modified individual income tax rates,

a higher standard deduction and child tax credit, suspension of personal exemptions, a deduction for pass-through business

income, bonus depreciation for business investments, changes to how business research costs are recovered, and changes to

the limitation on deducting interest on indebtedness by certain businesses.

This report provides a section-by-section summary of the tax provisions in Title XI of H.R. 1, as passed by the House.

Specifically, a set of tables describes each provision in H.R. 1, by subtitle, and provides references to related CRS products.

A small number of Title XI provisions that are not directly related to tax policy are omitted.

Congressional Research Service

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Contents

Tables

Table 1. Subtitle A—Make American Workers and Families Thrive Again .................................... 4

Table 2. Subtitle B—Make Rural America and Main Street Grow Again ..................................... 33

Table 3. Subtitle C—Make America Win Again ........................................................................... 45

Table 4. Subtitle D—Increase in Debt Limit ................................................................................. 78

Contacts

Author Information........................................................................................................................ 80

Congressional Research Service

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

On May 22, 2025, the House passed H.R. 1, the One Big Beautiful Bill Act.1 That act provides for

reconciliation pursuant to Title II of H.Con.Res. 14, the Concurrent Resolution on the Budget for

FY2025.2 Title XI of H.R. 1 contains tax provisions, which are identified as the “tax provisions in

the One Big Beautiful Bill Act” in this report.

Earlier legislative consideration of what became H.R. 1 included a House Committee on Ways

and Means markup on May 13-14, 20253; House Committee on the Budget markups on May 16,

20254, and May 18, 20255; and a House Committee on Rules hearing on May 19, 2025.6

Many of the tax provisions are extensions or modifications of similar provisions in P.L. 115-97,

commonly known as the Tax Cuts and Jobs Act or the TCJA. For background on the TCJA

generally, and the expiring provisions in particular, see

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CRS Report R47846, Reference Table: Expiring Provisions in the “Tax Cuts and

Jobs Act” (TCJA, P.L. 115-97), by Donald J. Marples and Brendan McDermott;

CRS Report R48286, Expiring Provisions of P.L. 115-97 (the Tax Cuts and Jobs

Act): Economic Issues, coordinated by Jane G. Gravelle; and

CRS Report R48485, Economic Effects of the Tax Cuts and Jobs Act, by Jane G.

Gravelle and Donald J. Marples.

This report summarizes the tax provisions in Title XI of the One Big Beautiful Bill Act, including

the following:

•

•

Subtitle A, Part 1, would extend many of the expiring TCJA provisions affecting

individuals and families, including reduced income tax rates, the increased

standard deduction, the elimination of personal exemptions, the expanded child

tax credit, increased exemptions for the estate and gift tax and alternative

minimum tax, the deduction for pass-through business income, and others.

Several of these provisions are increased beyond their levels in the TCJA,

including a temporary increase in the standard deduction and an increase in the

qualified business income deduction rate to 23%.

Subtitle A, Part 2, would provide additional individual-related tax reductions

beyond those in the TCJA, including new deductions for tip income, qualified

overtime pay, and car loan interest paid on vehicles assembled in the United

1 The text of H.R. 1, as it passed the House on May, 22, 2025, consisted of Rules Committee Print 119-3 as modified

by the Manager’s Amendment printed in H. Rept. 119-113. See House Committee on Rules, Rules Committee Print

119-3, https://rules.house.gov/sites/evo-subsites/rules.house.gov/files/documents/rcp_119-3_final.pdf and House

Committee on Rules, Providing for Consideration of the Bill (H.R. 1) to Provide for Reconciliation Pursuant to Title II

of H. Con. Res. 14, https://www.govinfo.gov/content/pkg/CRPT-119hrpt113/pdf/CRPT-119hrpt113.pdf.

2 For background on the budget resolution, see CRS Report R48532, H.Con.Res. 14: The Budget Resolution for

FY2025, by Drew C. Aherne and Megan S. Lynch.

3

Information on the markup is available at House Committee on Ways and Means, “Full Committee Markup of

Legislative proposals to comply with the reconciliation directive included in section 2001 of the Concurrent Resolution

on the Budget for Fiscal Year 2025, H. Con. Res. 14,” May 13, 2025, https://waysandmeans.house.gov/event/fullcommittee-markup-of-legislative-proposals-to-comply-with-the-reconciliation-directive-included-in-section-2001-ofthe-concurrent-resolution-on-the-budget-for-fiscal-year-2025-h-con-res-14/.

4 Information on this markup is available at House Committee on the Budget, “Markup Notice: House Committee on

the Budget,” May 16, 2025, https://budget.house.gov/hearing/markup-notice-house-committee-on-the-budget.

5 Information on this markup is available at House Committee on the Budget, “Reconvening Notice; House Committee

on the Budget,” May 18, 2025, https://budget.house.gov/hearing/reconvening-notice-house-committee-on-the-budget.

6 Documents related to the Rules Committee hearing are available at https://rules.house.gov/bill/119/hr-ORH-one-bigbeautiful-bill-act.

Congressional Research Service

1

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

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•

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States. Other changes would include an increased deduction for seniors,

extensions and expansions of the employer-provided child care tax credit and the

employer credit for paid family and medical leave, several provisions related to

education, and others.

Subtitle A, Part 3, would make changes to several health-related tax provisions. It

would create CHOICE arrangements, tax-advantaged arrangements that could be

used to purchase medical care and health coverage. It would also make a number

of changes to health savings accounts (HSAs)—another type of tax-advantaged

account—that would generally expand the number of people eligible for HSAs

and the expenses eligible to be paid through an HSA, and make HSA-related

changes.

Subtitle B, Part 1, would extend several of the expiring TCJA provisions for

businesses, including bonus depreciation, deductions for research and

experimental expenditures, a higher income limit for the deduction of business

interest, and extensions related to several international corporate tax provisions.

Subtitle B, Part 2, would provide additional business-related tax reductions

beyond those in the TCJA. These include extending bonus depreciation to

additional types of property, increasing the dollar limit for Section 179 expensing

(often used by small businesses), modifying the low-income housing tax credit,

increasing the dollar threshold for a statutory “small manufacturing” business,

and extending and reforming the Opportunity Zone tax program.

Subtitle C, Part 1, would make a number of changes, most of which are expected

to raise revenue. These changes include early termination of many energy-related

tax incentives, such as the tax credits for clean vehicles and the production and

investment tax credits for clean electricity. This part would provide for a state

and local tax (SALT) deduction cap of $40,000 in tax year 2026 for most

taxpayers, with reduced amounts for taxpayers with higher incomes. It would

also make several changes related to business deductions and regulatory excise

taxes.

Subtitle C, Part 2, would make several tax changes for individuals with certain

immigration statuses (including undocumented immigrants) that are expected to

raise revenue. These would include restricting health-related premium tax credit

eligibility, an excise tax on remittance transfers for non-U.S. citizens, and

requiring Social Security numbers for two education-related tax credits.

Subtitle C, Part 3, would make a number of changes related to tax administration

and enforcement that are generally expected to raise revenue. These would

include changes to the health-related premium tax credit, certification

requirements for the earned income tax credit (EITC), and several enforcement

changes and an early termination of the COVID employee retention credit

(COVID ERC).

Subtitle D would increase the maximum amount of allowable public debt (the

“debt ceiling”) subject to limit by $4.0 trillion.

The tables in this report provide a section-by-section summary of the tax provisions in H.R. 1, as

passed by the House, and provide links to relevant CRS reports.

•

Table 1 summarizes tax provisions in Subtitle A—Make American Workers and

Families Thrive Again;

Congressional Research Service

2

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

•

•

•

Table 2 summarizes tax provisions in Subtitle B—Make Rural America and

Main Street Grow Again;

Table 3 summarizes tax provisions in Subtitle C—Make America Win Again;

and

Table 4 summarizes the increase to the debt limit in Subtitle D—Increase in Debt

Limit.

Certain provisions in Title XI are not tax provisions, and are not included in this report.

Specifically, Tables 1-4 in this report do not include a summary of Sections 110214,

“Regulations”; 111201, “Expanding the Definition of Rural Emergency Hospital under the

Medicare Program”; 112103, “Limiting Medicare Coverage to Certain Individuals”; and 112204,

“Implementing Artificial Intelligence Tools for Purposes of Reducing and Recouping Improper

Payments under Medicare.”

Congressional Research Service

3

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Table 1. Subtitle A—Make American Workers and Families Thrive Again

Section Title

Description

CRS Resources

Part 1—Permanently Preventing Tax Hikes on American Families and Workers

Extension of Modification

of Rates

Section 110001 of the bill

Section 1 of the IRC

This provision would make permanent the

individual income tax rates that the TCJA

instituted through 2025. It would also raise the

income thresholds at which all brackets other than

the top 37% bracket begin by accounting for one

additional year of inflation (that which occurred

from 2016 to 2017) in the cost-of-living

adjustment calculation.

Under the TCJA, the marginal rates are 10%, 12%,

22%, 24%, 32%, 35%, and 37%.

The TCJA did not change the tax rates on capital

gains and dividends.

This provision is an extension of TCJA with

modifications.

This provision would apply from 2026 onward.

CRS Report RL34498, Federal

Individual Income Tax Brackets,

Standard Deduction, and

Personal Exemption: 1988 to

2025, by Brendan

McDermott.

CRS Report R48313, Overview

of the Federal Tax System in

2024, by Donald J. Marples

and Brendan McDermott.

Extension of Increased

Standard Deduction and

Temporary Enhancement

Section 110002 of the bill

Section 63 of the IRC

To calculate taxable income, taxpayers who do

not itemize their deductions subtract the standard

deduction from their adjusted gross income (AGI).

The TCJA increased the standard deduction

through 2025. Under current law, the standard

deduction in 2025 is generally $15,000 for single

filers, $22,500 for head of household filers, and

$30,000 for married joint filers.

This provision would make permanent the TCJA’s

increase to the standard deduction and raise it

further by accounting for one additional year of

inflation (that which occurred from 2016 to 2017)

in the cost-of-living adjustment calculation from

2026 onward.

This provision would also temporarily increase the

standard deduction by $1,000 for single filers,

$1,500 for head of household filers, and $2,000 for

married joint filers for 2025 through 2028 (not

indexed to inflation).

This provision is an extension of TCJA with

modifications.

This provision would generally apply from 2025

onward.

CRS Report RL34498, Federal

Individual Income Tax Brackets,

Standard Deduction, and

Personal Exemption: 1988 to

2025, by Brendan

McDermott.

CRS Report R48313, Overview

of the Federal Tax System in

2024, by Donald J. Marples

and Brendan McDermott.

Congressional Research Service

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Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Termination of Deduction

for Personal Exemptions

Section 110003 of the bill

Section 151 of the IRC

Before TCJA, to calculate taxable income,

taxpayers could subtract the appropriate number

of personal exemptions for themselves, their

spouse (if married), and their dependents from

their adjusted gross income (AGI). TCJA

temporarily suspended the deduction for personal

exemptions for tax years 2018 through 2025.

This provision would make permanent the TCJA’s

temporary suspension of personal exemptions

through 2025.

This provision is an extension of TCJA with no or

minor modifications.

This provision would apply from 2026 onward.

CRS Report RL34498, Federal

Individual Income Tax Brackets,

Standard Deduction, and

Personal Exemption: 1988 to

2025, by Brendan

McDermott.

CRS Report R48313, Overview

of the Federal Tax System in

2024, by Donald J. Marples

and Brendan McDermott.

Congressional Research Service

5

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Extension of Increased

Child Tax Credit and

Temporary Enhancement

Section 110004 of the bill

Sections 24 of the IRC

The child tax credit lets taxpayers reduce their

federal income tax liability by a maximum credit

amount of $2,000 per child. Taxpayers with little

or no federal income tax liability can potentially

receive the refundable portion of the credit, with

that portion being known as the additional child

tax credit, or ACTC.

The TCJA set the maximum child credit at $2,000

per child (it had previously been $1,000) and the

maximum ACTC at $1,700 per child (2025 figure,

adjusted for inflation). TCJA also temporarily

required the child for whom a taxpayer claims the

credit to have a work-eligible Social Security

number (SSN); created a $500 nonrefundable

credit (not adjusted for inflation) for dependents

who are not qualifying children; and raised the

income level at which the credit begins phasing

out, among other changes. All of these changes

apply through tax year 2025.

This provision would make permanent the TJCA’s

changes to the credit, raise the maximum credit to

$2,500 per child (adjusted for inflation) through

2028, index the maximum child credit to inflation

from 2029 onward, and account for one additional

year of inflation (that which occurred from 2016

to 2017) in the cost-of-living adjustment

calculation for the maximum ACTC. Whereas the

pre-TCJA credit began phasing out after $75,000

of income for single filers and $110,000 for

married couples, the TCJA reforms—which would

be made permanent in this bill—increased the

income limits to $200,000 for single filers and

$400,000 for married couples filing jointly.

This provision would also require the taxpayer to

provide a work-eligible SSN for themselves, their

spouse (if married), and the child for whom they

are claiming the credit.

The credit would generally be disallowed to those

married filing separately, with certain exceptions.

Additionally, this provision would count certain

dividend income of members of religious or

apostolic associations as earned income for

purposes of calculating the ACTC, which phases in

with earned income above $2,500.

This provision is an extension of TCJA with

modifications.

This provision would generally apply from 2025

onward.

CRS Report R41873, The

Child Tax Credit: How It Works

and Who Receives It, by

Brendan McDermott.

CRS In Focus IF12820,

Selected Issues in Tax Policy:

The Child Tax Credit, by

Brendan McDermott.

CRS Report R48312,

Noncitizen Eligibility for the

Child Tax Credit: In Brief,

coordinated by Abigail F.

Kolker.

Congressional Research Service

6

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Extension of Deduction for

Qualified Business Income

and Permanent

Enhancement

Section 110005 of the bill

Section 199A of the IRC

Pass-through business income is taxed according

to ordinary individual income tax rates. The TCJA

created a tax deduction equal to 20% of qualified

business income. The deduction is limited to the

greater of 50% of W-2 wages, or 25% of W-2

wages plus 2.5% multiplied by depreciable

property (equipment and structures).

Specified service trades or businesses (SSTBs)

generally may not claim the deduction except in

specific circumstances. The deduction limitation

and SSTB limitation do not apply if taxable income

is less than $197,300 (single) or $394,600

(married) in 2025. These limitations are phased in

over a $50,000 (single) and $100,000 (married)

range, and thus apply fully if a taxpayer's income is

at or above $247,300 (single) and $494,600

(married).

This provision would increase the deduction to

23%, modify the deduction limitation phase-ins to

reduce the deduction by $0.75 per dollar of

taxable income over the lower limitation

threshold, allow income from certain business

development companies to qualify for the

deduction, and change the inflation adjustment of

the limitation amount to account for an additional

year of inflation (2016 to 2017).

This provision is an extension of TCJA with

modifications.

This provision would apply starting after

December 31, 2025.

CRS In Focus IF11122, Section

199A Deduction for PassThrough Business Income: An

Overview, by Gary Guenther.

CRS In Focus IF12838,

Selected Issues in Tax Policy:

Section 199A Deduction for

Pass-Through Business Income,

by Mark P. Keightley

CRS Report R46402, The

Section 199A Deduction: How It

Works and Illustrative

Examples, by Gary Guenther.

CRS Report R46650, Section

199A Deduction: Economic

Effects and Policy Issues, by

Gary Guenther.

Extension of Increased

Estate and Gift Tax

Exemption Amounts and

Permanent Enhancement

Section 110006 of the bill

Sections 2010 of the IRC

Estates and gifts are taxed at 40% in excess of a

lifetime exemption. The lifetime estate and gift tax

exemption of $10 million (indexed for inflation and

currently $13.99 million) is scheduled to revert to

$5 million in 2026 (indexed for inflation and

currently projected at $7.14 million). This

provision would increase the lifetime estate and

gift exemption to $15 million per decedent who

dies after 2025. The exemption amount is indexed

for inflation.

This provision is an extension of TCJA with

modifications.

This provision would apply starting after

December 31, 2025.

CRS In Focus IF12846,

Selected Issues in Tax Reform:

The Estate and Gift Tax, by

Jane G. Gravelle

CRS Report R48183, The

Estate and Gift Tax: An

Overview, by Jane G. Gravelle

Congressional Research Service

7

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

Extension of Increased

Alternative Minimum Tax

Exemption and Phaseout

Thresholds

Section 110007 of the bill

Sections 55 of the IRC

The alternative minimum tax is imposed at fixed

rates (26% and 28%), on a broader base with a

larger exemption, and is paid if it exceeds the

regular tax. The exemption in 2025 is $137,000

for joint returns and $88,100 for single returns.

The higher rate of 28% is imposed on AMT taxable

income up to $239,000. These amounts are

indexed for inflation. These provisions will revert

to lower levels in 2026. Exemptions are projected

at $109,800 for joint returns and $70,600 for

single returns, and the 28% tax imposed at

$209,200 for joint returns and $156,900 for single

returns in that year.

This provision would make the increased individual

alternative minimum tax exemption amounts and

higher phaseout thresholds permanent.

This provision is an extension of TCJA with no or

minor modifications.

This provision would apply starting after

December 31, 2025.

Extension of Limitation on

Deduction for Qualified

Residence Interest

Section 110008 of the bill

Section 163 of the IRC

Taxpayers who itemize their deductions may

deduct interest paid on the first $750,000

($375,000 for married filing separately) of

mortgage debt (combined for first and second

homes). No deduction is allowed for interest

payments made for new or existing home equity

debt if such debt is used for purposes unrelated to

the property securing the loan. The limitation

applies to new loans incurred from December 15,

2017, through December 31, 2025.

Taxpayers with mortgage debt incurred outside of

that window and who itemize their deductions

may deduct interest on the first $1 million

($500,000 for married filing separately) of

combined mortgage debt. No deduction is allowed

for interest payments made for new or existing

home equity debt if such debt is used for purposes

unrelated to the property securing the loan.

This provision would make the lower mortgage

debt thresholds for new loans incurred after

December 15, 2017, permanent.

This provision is an extension of TCJA with no or

minor modifications.

This provision would apply starting after

December 31, 2025.

Congressional Research Service

CRS Resources

CRS In Focus IF12789,

Selected Issues in Tax Policy:

The Mortgage Interest

Deduction, by Mark P.

Keightley.

CRS Report R46429, An

Economic Analysis of the

Mortgage Interest Deduction,

by Mark P. Keightley.

CRS Report R46685, An

Analysis of the Geographic

Distribution of the Mortgage

Interest Deduction: Before and

After the 2017 Tax Revision

(P.L. 115-97), by Mark P.

Keightley.

8

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Extension of Limitation on

Casualty Loss Deduction

Section 110009 of the bill

Section 165 of the IRC

Taxpayers who itemize their deductions can

generally claim a deduction for uncompensated

personal casualty and theft losses, subject to

limitations.

This provision would make permanent the TCJA’s

limitation of this deduction to only losses

associated with a disaster declared by the

President under Section 401 of the Robert T.

Stafford Disaster Relief and Emergency Assistance

Act, which applies through 2025 under current

law.

This provision is an extension of TCJA with no or

minor modifications.

This provision would apply from 2026 onward.

CRS In Focus IF12574, The

Nonbusiness Casualty and Theft

Loss Deduction, by Brendan

McDermott.

Termination of

Miscellaneous Itemized

Deduction

Section 110010 of the bill

Section 67 of the IRC

The TCJA temporarily suspended the itemized

deduction for miscellaneous expenses for tax

years 2018 through 2025. Prior to enactment of

the TCJA, individuals who itemized their

deductions could deduct miscellaneous expenses

to the extent that such expenses exceeded 2% of

their adjusted gross incomes (AGIs). Expenses

subject to the 2% floor generally related to the

costs of accruing income or undertaking certain

financial transactions. Such expenses included

unreimbursed job expenses, home office expenses,

investment management fees, tax preparation fees,

convenience fees for debit and credit cards, dues

paid to a professional society or labor union, and

certain other expenses.

This provision would make the suspension of

miscellaneous itemized deductions permanent,

effectively repealing these deductions.

This provision is an extension of TCJA with no or

minor modifications.

This provision would apply to taxable years

beginning after December 31, 2025.

CRS Insight IN11119,

Unreimbursed Employee Job

Expenses and the Suspension of

the Miscellaneous Itemized

Deduction, by Gary Guenther.

CRS Report R42872, Tax

Deductions for Individuals: A

Summary, by Sean Lowry.

Congressional Research Service

9

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Limitation on Tax Benefit

of Itemized Deductions

Section 110011 of the bill

Section 68 of the IRC

Congressional Research Service

Individual taxpayers may claim itemized deductions

in place of the standard deduction. Itemized

deductions are specific “items” that taxpayers may

choose to deduct from their taxable incomes.

Itemized deductions are typically based on

taxpayer expenses, so for normal income tax

filings, only taxpayers with itemized expenses in

excess of the standard deduction will benefit from

itemizing their deductions.

The TCJA repealed the Pease limitation on overall

itemized deductions. Prior to the enactment of the

TCJA, the Pease limitation reduced a taxpayer’s

total itemized deductions amounts by 3% of the

difference between the taxpayer’s adjusted gross

income (AGI) and a threshold amount ($261,500

for single filers and $313,800 for married couples

in 2017). The Pease limitation was not allowed to

reduce a taxpayer’s itemized deductions more

than 80%, and it did not apply to the deductions

for wagering losses, casualty and theft losses, outof-pocket medical and dental expenses, or

investment interest.

This provision would modify the Pease limitation

so that it would differ from both pre-TCJA law

(full Pease limitation) and the TCJA (no Pease

limitation).

The provisions would treat deductions claimed

under IRC section 164 differently from other

itemized deductions. IRC section 164 describes

deductions for certain tax payments, including

deductions for SALT payments and generationskipping transfer (GST) taxes.

Under the provision, taxpayers with taxable

incomes above the income cutoff for the top 37%

marginal tax bracket would have their section 164

itemized deductions reduced by 5/37ths. For

taxpayers with AGIs above the cutoff but taxable

incomes below the cutoff, section 164 itemized

deductions would be reduced by 5/37ths of the

excess section 164 deductions above the top 37%

marginal tax bracket income cutoff.

Taxpayers with taxable incomes above the income

cutoff for the top 37% marginal tax bracket would

have their other itemized deductions reduced by

2/37ths. If a taxpayer has (1) an AGI above the

cutoff, (2) a level of taxable income below the

cutoff, and (3) a combination of AGI and section

164 deductions above the income cutoff, then the

taxpayer’s other itemized deductions are reduced

by 2/37ths. For taxpayers with (1) AGIs above the

cutoff, (2) taxable incomes below the cutoff, and

(3) a combination of AGI and section 164

deductions below the income cutoff, then the

taxpayer’s other itemized deductions would be

reduced by 2/37ths of the excess other itemized

deductions above the top 37% marginal tax

bracket income cutoff.

This provision is applied after the application of

any other limitations on specific itemized

CRS Insight IN12517, Selected

Issues in Tax Reform: Itemized

Deductions, by Nicholas E.

Buffie.

CRS In Focus IF11091, 2019

Tax Filing Season (2018 Tax

Year): Itemized Deductions, by

Sean Lowry.

CRS Report R43012, Itemized

Tax Deductions for Individuals:

Data Analysis, by Sean Lowry.

CRS Report R42872, Tax

Deductions for Individuals: A

Summary, by Sean Lowry.

CRS In Focus IF12893,

Selected Issues in Tax Reform:

The Deduction for State and

Local Taxes, by Grant A.

Driessen.

CRS Report R46246, The

SALT Cap: Overview and

Analysis, by Grant A.

Driessen.

CRS Report R48183, The

Estate and Gift Tax: An

Overview, by Jane G. Gravelle.

10

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

deductions, such as limitations on the SALT

deduction, the charitable contributions deduction,

and the medical and dental expenses deduction.

This provision is an extension of TCJA with

modifications.

This provision would apply to all tax years starting

in tax year 2026.

Termination of Qualified

Bicycle Commuting

Reimbursement Exclusion

Section 110012 of the bill

Section 132 of the IRC

Before the enactment of the TCJA, individuals

could deduct up to $20 per month of qualified

employer reimbursements for bicycle commuting

expenses from their taxable wages (potentially

lowering both their income taxes and their payroll

taxes). The TCJA began counting such

reimbursements as taxable wage income for the

employee; however, the employers providing such

reimbursement may count it as a deductible

business expense and thereby decrease their tax

payments.

This provision would permanently extend the

suspension of the qualified bicycle commuting

reimbursement exclusion, effectively repealing it.

This provision is an extension of TCJA with no or

minor modifications.

This provision would apply to taxable years

beginning after December 31, 2025.

Extension of Limitation on

Exclusion and Deduction

for Moving Expenses

Section 110013 of the bill

Sections 132 and 217 of the

IRC

Prior to the enactment of the TCJA, all

taxpayers—including taxpayers claiming the

standard deduction and taxpayers itemizing their

deductions—could deduct moving expenses from

their taxable incomes if the purpose of the move

was to relocate for work. The deduction was

subject to certain restrictions based on the

individual's employment status and the distance of

the move, though these restrictions did not apply

to members of the Armed Forces. The TCJA

suspended this deduction for tax years 2018-2025

for all taxpayers except for members of the

Armed Forces.

This provision would permanently extend the

suspension of the exclusion and deduction for

moving expenses, effectively permanently limiting

the deduction to members of the Armed Forces.

This provision is an extension of TCJA with no or

minor modifications.

This provision would apply to taxable years

beginning after December 31, 2025.

Congressional Research Service

11

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

Extension of Limitation on

Wagering Losses

Section 110014 of the bill

Section 165 of the IRC

Under current law, taxpayers with gambling

income may be able to deduct gambling losses

from that income. Casual gamblers may only

deduct losses from the gambling activity itself

(such as losing bets) up to the amount of gambling

income, and only if the taxpayer itemizes

deductions. Professional gamblers may additionally

claim other allowable business deductions (such as

the cost of travel), but all deductions together

(gambling losses and business deductions) are

limited by the amount of gambling income.

This provision would permanently extend the

limitation on gambling losses for professional

gamblers.

This provision is an extension of TCJA with no or

minor modifications.

This provision would apply starting after

December 31, 2025.

Extension of Increased

Limitation on

Contributions to ABLE

Accounts and Permanent

Enhancement

Section 110015 of the bill

Section 529A of the IRC

ABLE accounts are tax-advantaged savings

accounts for qualifying individuals with disabilities

(“designated beneficiaries”). Generally, an ABLE

account cannot receive aggregate contributions in

a given year in excess of the annual gift tax

exemption, which is $19,000 in 2025.

The TCJA allowed designated beneficiaries who

are employed to contribute to their ABLE account

an additional amount above the annual gift-tax

exclusion through 2025. This additional amount is

the lesser of (1) the applicable federal poverty

level for a one-person household in the prior year,

or (2) the beneficiary’s compensation for the year.

A beneficiary cannot contribute this additional

amount for the year if any contribution is made on

their behalf to certain defined contribution plans.

This provision would make permanent the TCJA’s

additional contribution amount. It would also

increase the standard contribution limit, currently

the gift tax exclusion, by calculating it as the level

of the gift tax exclusion adjusted to account for

one additional year of inflation (that occurred

from 1996 to 1997).

This provision is an extension of TCJA with

modifications.

This provision would apply from 2026 onward.

Congressional Research Service

CRS Resources

CRS In Focus IF10363,

Achieving a Better Life

Experience (ABLE) Programs, by

William R. Morton and

Kirsten J. Colello.

CRS Report R47492, TaxAdvantaged Savings Accounts:

Overview and Policy

Considerations, by Brendan

McDermott.

12

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Extension of Savers Credit

Allowed for ABLE

Contributions

Section 110016 of the bill

Section 25B of the IRC

The Savers Credit is a nonrefundable credit of up

to $1,000 for those who make qualifying

contributions to specific savings vehicles such as

qualifying retirement accounts. The TCJA let

designated beneficiaries of ABLE accounts claim

the saver’s credit for qualifying contributions to

their ABLE accounts through 2025. Lawmakers

scheduled the saver’s credit to expire from 2027

onward, when a new benefit, a “Saver’s Match,”

would take effect (P.L. 117-328), for which

contributions to ABLE accounts would not qualify

under current law.

This provision makes permanent the TCJA’s

allowance of the saver’s credit to ABLE account

beneficiaries. As such, from 2027 onward, only

contributions to ABLE accounts by ABLE account

designated beneficiaries would qualify for the

saver’s credit.

This provision is an extension of TCJA with

modifications.

This provision would apply from 2026 onward.

CRS In Focus IF10363,

Achieving a Better Life

Experience (ABLE) Programs, by

William R. Morton and

Kirsten J. Colello.

CRS In Focus IF11159, The

Retirement Savings Contribution

Credit and the Saver’s Match,

by Brendan McDermott.

CRS Report R47492, TaxAdvantaged Savings Accounts:

Overview and Policy

Considerations, by Brendan

McDermott.

Extension of Rollovers

from Qualified Tuition

Programs to ABLE

Accounts Permitted

Section 110017 of the bill

Section 529 of the IRC

This provision would make permanent the TCJA’s

allowance of tax-free rollovers from a qualified

tuition plan (also known as a “529 plan”) account

to an ABLE account, subject to the standard ABLE

account contribution limit, provided that the

accounts have the same designated beneficiary (or

the designated beneficiaries of the two accounts

are members of the same family). Under current

law, this provision is in effect through 2025.

This provision is an extension of TCJA with no or

minor modifications.

This provision would apply from 2026 onward.

CRS In Focus IF10363,

Achieving a Better Life

Experience (ABLE) Programs, by

William R. Morton and

Kirsten J. Colello.

CRS Report R47492, TaxAdvantaged Savings Accounts:

Overview and Policy

Considerations, by Brendan

McDermott.

Congressional Research Service

13

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

Extension of Treatment of

Certain Individuals

Performing Services in the

Sinai Peninsula and

Enhancement to Include

Additional Areas

Section 110018 of the bill

Sections 2, 112, 692, 2201,

3401, 4253, 6013, and

7508 of the IRC

Under current law, members of the Armed Forces

serving in a combat zone (and their families) are

entitled to several tax benefits, including certain

exemptions from income, payroll, and estate taxes,

and an extension of certain tax deadlines.

Typically, an area must be designated as a combat

zone by the President by executive order under

Section 112 for these tax benefits to apply. TCJA

created a temporary statutory presumption that

military duty performed in the Sinai Peninsula is in

a combat zone.

This provision would extend this statutory

presumption that military duty performed in the

Sinai Peninsula is in a combat zone. It would also

extend similar treatment to military duty

performed in Kenya, Mali, Burkina Faso, and Chad.

These extensions would be permanent, as long as

any member of the Armed Forces is entitled to

special pay for duty subject to hostile fire or

imminent danger in that location.

This provision is an extension of TCJA with

modifications.

This provision would apply starting on January 1,

2026.

Extension of Exclusion

from Gross Income of

Student Loans Discharged

on Account of Death or

Disability

Section 110019 of the bill

Section 108 of the IRC

Under current law, taxpayers can exclude all

discharged student loans from income through

2025.

This provision would permanently extend the

TCJA’s exclusion from gross income of student

loans discharged due to the death or total

disability of the student, but would not extend the

general exclusion, which was added after the

TCJA. It would also require that the student (and

their spouse, if married filing jointly) have a workeligible Social Security number to qualify.

This provision is an extension of TCJA with

modifications.

This provision would apply from 2026 onward.

Congressional Research Service

CRS Resources

CRS Report R41967, Higher

Education Tax Benefits: Brief

Overview and Budgetary Effects,

by Margot L. Crandall-Hollick

and Brendan McDermott.

14

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Part 2—Additional Tax Relief for American Families and Workers

No Tax on Tips

Section 110101 of the bill

New Section 224 of the IRC

Congressional Research Service

This provision would create a new income tax

deduction for qualified tip income. Qualified tip

income would be cash tips received through work

in an occupation that traditionally and customarily

receives tips. Such tips must be paid voluntarily,

determined by the payor, and not subject to

negotiation, among other rules. Tips earned by

non-employee workers (such as independent

contractors) could qualify to the extent they

exceed the cost of goods sold and other expenses,

losses, or deductions allocable to the service

provided. Taxpayers could not claim the deduction

if they receive earned income in excess of the

highly compensated employee threshold ($160,000

in 2025) or if they work in a specified service

trade or business for purposes of the qualified

business income deduction. Tip income used to

claim this deduction could not also be used to

claim the qualified business income deduction.

The deduction would only be available to

taxpayers if they (and their spouses, if married

filing jointly) have work-eligible SSNs, and would

generally be disallowed to those married filing

separately, with exceptions. The provision would

only be available if tips are reported separately

from other income on an information return.

Taxpayers could claim this deduction in addition

to the standard deduction.

The deduction would effectively exempt qualified

income from income tax. However, that tip

income would still be subject to payroll taxes

(such as for Social Security and Medicare hospital

insurance).

Under permanent law, food and beverage

businesses at which tipping is customary can

receive a credit (the “tip credit”) against their

income tax liability for payroll taxes paid on tips

exceeding the amount needed to meet a wage of

$5.15 per hour for each tipped employee. This

provision would extend the tip credit to certain

beauty service businesses, and would calculate it in

such industries based on the tips needed to meet

the federal minimum wage during the month in

which the tips were received.

This provision would apply from 2025 through

2028.

CRS In Focus IF12728,

Taxation of Tip Income, by

Brendan McDermott.

15

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

No Tax on Overtime

Section 110102 of the bill

New Section 225 of the IRC

This provision would create a new income tax

deduction for qualified overtime compensation,

meaning the additional 50% of the regular rate of

pay that employers must pay for overtime under

Section 7 of the Fair Labor Standards Act.

Qualified overtime compensation would not

include the regular rate of pay, any qualified tip

income, or income received by highly

compensated employees.

The deduction would only be available to

taxpayers if they (and their spouse, if married)

have work-eligible SSNs and would generally be

disallowed to those married filing separately, with

exceptions. Claimants must have qualified

overtime compensation accounted for separately

on information returns. Taxpayers could claim this

deduction in addition to the standard deduction.

Qualified overtime compensation would still be

subject to payroll taxes (such as for Social Security

and Medicare hospital insurance).

This provision would apply from 2025 through

2028.

CRS Report R42713, The Fair

Labor Standards Act (FLSA): An

Overview, by Sarah A.

Donovan.

Enhanced Deduction for

Seniors

Section 110103 of the bill

Section 63 of the IRC

Currently, taxpayers who are blind or aged 65 and

older can receive an additional standard deduction.

In 2025, this current additional deduction is $1,600

per qualifying individual for those married filing

jointly for whom both spouses are blind or elderly,

and $2,000 for qualifying taxpayers who are

unmarried and not surviving spouses.

This provision would increase the additional

standard deduction for the blind and elderly by

$4,000 per qualifying individual (not adjusted for

inflation). This additional amount would decrease

by 4% of the amount by which a taxpayer’s

modified adjusted gross income exceeds $75,000

($150,000 for those married filing jointly). The

increase to the additional deduction would only be

available to taxpayers if they (and their spouses, if

married filing jointly) have work-eligible SSNs.

Unlike the current additional deduction, this

additional deduction would also be available to

taxpayers who itemize their deductions.

This provision would apply from 2025 through

2028.

CRS Report RL34498, Federal

Individual Income Tax Brackets,

Standard Deduction, and

Personal Exemption: 1988 to

2025, by Brendan

McDermott.

CRS Report R48313, Overview

of the Federal Tax System in

2024, by Donald J. Marples

and Brendan McDermott.

Congressional Research Service

16

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

No Tax on Car Loan

Interest

Section 110104 of the bill

Section 163 of the IRC

This provision would provide an above-the-line

deduction for up to $10,000 of interest paid on

indebtedness incurred after December 31, 2024,

and used to purchase a car, minivan, van, SUV,

pickup truck, motorcycle, ATV, or RV the final

assembly of which occurs within the United States.

The deduction would phase out at a rate of $200

for each $1,000 of modified adjusted gross income

above $100,000 (or $200,000 if married filing

jointly).

This provision would be available for tax years

2025 through 2028.

Enhancement of EmployerProvided Child Care

Credit

Section 110105 of the bill

Section 45F of the IRC

Under current law, employers that offer child care

services to employees can claim a tax credit of up

to $150,000. The credit is worth 25% of qualified

child care expenditures plus 10% of qualified child

care resource and referral service expenditures.

This provision would raise the maximum credit to

$500,000 ($600,000 in the case of an eligible small

business; both figures adjusted for inflation) and

the credit rate for child care expenditures to 40%

(50% in the case of an eligible small business).

The provision would also make expenses to thirdparty intermediaries that contract with child care

facilities qualified child care expenditures.

Additionally, expenditures on child care facilities

that are jointly owned by the taxpayer and others

would newly qualify for the credit.

This provision would apply from 2026 onward.

Congressional Research Service

CRS Resources

CRS In Focus IF12379, The

45F Tax Credit for EmployerProvided Child Care, by

Brendan McDermott, Margot

L. Crandall-Hollick, and

Conor F. Boyle.

17

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Extension and

Enhancement of Paid

Family and Medical Leave

Credit

Section 110106 of the bill

Section 45S of the IRC

Under current law, employers can receive a tax

credit for paid leave wages paid to certain

employees. The credit is 12.5% of paid leave wages

if the wages are 50% of the employee’s usual

wages, increasing up to 25% of paid leave wages

for 100% wage replacement. Only paid leave wages

paid to employees who worked for the employer

for one year with wages at or below $93,000 in

2024 (the amount adjusts each year) qualify. The

employer’s policy must cover all eligible

employees, including part-time workers who only

work a few hours a week, and meet minimum

benefits requirements. Benefits paid pursuant to a

state or local government requirement are

disregarded for both the credit amount and the

minimum benefits requirement, which means

employers in areas with paid leave requirement

laws would be unlikely to qualify for the credit,

even if they provide benefits above the legal

minimum.

This provision would permanently extend the

credit while making several changes. It would allow

employers to apply premiums paid on a paid leave

insurance policy toward the credit, regardless of

whether an employee claimed leave under that

policy that year. It would allow benefits required

by a state or local government to apply toward

meeting the minimum benefits requirement, but

not toward the amounts paid for calculating the

credit. Leave wages paid to employees who only

worked for their employer for six months could

qualify at the employer’s choice. Part-time

employees would be eligible employees required

to be covered by the policy only if the employee

customarily works at least 20 hours per week.

This provision is an extension of TCJA with

modifications.

This provision would apply starting after

December 31, 2025.

CRS In Focus IF11141,

Employer Tax Credit for Paid

Family and Medical Leave, by

Anthony A. Cilluffo

CRS Report R44835, Paid

Family and Medical Leave in the

United States, by Sarah A.

Donovan

Enhancement of Adoption

Credit

Section 110107 of the bill

Section 23 of the IRC

In 2025, taxpayers can receive a nonrefundable tax

credit equal to their qualifying adoption expenses.

In 2025, the maximum adoption tax credit is

$17,280 per adoption (adjusted for inflation).

This provision would make up to $5,000 (adjusted

for inflation) of the credit refundable.

This provision would apply from 2025 onward.

CRS Report R44745, Adoption

Tax Benefits: An Overview, by

Margot L. Crandall-Hollick.

Congressional Research Service

18

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Recognizing Indian Tribal

Governments for Purposes

of Determining Whether a

Child Has Special Needs

for Purposes of the

Adoption Credit

Section 110108 of the bill

Section 23 of the IRC

Under current law, if a state welfare agency (but

not an Indian tribal government agency)

determines that a child meets the definition of

having special needs, the adoptive parents qualify

for the maximum adoption tax credit regardless of

actual adoption expenses.

This provision would let Indian tribal governments

make special needs determinations for purposes of

the adoption tax credit.

This provision would apply from 2025 onward.

CRS Report R44745, Adoption

Tax Benefits: An Overview, by

Margot L. Crandall-Hollick.

Scholarship-Granting

Organizations

Section 110109 of the bill

New Sections 25F and 139J

of the IRC

This provision would create a nonrefundable

income tax credit for charitable contributions

made by a taxpayer to scholarship-granting

organizations. Scholarship-granting organizations

must be tax-exempt, may not be private

foundations, and must devote substantially all of

their activities to the provision of scholarships for

elementary and secondary education expenses for

eligible students, defined as individuals who are

part of a household with an annual income less

than 300% of the area median gross income and

who are eligible to enroll in a public elementary or

secondary school. Any contribution that receives a

credit may not also be claimed as a charitable

contribution through IRC Section 170.

Credit amounts may not exceed $5,000 or 10% of

a taxpayer’s aggregate gross income. The credit

may be claimed against regular and alternative

minimum tax income.

Credit amounts are allocated by the Secretary of

Treasury, generally on a first-come, first-serve

basis, and subject to an annual, nationwide volume

cap. The volume cap is set to $5 billion in each

year from 2026 through 2029 and $0 in each

subsequent year. Ten percent of the annual

volume cap would be divided evenly among the

states, with individuals residing in a state eligible

for that portion of the cap. The cap would be

increased by 5% of the specified level in the year

after a year where more than 90% of the cap was

allocated.

Scholarships provided by scholarship-granting

organizations would be excluded from income by

the taxpayer claiming the recipient as a dependent.

Additionally, the provision also includes

prohibitions on using this provision to control

scholarship-granting organizations, the actions or

participation of nonpublic (including faith-based)

schools in the program, and a right for any parent

of an eligible student to intervene in any state or

federal court case challenging the constitutionality

of this provision.

The provision would apply starting after

December 31, 2025, although the volume cap for

allocation of the credit is $0 for years after 2029.

CRS Report R45922, Tax

Issues Relating to Charitable

Contributions and

Organizations, by Jane G.

Gravelle, Donald J. Marples,

and Molly F. Sherlock

Congressional Research Service

19

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Additional Elementary,

Secondary, and Home

School Expenses Treated

as Qualified Higher

Education Expenses for

Purposes of 529 Accounts

Section 110110 of the bill

Section 529 of the IRC

Current law allows families to save for education

using tax-advantaged qualified tuition programs, as

provided for in Section 529 of the IRC (also

known as 529 plans). Up to $10,000 per

beneficiary per year may be withdrawn and used

for tuition at an elementary or secondary school.

Withdrawals for expenses that do not qualify are

subject to tax plus a 10% penalty tax.

This provision would expand the list of eligible

expenses to cover curricular materials, books or

other instructional materials, online education

materials, tutoring materials, home school

expenses, fees for certain tests, and fees for dual

enrollment in institutions of higher education.

The provision is effective for distributions made

after the date of enactment.

CRS Report R42807, TaxPreferred College Savings Plans:

An Introduction to 529 Plans, by

Brendan McDermott.

Certain Postsecondary

Credentialing Expenses

Treated as Qualified

Higher Education Expenses

for Purposes of 529

Accounts

Section 110111 of the bill

Section 529 of the IRC

Current law allows families to save for education

using tax-advantaged qualified tuition programs, as

provided for in Section 529 of the IRC (also

known as 529 plans). Withdrawals for expenses

that do not qualify are subject to a 10% penalty.

This provision would expand the list of eligible

expenses to include qualified postsecondary

credentialing expenses, defined as tuition, fees,

books, and other supplies required for enrollment

or attendance in a program designed to provide

certain qualified postsecondary employment

credentials.

The provision is effective for distributions made

after the date of enactment.

CRS Report R42807, TaxPreferred College Savings Plans:

An Introduction to 529 Plans, by

Brendan McDermott.

Reinstatement of Partial

Deduction for Charitable

Contributions of

Individuals Who Do Not

Elect to Itemize

Section 110112 of the bill

Section 170 of the IRC

Under current law, taxpayers generally may only

deduct charitable contributions if they itemize

their deductions. Most taxpayers do not itemize

deductions, so few taxpayers are able to deduct

charitable contributions. A limited deduction for

taxpayers who do not itemize was available in

2020 and 2021 only.

This provision would create a limited deduction

for charitable contributions for taxpayers who do

not itemize deductions. Married filing jointly

taxpayers may deduct up to $300, while all other

taxpayers may deduct up to $150.

This provision would apply for tax years 2025

through 2028.

CRS Report R45922, Tax

Issues Relating to Charitable

Contributions and

Organizations, by Jane G.

Gravelle, Donald J. Marples,

and Molly F. Sherlock.

Congressional Research Service

20

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Exclusion for Certain

Employer Payments of

Student Loans Under

Educational Assistance

Programs Made Permanent

and Adjusted for Inflation

Section 110113 of the bill

Section 127 of the IRC

Under current law, up to $5,250 in annual qualified

educational assistance may be excluded from

taxable income by both the employee and the

employer. Qualifying assistance includes tuition,

fees, books, supplies, equipment, and principal or

interest on a qualified educational loan. Only

student loan payments made before January 1,

2026, qualify as educational assistance.

This provision would allow student loan payments

made after December 31, 2025, to qualify as an

eligible education assistance expense. The

proposal would also inflation adjust the maximum

exclusion amount for all qualified educational

assistance for years beginning in 2027.

The provision is effective for payments made after

December 31, 2025.

CRS Report R41967, Higher

Education Tax Benefits: Brief

Overview and Budgetary Effects,

by Margot L. Crandall-Hollick

and Brendan McDermott

Extension of Rules for

Treatment of Certain

Disaster-Related Personal

Casualty Losses

Section 110114 of the bill

Section 165 of the IRC

Under permanent law, the nonbusiness casualty

and theft loss deduction is available only to those

who itemize deductions; only to the extent each

casualty exceeds $100; and only to the extent the

deduction exceeds 10% of adjusted gross income

(AGI).

This provision would retroactively extend an

expansion of the deduction implemented by P.L.

116-260. Under that expansion, taxpayers could

take the casualty deduction in addition to the

standard deduction, without the 10% of AGI

limitation, and with the per-casualty limitation

raised from $100 to $500.

Losses could qualify if they resulted from a major

disaster that began between December 28, 2019,

and the date of enactment, and for which the

President declared a major disaster between

January 1, 2020, and 60 days after the date of

enactment. P.L. 118-148 previously extended this

expansion through December 12, 2024, meaning

this provision would in practice apply to casualties

from major disasters beginning since that date.

This provision would apply from December 12,

2024, through the date of enactment.

CRS In Focus IF12574, The

Nonbusiness Casualty and Theft

Loss Deduction, by Brendan

McDermott.

CRS Report R45864, Tax

Policy and Disaster Recovery, by

Brendan McDermott and

Jennifer Teefy.

Congressional Research Service

21

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Trump Accounts

Section 110115 of the bill

New Section 530A and

existing Sections 1, 4973,

6103 and 6693 of the IRC

This provision would create a new type of taxadvantaged savings account for young people,

called a Trump account. The account must be

established before the beneficiary reaches eight

years of age. Contributors may contribute up to

$5,000 per year (this amount is adjusted annually

for inflation) in cash (not assets such as stocks)

until the beneficiary is age 18, starting in 2026.

Distributions are not allowed before the

beneficiary turns age 18, and no more than half of

the balance at age 18 may be distributed before

age 25. The account must be invested in a

diversified index fund of U.S. stocks and must

minimize fees and expenses. Upon distribution for

an eligible purpose, the portion of the distribution

related to the contribution is exempt from tax,

and the portion of the distribution related to

earnings on investments is taxed at capital gains

rates.

Eligible uses include higher education expenses,

certain credential expenses, certain small business

expenses, and first-time homebuyer expenses. Any

distributions for a non-eligible use are taxed at

ordinary tax rates and may be subject to a 10%

penalty. The account terminates when the

beneficiary turns age 31, and the full amount is

considered distributed and is taxed at ordinary tax

rates, but is not subject to the 10% penalty. The

individual establishing the account (likely a parent,

grandparent, or guardian) and the beneficiary (the

child) must both provide Social Security numbers.

The government would be required to establish a

program where a 501(c) tax-exempt organization

may contribute to the accounts of a large number

of unrelated children, such as all children in a

certain community.

This provision would apply after December 31,

2024.

CRS Report R47492, TaxAdvantaged Savings Accounts:

Overview and Policy

Considerations, by Brendan

McDermott.

Trump Accounts

Contribution Pilot Program

Section 110116 of the bill

New Sections 6434 and

6659 and existing Section

6213 of the IRC

This provision would create a new one-time tax

credit of $1,000 for each qualifying child that

would be contributed to the Trump account

established by Section 110115 of the bill. If the

child does not already have a Trump account, the

government would choose an account trustee (a

company that maintains the account) and open a

Trump account on the child’s behalf. To be eligible

for the one-time tax credit, the child must be born

from 2025 to 2028 and be a U.S. citizen at birth.

Additionally, the taxpayer claiming the child, the

taxpayer’s spouse (if applicable), and the child all

need to have a Social Security number. The

provision would also establish penalties for

improper claims for the credit.

This provision would apply after December 31,

2024.

CRS Report R47492, TaxAdvantaged Savings Accounts:

Overview and Policy

Considerations, by Brendan

McDermott.

Congressional Research Service

22

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Part 3—Investing in Health of American Families and Workers

Treatment of Health

Reimbursement

Arrangements Integrated

with Individual Market

Coverage

Section 110201 of the bill

Section 9815 of the IRC

A health reimbursement arrangement (HRA) is a

tax-advantaged arrangement that reimburses

individuals for qualified health care costs. The

payments are not subject to individual income and

payroll taxes. Regulations issued in 2019 permitted

individual coverage health reimbursement

arrangements (ICHRAs), which can be used to

purchase individual market health insurance

policies without violating the rules regarding

employer group health plans.

This provision would establish custom health

option and individual care expense (CHOICE)

arrangements, which would be a type of

arrangement that is inclusive of ICHRAs and has

features similar to those established in ICHRA

regulations.

The provision would be effective for tax years

beginning after December 31, 2025.

CRS Report R47041, Health

Reimbursement Arrangements

(HRAs): Overview and Related

History, by Ryan J. Rosso.

CRS Report R46782, A

Comparison of Tax-Advantaged

Accounts for Health Care

Expenses, by Ryan J. Rosso.

Participants in CHOICE

Arrangement Eligible for

Purchase of Exchange

Insurance Under Cafeteria

Plan

Section 110202 of the bill

Section 125 of the IRC

Cafeteria plans are salary-reduction plans that

allow employees to choose between cash

compensation and a tax-favored benefit, including

health coverage under a flexible spending

arrangement. Under current law, most employees

cannot choose to use cafeteria plans to purchase

individual insurance on the exchanges because this

benefit was limited to certain small employers

providing for health insurance in the small group

market.

This provision would allow individuals enrolled in a

CHOICE arrangement plan to also be eligible to

use a cafeteria plan to purchase individual

insurance through an exchange.

The provision would be effective for tax years

beginning after December 31, 2025.

CRS Report R46782, A

Comparison of Tax-Advantaged

Accounts for Health Care

Expenses, by Ryan J. Rosso.

Employer Credit for

CHOICE Arrangement

Section 110203 of the bill

New Section 45BB and

existing Sections 38 and

4980H of the IRC

This provision would create a tax credit for

employers of $100 per month per employee for

the first year of enrollment in a CHOICE plan and

half as much in the second year. The credit would

be available for employers with fewer than 50 full

time workers during the preceding calendar year

and 50 or more during less than 120 days if the

additional employees are seasonal workers.

The credit would be part of the general business

credit (GBC) and subject to its rules. Unused

GBCs may be carried back one year or forward up

to 20 years. Any credit not used by the end of the

20-year carry-forward period may be deducted in

its entirety in the next tax year. Employers can

take the credit against both the regular income

and alternative minimum taxes.

The provision would be effective for tax years

beginning after December 31, 2025.

Congressional Research Service

23

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Individuals Entitled to Part

A of Medicare by Reason

of Age Allowed to

Contribute to Health

Savings Accounts

Section 110204 of the bill

Section 223 of the IRC

A health savings account (HSA) is a tax-advantaged

account that individuals can use to save and pay

for unreimbursed medical expenses. Individuals are

eligible to establish and contribute to an HSA if

they have coverage under an HSA-qualified highdeductible health plan (HDHP), do not have

disqualifying coverage, and cannot be claimed as a

dependent on another person's tax return.

Individuals who are enrolled in Medicare are not

allowed to establish or contribute to their HSA,

regardless of whether they also are enrolled in an

HSA-qualified HDHP.

Account holders may make tax-free HSA

withdrawals to pay qualified medical expenses for

themselves, their spouse, or their dependents.

Two HSA withdrawal rules apply differently to

those aged 65 or older (irrespective of Medicare

enrollment) than to most individuals under the age

of 65. First, although health insurance premiums

generally are not considered an HSA-qualified

medical expense, this restriction does not apply to

individuals aged 65 years and older; these

individuals may treat any health insurance

premiums as qualified medical expenses. Second,

although withdrawals not used to pay for qualified

medical expenses must be included in an

individual's gross income and generally are subject

to a 20% penalty, the penalty does not apply if

made after an individual reaches the age of 65.

This provision would allow HSA-qualified HDHP

enrollees aged 65 and older to enroll in Medicare

Part A and retain their ability to contribute to an

HSA. While these individuals would be eligible to

contribute to an HSA, they would no longer be

able to use their HSA to pay for health insurance

premiums and they would pay a 20% penalty for

any amounts withdrawn for nonqualified medical

expenses.

This provision would apply to months beginning

after December 31, 2025.

CRS Report R45277, Health

Savings Accounts (HSAs), by

Ryan J. Rosso and Alice Y.

Choi,

CRS In Focus IF11425, Health

Savings Accounts (HSAs) and

Medicare, by Ryan J. Rosso.

Congressional Research Service

24

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Treatment of Direct

Primary Care Service

Arrangements

Section 110205 of the bill

Section 223 of the IRC

An HSA is a tax-advantaged account that

individuals can use to save and pay for

unreimbursed medical expenses. Individuals are

eligible to establish and contribute to an HSA if

they have coverage under an HSA-qualified HDHP,

do not have disqualifying coverage, and cannot be

claimed as a dependent on another person's tax

return. Account holders may make tax-free HSA

withdrawals to pay qualified medical expenses for

themselves, their spouse, or their dependents.

Health insurance premiums generally are not

considered an HSA-qualified medical expense.

Depending on the features of a direct primary care

arrangement, it may be considered disqualifying

coverage for purposes of HSA-eligibility, and may

not be a qualified medical expense for HSA

purposes.

This provision would exclude direct primary care

arrangements from being considered disqualifying

coverage. Direct primary care arrangement would be

defined as an arrangement where primary care

practitioners solely provide primary care services

and solely for a fixed periodic fee. Primary care

services would specifically exclude procedures that

require general anesthesia, prescription drugs

(other than vaccines), and laboratory services not

typically administered in an ambulatory primary

care setting. An individual’s total monthly fees for

all direct primary arrangements would not be able

to exceed $150 (or $300 if any arrangement

covers more than one person). The dollar

limitations would be adjusted for inflation. This

provision also would allow direct primary care

arrangements to be considered a qualified medical

expense.

This provision would apply to months beginning

after December 31, 2025. The inflation adjustment

would apply to taxable years beginning in a

calendar year after 2026.

CRS Report R45277, Health

Savings Accounts (HSAs), by

Ryan J. Rosso and Alice Y.

Choi.

CRS In Focus IF12818, Health

Savings Account (HSA) Qualified

Medical Expenses, by Ryan J.

Rosso.

Congressional Research Service

25

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Allowance of Bronze and

Catastrophic Plans in

Connection with Health

Savings Accounts

Section 110206 of the bill

Section 223 of the IRC

An HSA is a tax-advantaged account that

individuals can use to save and pay for

unreimbursed medical expenses. Individuals are

eligible to establish and contribute to an HSA if

they have coverage under an HSA-qualified HDHP,

do not have disqualifying coverage, and cannot be

claimed as a dependent on another person's tax

return. To be HSA qualified, an HDHP must meet

several tests: it must have a deductible above a

certain minimum threshold, it must limit out-ofpocket expenditures for covered benefits to no

more than a certain maximum threshold, and it

can cover only preventive care services and

certain insulin products before the deductible is

met.

In an individual exchange, eligible consumers can

compare and purchase nongroup insurance for

themselves and their families. Most health plans

sold through the exchanges must provide coverage

with one of four levels of actuarial value (AV),

which corresponds to an estimated percentage of

medical care costs that the plan will pay (relative

to the enrollee) and a precious metal designation.

The four AV levels are 90% for platinum, 80% for

gold, 70% for silver, and 60% for bronze.

Catastrophic plans do not meet AV requirements

and are available only to limited populations.

Metal level plans can be considered HSA-qualified

only if the generally applicable HSA-qualified

HDHP criteria are met. Catastrophic plans

currently are not considered HSA-qualified

HDHPs.

This provision would allow any bronze or

catastrophic plan available through an individual

exchange to be considered an HSA-qualified

HDHP regardless of whether it meets other HSAqualified HDHP criteria.

This provision would apply to months beginning

after December 31, 2025.

CRS Report R45277, Health

Savings Accounts (HSAs), by

Ryan J. Rosso and Alice Y.

Choi.

CRS Report R44065, Health

Insurance Exchanges and

Qualified Health Plans:

Overview and Policy Updates,

by Vanessa C. Forsberg.

Congressional Research Service

26

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

On-Site Employee Clinics

Section 110207 of the bill

Section 223 of the IRC

An HSA is a tax-advantaged account that

individuals can use to save and pay for

unreimbursed medical expenses. Individuals are

eligible to establish and contribute to an HSA if

they have coverage under an HSA-qualified HDHP,

do not have disqualifying coverage, and cannot be

claimed as a dependent on another person's tax

return. An on-site employee clinic would be

considered disqualifying coverage if it provides

significant medical care beyond disregarded

coverage (e.g., coverage [through insurance or

otherwise] for accidents, disability, vision care,

dental care) and preventive care.

This provision would exclude from disqualifying

coverage qualified items and services received at a

healthcare facility located at a site that is owned or

leased by the individual’s (or their spouse’s)

employer or provided at a healthcare facility

operated primarily for the benefit of the

individual’s (or their spouse’s) employer. Qualified

items and services would be defined as physical

examinations, immunizations, drugs or biologicals

(other than a prescribed drug), treatment for

injuries occurring in the course of employment,

certain preventive care for chronic conditions,

drug testing, and hearing or vision screening and

related services.

This provision would apply to months in taxable

years beginning after December 31, 2025.

CRS Report R45277, Health

Savings Accounts (HSAs), by

Ryan J. Rosso and Alice Y.

Choi.

Congressional Research Service

27

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Certain Amounts Paid for

Physical Activity, Fitness,

and Exercise Treated as

Amounts Paid for Medical

Care

Section 110208 of the bill

Section 223 of the IRC

An HSA is a tax-advantaged account that

individuals can use to save and pay for

unreimbursed medical expenses for themselves,

their spouse, or their dependents. HSA qualified

medical expenses include most items and services

that would be considered medical care for the

medical and dental expenses itemized deduction,

as described in IRC Section 213(d), menstrual care

products, and over-the-counter medications and

drugs without a prescription. Personal expenses

that are merely beneficial to the general health of

the individual, such as gym memberships, generally

would not be considered an HSA-eligible expense.

This provision would expand the definition of

HSA-qualified medical expenses to include up to

$500 (or $1,000 for joint or head of household

returns) in qualified sports and fitness expenses, with

a monthly limit that is 1/12 of that amount. The

dollar limitations would be annually adjusted for

inflation. Qualified sports and fitness expenses would

be defined as amounts paid for the sole purpose of

participating in a physical activity, including

membership at a specified type of fitness facility

and participation or instruction in physical exercise

or physical activity. It would not include amounts

paid for one-on-one personal training; remote or

virtual instructions (unless the instruction is live);

videos, books, or similar materials; one-day fitness

facility memberships; or single sessions of physical

activities or exercise.

This provision would apply to taxable years

beginning after December 31, 2025. The inflation

adjustment would apply to taxable years beginning

in a calendar year after 2026.

CRS Report R45277, Health

Savings Accounts (HSAs), by

Ryan J. Rosso and Alice Y.

Choi.

CRS In Focus IF12818, Health

Savings Account (HSA) Qualified

Medical Expenses, by Ryan J.

Rosso.

Congressional Research Service

28

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Allow Both Spouses to

Make Catch-up

Contributions to the Same

Health Savings Account

Section 110209 of the bill

Section 223 of the IRC

An HSA is a tax-advantaged account that

individuals can use to save and pay for

unreimbursed medical expenses for themselves,

their spouse, or their dependents. Spouses are

prevented from having joint HSA accounts. If both

spouses are HSA-eligible and at least one spouse is

covered by a family coverage HSA-eligible HDHP,

then the collective maximum HSA contribution

amount that the couple can make is to be split

evenly between the spouses' HSAs, unless both

agree on a different division. For those aged 55 or

older, the maximum annual amount an individual

can contribute to his or her HSA is increased by

$1,000 (i.e., a catch-up contribution). If both

spouses are aged 55 or older and eligible to make

these catch-up contributions, each spouse must

make such a contribution to his or her own

account; one spouse cannot make catch-up

contributions to his or her own HSA on behalf of

the other spouse.

This provision would allow HSA-eligible spouses

to agree to a different division of catch-up

contributions between the spouses’ HSAs in

situations where at least one spouse is covered by

a family coverage HSA-eligible HDHP and both

spouses are aged 55 or older. In other words,

eligible spouses would no longer be required to

make catch-up contributions into their own HSAs.

This provision would apply to taxable years

beginning after December 31, 2025.

CRS Report R45277, Health

Savings Accounts (HSAs), by

Ryan J. Rosso and Alice Y.

Choi.

Congressional Research Service

29

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

FSA and HRA

Terminations or

Conversions to Fund HSAs

Section 110210 of the bill

Sections 106, 223, and 6051

of the IRC

Congressional Research Service

An HSA is a tax-advantaged account that

individuals can use to save and pay for

unreimbursed medical expenses. In 2025, the

maximum annual contribution limit is $4,300 for

self-only coverage and $8,550 for family coverage.

These amounts are adjusted for inflation annually.

In addition, account holders who are at least 55

years of age may contribute an additional catch-up

contribution of $1,000 each year, which is not

indexed for inflation.

Health flexible spending arrangements (FSAs) are

employer-established benefits that reimburse

employees for certain medical expenses. Health

reimbursement arrangements (HRAs) are

employer-established accounts that can be used to

pay or reimburse employees and/or former

employees for qualified medical expenses,

including (in some instances) health insurance

premiums.

Individuals cannot retain the ability to contribute

to an HSA if they are enrolled in both an HSAeligible HDHP and disqualifying coverage.

Disqualifying coverage generally is considered any

health plan that is not an HDHP and that provides

coverage for any benefit covered under the

HDHP. Health FSAs and HRAs would generally fall

within the definition of disqualifying coverage,

unless offered in an HSA-compatible way.

Individuals are not currently allowed to transfer

(or roll over) amounts from an FSA or HRA to an

HSA, which is referred to as a qualified HSA

distribution. Previous rules temporarily allowed

such health FSA or HRA rollovers, but qualified

HSA distributions have not been allowed since

January 1, 2012.

This provision would allow the transfer of FSA or

HRA balances to an HSA if (1) the individual is

establishing coverage under an HSA-qualified

HDHP, and (2) the FSA or HRA transitions to an

HSA-compatible FSA or HRA after the qualified

HSA distribution. As part of this requirement, the

individual could not have been enrolled under an

HSA-qualified HDHP during the four years prior

to enrollment in the HSA-qualified HDHP.

Qualified HSA distributions would reduce an

individual’s HSA annual contribution limit. Other

previously used rules for qualified HSA

distributions would continue to apply.

The aggregate amount of FSA and HRA

distributions to an HSA cannot exceed $3,300 for

individuals with single coverage, or $6,600 for

individuals with family coverage. These amounts

would be indexed for inflation in future years.

This provision would also require qualified HSA

distributions to be reported on Form W-2.

This provision would apply to distributions made

after December 31, 2025.

CRS Report R45277, Health

Savings Accounts (HSAs), by

Ryan J. Rosso and Alice Y.

Choi.

CRS Report R46782, A

Comparison of Tax-Advantaged

Accounts for Health Care

Expenses, by Ryan J. Rosso.

30

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Special Rule for Certain

Medical Expenses Incurred

Before Establishment of

Health Savings Account

Section 110211 of the bill

Section 223 of the IRC

An HSA is a tax-advantaged account that

individuals can use to save and pay for

unreimbursed medical expenses. HSA withdrawals

are exempt from federal income taxes if used to

cover qualified medical expenses for the account

holder, the account holder's spouse, or the

account holder's dependents. Withdrawals not

used to pay for qualified medical expenses must be

included in the account holder's gross income

when determining federal income taxes and

generally are subject to a 20% penalty. HSA

withdrawals used to pay expenses incurred before

the HSA was established would not be considered

to be made for a qualified medical expense (even if

the type of expense would otherwise have been

allowable).

This provision would allow eligible medical

expenses incurred after the start of an HSAqualified HDHP plan year to be considered a

qualified medical expense for an HSA established

within 60 days of the start of the plan year. In

other words, withdrawals from an HSA

established within 60 days of the start of an HSAqualified HDHP plan year could be made on a taxadvantaged basis for eligible medical expenses

incurred after the start of the plan year and before

the account was established.

This provision would apply to coverage starting

after December 31, 2025.

CRS Report R45277, Health

Savings Accounts (HSAs), by

Ryan J. Rosso and Alice Y.

Choi.

Contributions Permitted if

Spouse Has Health Flexible

Spending Arrangement

Section 110212 of the bill

Section 223 of the IRC

An HSA is a tax-advantaged account that

individuals can use to save and pay for

unreimbursed medical expenses. Health FSAs are

employer-established benefits that reimburse

employees for certain medical expenses.

Individuals cannot retain the ability to contribute

to an HSA if they are enrolled in both an HSAeligible HDHP and any other disqualifying coverage.

Disqualifying coverage generally is considered any

health plan that is not an HDHP and that provides

coverage for any benefit covered under the

HDHP. Health FSAs generally would fall within the

definition of disqualifying coverage. As such, an

individual would not be considered HSA-eligible if

he or she were enrolled in an HSA-eligible HDHP

and had coverage under a health FSA (including

under a spouse’s health FSA offered by the

spouse’s employer).

This provision would allow an otherwise HSAeligible individual who is covered by a spouse’s

FSA to retain HSA eligibility (if total

reimbursements from the FSA do not exceed the

total eligible expenses of the non-HSA-eligible

individual(s) covered by the FSA).

This provision would apply to plan years starting

after December 31, 2025.

CRS Report R45277, Health

Savings Accounts (HSAs), by

Ryan J. Rosso and Alice Y.

Choi.

CRS Report R46782, A

Comparison of Tax-Advantaged

Accounts for Health Care

Expenses, by Ryan J. Rosso.

Congressional Research Service

31

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Increase in Health Savings

Account Contribution

Limitation for Certain

Individuals

Section 110213 of the bill

Sections 106 and 223 of the

IRC

An HSA is a tax-advantaged account that

individuals can use to save and pay for

unreimbursed medical expenses. Individuals,

employers, or both may contribute to HSAs, but

the aggregate amount of contributions is subject

to an annual limit. In 2025, the maximum annual

contribution limit is $4,300 for self-only coverage

and $8,550 for family coverage. These amounts

are adjusted for inflation annually. In addition,

account holders who are at least 55 years of age

may contribute an additional catch-up contribution

of $1,000 each year, which is not indexed for

inflation.

This provision would increase the maximum

annual HSA contribution limit for contributions by

$4,300 for self-only coverage and $8,550 for family

coverage for individuals below certain income

thresholds. In other words, this would double the

2025 maximum contribution limit (excluding catchup contributions) for certain populations.

For those who have self-only coverage or those

who do not file returns as married filing jointly,

the maximum increase would be available to those

with modified adjusted gross income at or beneath

$75,000. For those who have family coverage and

are filing married filing jointly returns, the

maximum increase would be available to those

with modified adjusted gross incomes at or

beneath $150,000. Additional contribution

amounts must be made by the individual and not

the employer.

The increased contribution limit would be phased

out for those who have self-only coverage or

those who are not filing married filing jointly

returns, from $75,000 to $100,000, and for those

who have family coverage and who are filing

married filing jointly returns, from $150,000 to

$200,000.

The increased contribution amounts and modified

adjusted gross income amounts would be indexed

for inflation.

This provision would apply the increased

contribution limit to taxable years starting after

December 31, 2025. The inflation adjustment

would apply to taxable years starting after

December 31, 2026.

CRS Report R45277, Health

Savings Accounts (HSAs), by

Ryan J. Rosso and Alice Y.

Choi.

Source: CRS analysis of H.R. 1 as it passed the House on May 22, 2025. This text consisted of Rules Committee

Print 119-3 as modified by the Manager’s Amendment printed in H. Rept. 119-113. See House Committee on

Rules, Rules Committee Print 119-3, https://rules.house.gov/sites/evosubsites/rules.house.gov/files/documents/rcp_119-3_final.pdf and House Committee on Rules, Providing for

Consideration of the Bill (H.R. 1) to Provide for Reconciliation Pursuant to Title II of H. Con. Res. 14,

https://www.govinfo.gov/content/pkg/CRPT-119hrpt113/pdf/CRPT-119hrpt113.pdf.

Notes: “IRC” is the Internal Revenue Code. “TCJA” is P.L. 115-97, commonly referred to as the Tax Cuts and

Jobs Act (TCJA). Within the description, “Section” citations refer to the section within the IRC, unless otherwise

noted.

Congressional Research Service

32

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Table 2. Subtitle B—Make Rural America and Main Street Grow Again

Section Title

Description

CRS Resources

Part 1—Extension of Tax Cuts and Jobs Act Reforms for Rural America and Main Street

Extension of Special

Depreciation Allowance

for Certain Property

Section 111001 of the bill

Section 168(k) of the IRC

Congressional Research Service

Assets such as equipment and buildings are

depreciated over time. Prior to the TCJA, bonus

depreciation for equipment, purchased software,

and structures with recovery periods no more

than 20 years allowed an immediate deduction of

50% for assets placed in service in 2017, 40% in

2018, and 30% in 2019. Long-lived property was

not eligible. The phasedown was delayed for

certain property, including property with a long

production period

The TCJA allowed full and immediate expensing

(100% bonus depreciation) through 2022; the

bonus percentage is reduced by 20% per year for

four years starting in 2023. The TCJA excluded

regulated public utilities (but eliminated the

interest limit for these assets) and added theatrical

movies and television programs to eligible assets.

The phasedown was delayed for property with a

long production period. This provision also applies

to computer software. Expensing is not available

to real estate and farming businesses that elect out

of the limit on interest deductions.

This provision would provide for 100% bonus

depreciation for property acquired and placed in

service after January 19, 2025, and before January

1, 2030 (January 1, 2031, for longer production

period property and certain aircraft).

This provision is an extension of TCJA with no or

minor modifications.

This provision would apply to property acquired

and placed in service after January 19, 2025, and

before January 1, 2030 (January 1, 2031, for longer

production period property and certain aircraft).

CRS Report RL31852, The

Section 179 and Section 168(k)

Expensing Allowances: Current

Law, Economic Effects, and

Selected Policy Issues, by Gary

Guenther.

CRS Report R48153, Marginal

Effective Tax Rates on

Investment and the Expiring

2017 Tax Cuts, by Jane G.

Gravelle and Mark P.

Keightley.

33

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Deduction of Domestic

Research and Experimental

Expenditures

Section 111002 of the bill

Sections 174 and 280C of

the IRC

Prior to the TCJA, research expenditures could be

deducted immediately (expensed). Research

expenditures are also eligible for a credit, and the

amount expensed was reduced by this credit

(called a basis adjustment). The TCJA required,

effective in 2022, that costs be amortized and

recovered in equal amounts over five years. It also

altered the basis adjustment in a way that

appeared to effectively eliminate it.

The provision would restore the expensing and

full basis adjustment rules that applied before 2022

for tax years beginning after December 31, 2024,

and before January 1, 2030.

This provision is an extension of TCJA with

modifications.

This provision would apply to tax years beginning

after December 31, 2024, and before January 1,

2030.

CRS Report RL31181, Federal

Research Tax Credit: Current

Law and Policy Issues, by Gary

Guenther.

CRS In Focus IF12815, How

the “Tax Cuts and Jobs Act”

(TCJA, P.L. 115-97) Changed

Cost Recovery and the Tax

Credit for Research, by Jane G.

Gravelle and Mark P.

Keightley.

Congressional Research Service

34

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Modified Calculation of

Adjusted Taxable Income

for Purposes of Business

Interest Deduction

Section 111003 of the bill

Section 163 of the IRC

Prior to the TCJA, the deduction for net interest

was limited to 50% of adjusted taxable income for

firms with a debt-equity ratio above 1.5. (Adjusted

taxable income is income before taxes, interest

deductions, and depreciation, amortization, or

depletion deductions.) Interest above the

limitation could be carried forward indefinitely.

The TCJA limited deductible interest to 30% of

adjusted taxable income for businesses with gross

receipts greater than $25 million. The provision

also had an exception for floor plan financing

(often used by automotive dealers) for motor

vehicles.

Under prior law and the temporary provisions of

the TCJA, this interest limit applies to earnings

(income) before interest, taxes, depreciation,

amortization, or depletion (referred to as

EBITDA). After 2021, the TCJA changed the

measure of income to earnings (income) before

interest and taxes (referred to as EBIT). Because

EBIT is after the deduction of depreciation,

amortization, and depletion, it results in a smaller

base and thus a smaller amount of eligible interest

deductions. The temporary broader base

(EBITDA), which expired in 2021, allowed more

interest deductions. The more generous rules for

measuring the adjusted taxable income base are

more beneficial to businesses with depreciable

assets, although affected businesses might be able

to avoid some of the change in the deduction rules

by leasing assets from financial institutions, such as

banks, that generally have interest income.

This provision would temporarily reinstate

EBITDA as the basis for the 30% limit on interest

deducted as a share of income for 2025 through

2029 and expand the definition of “motor vehicle”

for purposes of deducting interest on floor plan

finance to include certain trailers and campers.

This provision is an extension of TCJA with

modifications.

This provision would apply starting after

December 31, 2024.

CRS Report R48286, Expiring

Provisions of P.L. 115-97 (the

Tax Cuts and Jobs Act):

Economic Issues, coordinated

by Jane G. Gravelle.

CRS Report R48153, Marginal

Effective Tax Rates on

Investment and the Expiring

2017 Tax Cuts, by Jane G.

Gravelle and Mark P.

Keightley.

CRS Report RL32254, Small

Business Tax Benefits: Current

Law, by Gary Guenther.

Congressional Research Service

35

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Extension of Deduction for

Foreign-Derived Intangible

Income and Global

Intangible Low-taxed

Income

Section 111004 of the bill

Section 250 of the IRC

Current law imposes a minimum tax on global

intangible low-taxed income (GILTI) of controlled

foreign corporations (CFCs), after allowing a

deduction for 10% of tangible assets and 50% of

the remainder. A deduction is also allowed for

foreign-derived intangible income (FDII) for 10% of

tangible assets and 37.5% of the remainder. These

deduction amounts for the remainder are

scheduled to fall to 37.5% for GILTI and 21.875%

for FDII after 2025. With the current 21% tax

rate, these deductions result in a rate of 10.5%

(13.125% after 2025) for GILTI and 13.125%

(16.4% after 2025) for FDII.

The combined GILTI and FDII deductions are

limited to taxable income, and any unused

deduction cannot be carried back or forward.

This provision would reduce the 50% deduction

for GILTI to 49.2% and the 37.5% deduction for

FDII to 36.5% and make these deductions

permanent. These deductions would create

permanent rates of 10.668% for GILTI and

13.335% for FDII.

This provision is an extension of TCJA with

modifications.

This provision would apply starting after

December 31, 2025.

CRS Report R45186, Issues in

International Corporate

Taxation: The 2017 Revision

(P.L. 115-97), by Jane G.

Gravelle and Donald J.

Marples, and

CRS Report R47003,

Corporate Income Taxation in a

Global Economy, by Jane G.

Gravelle, Mark P. Keightley,

and Donald J. Marples.

Extension of Base Erosion

Minimum Tax Amount

Section 111005 of the bill

Section 59A of the IRC

Under current law, the base erosion and antiabuse tax (BEAT) provides for an alternative

calculation of tax by adding certain payments to

related foreign parties (such as interest and

royalties) and taxing this income at 10%. Payments

for the cost of goods sold are not included. BEAT

does not allow tax credits, including the foreign

tax credit, except for a temporary allowance of

the research credit along with 80% of the lowincome housing credit and two energy credits.

After 2025, the BEAT rate will rise to 12.5% and

no credits will be allowed.

The provision would increase the 10% rate to

10.1% and make this rate and current treatment of

credits permanent.

This provision is an extension of TCJA with

modifications.

This provision would apply starting after

December 31, 2025.

CRS Report R45186, Issues in

International Corporate

Taxation: The 2017 Revision

(P.L. 115-97), by Jane G.

Gravelle and Donald J.

Marples, and

CRS Report R47003,

Corporate Income Taxation in a

Global Economy, by Jane G.

Gravelle, Mark P. Keightley,

and Donald J. Marples.

Congressional Research Service

36

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

Exception to Denial of

Deduction for Business

Meals

Section 111006 of the bill

Section 274 of the IRC

TCJA included a provision with delayed

implementation that would deny a deduction for

certain meals provided to employees for the

convenience of the employer starting after

December 31, 2025. Currently, this restriction has

not yet been implemented.

This provision would modify the denial of

deduction to allow a deduction for expenses

related to goods or services sold for adequate and

full value, such as an employee paying the same

rate charged to the general public.

This provision would apply to amounts paid or

incurred after December 31, 2025.

CRS Resources

Part 2—Additional Tax Relief for Rural America and Main Street

Special Depreciation

Allowance for Qualified

Production Property

Section 111101 of the bill

Section 168 of the IRC

Congressional Research Service

Under current law, the cost of nonresidential real

property is depreciated over 39 years and the cost

of residential real property is recovered over 27.5

years, both using the straight-line method. Certain

qualified nonresidential improvement property is

recovered over 15 years and eligible for bonus

depreciation.

When property is sold, a portion of the property

that reflects depreciation deductions is recaptured,

that is, added to income and taxed at ordinary

rates rather than capital gains tax rates. For

tangible assets (called Section 1245 property), such

as equipment, all depreciation is recaptured. For

real property (Section 1250 property),

depreciation in excess of straight line is

recaptured. Real property acquired after 1986 is

subject to straight-line depreciation and, therefore,

not subject to recapture except for bonus

depreciation for improvement property.

This provision would provide for an elective 100%

bonus depreciation for nonresidential property

used in manufacturing, production, or refining of

tangible property where original use begins with

the taxpayer. Production includes only agricultural

and chemical production. Qualified production

property does not include space not used for

manufacturing, production, or refining, such as

office space, parking lots, and sales floors.

Depreciation is recaptured in full upon sale

(Section 1245 rules apply). If within the first 10

years, the property is no longer used as

production property, depreciation is recaptured at

that time.

This provision applies to property acquired after

January 19, 2025, and before January 1, 2029, and

applies to property placed in service after the date

of enactment.

37

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Renewal and Enhancement

of Opportunity Zones

Section 111102 of the bill

Section[s] 1400Z-1 and

1400Z-2 of the IRC

This provision would extend the Opportunity

Zone (OZ) program and modify the definition of

low-income community and the tax incentives. The

modified definition of low-income community

would be narrower than the current definition and

be used for a second round of OZ designations

that would go into effect at the beginning of 2027

(the existing designations would end at the end of

2026). The second-round OZ designations would

be conducted in a manner similar to the original

OZ designations, but would also be required to

have one-third of designations be entirely rural

areas—an area with a population of 50,000 or

fewer inhabitants that is not adjacent to a city with

a population of more than 50,000 inhabitants—and

census tracts with median income greater than

125% of the area median income or adjacent to

eligible low-income communities would not be

eligible.

Capital gains invested in qualified opportunity

funds are eligible for deferral until the earlier of

December 31, 2033, or when the OZ investment

is sold. Capital gains held in a qualified opportunity

fund for five years receive a 10% increase in basis

(30% if held in a qualified rural opportunity fund

for five years) and gains on the OZ investment are

excluded from tax, if the investment is held at least

10 years.

Other modifications to the OZ program include

allowing taxpayers to invest up to $10,000 in aftertax income in qualified opportunity funds,

reporting requirements for funds and businesses,

and Treasury reporting on the use of this

provision.

This provision is an extension of TCJA with

modifications.

This provision would apply to second-round OZ

designations beginning on January 1, 2027, and

ending on December 31, 2033.

CRS Report R45152, Tax

Incentives for Opportunity

Zones, by Donald J. Marples

Increased Dollar

Limitations for Expensing

of Certain Depreciable

Business Assets

Section 111103 of the bill

Section 179 of the IRC

Under Section 179, taxpayers may expense

(deduct the full amount of) investment in qualified

long-life property (tangible personal property,

software, and qualified improvement property) up

to $1 million. The eligible amount is phased out

after investment reaches $2.54 million. These

amounts are indexed for inflation and are $1.25

million and $3.13 million in 2025. Because of the

investment amount limitation, Section 179 is

mostly used by smaller businesses.

The provision would permanently increase these

amounts to $2.5 million and $4.0 million, with

amounts indexed for inflation after 2025.

This provision would apply to property placed into

service after December 31, 2024.

CRS Report RL31852, The

Section 179 and Section 168(k)

Expensing Allowances: Current

Law, Economic Effects, and

Selected Policy Issues, by Gary

Guenther.

Congressional Research Service

38

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Repeal of Revision to De

Minimis Rules for Third

Party Network

Transactions

Section 111104 of the bill

Sections 3406 and 6050W

of the IRC

Under current law, third party settlement

organizations (TPSOs) must report aggregate

information about users’ transactions on their

platforms to the IRS. A variety of entities qualify as

TPSOs, including online marketplaces (such as

eBay and Etsy), payment services (such as PayPal

and Venmo), and gig economy services (such as

Uber and Airbnb). Section 6050W required

information reporting for all taxpayers with

aggregate transactions of more than $600 starting

in 2022. However, the IRS has offered transition

relief in 2022 and every year since, and plans to

implement the $600 requirement starting in 2026.

This provision would permanently change the

information reporting threshold to its level before

2021, which includes two parts. First, the total

transaction amount must exceed $20,000. Second,

the user must have had at least 200 transactions.

The TPSO does not need to send information to

the IRS if the user does not meet both

requirements. This change does not modify the tax

requirements related to TPSO income. It would

also exempt users with transactions below these

limits from backup withholding requirements.

The change to the de minimis threshold would

apply as if included in the American Rescue Plan

Act of 2021 (P.L. 117-2). The change to backup

withholding requirements would apply in 2025 and

later.

CRS In Focus IF12095,

Payment Settlement Entities and

IRS Reporting Requirements, by

Anthony A. Cilluffo, and

CRS In Focus IF11896, Tax

Treatment of Gig Economy

Workers, by Anthony A.

Cilluffo.

Increase in Threshold for

Requiring Information

Reporting with Respect to

Certain Payees

Section 111105 of the bill

Sections 3406, 6041, and

6041A of the IRC

Under current law, businesses generally must file

an information return (using a form from the Form

1099 series) with the IRS for business payments of

$600 or more. Taxpayers who do not provide the

payer with their tax identification number (usually

either a Social Security number or IRS-issued

employer identification number) may be subject to

backup withholding.

This provision would permanently increase the

reportable payments threshold to $2,000, and

provide for an annual inflation adjustment. This

new threshold would apply to most general

business payments and to nonemployee

compensation for services. It would also apply the

same minimum to the requirement for backup

withholding.

This provision would apply to payments made

after December 31, 2025.

Congressional Research Service

39

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

Exclusion of Interest on

Loans Secured by Rural or

Agricultural Real Property

Section 111107 of the bill

New Section 139K of the IRC

This provision would allow for an exclusion of 25%

of interest received by a lender on a loan secured

by rural or agricultural real estate. This provision

would likely only apply to commercial loans,

because the real estate securing the loan must be

(1) used for the production of one or more

agricultural products; (2) used in the trade or

business of fishing or seafood processing; or (3) an

aquaculture facility. The property must be located

within the United States, but not necessarily within

a rural area if it is used for one of the qualifying

business uses. Loans made to specified foreign

entities are not eligible for the exclusion.

This provision would apply to interest on loans

originated after enactment and before January 1,

2029.

Treatment of Certain

Qualified Sound Recording

Productions

Section 111108 of the bill

Sections 168 and 181 of the

IRC

Under current law, production costs for sound

recordings generally must be recovered (deducted

from income) over multiple years. Under Section

167, taxpayers are allowed “a reasonable

allowance” for exhaustion, wear and tear, and

obsolescence. Calculating this allowance for sound

recordings is complex, and likely requires making

assumptions about the future income generation

of the recording in order to use the income

forecast allowance method.

This provision would provide alternative cost

recovery options for sound recordings. First, for

sound recordings commencing in 2025, creators

could immediately deduct up to $150,000 in U.S.based production costs in the year incurred. It

would also allow larger productions and

productions starting after 2025 but before 2029 to

receive faster cost recovery by applying U.S.-based

production costs to bonus depreciation under

Section 168(k).

This provision would apply to productions starting

in tax years ending after the date of enactment.

Congressional Research Service

CRS Resources

40

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Modifications to LowIncome Housing Credit

Section 111109 of the bill

Section 42 of the IRC

The low-income housing tax credit is a subsidy for

the construction or rehabilitation of rental housing

meeting statutorily determined rent and income

limits. To receive the credit a taxpayer must

receive an award of “competitive” or “9%” credits

from the state in which the investment is made.

Alternatively, a taxpayer may receive

“noncompetitive” or “4%” credits if at least 50% of

the investment is financed by tax-exempt bonds

that are subject to limit on private activity bonds.

This provision would increase state low-income

housing credit allocation authority for calendar

years 2026 through 2029 by 12.5%. This provision

would also reduce the 50% tax-exempt bond

financing requirement to 25% for bond obligations

issued in calendar years through 2029. Last, this

provision would modify the definition of difficult

development areas (DDAs) for purposes of the

low-income housing tax credit to include "Indian

areas” through 2029.

This provision would apply to calendar years 2026

through 2029.

CRS Report RS22389, An

Introduction to the Low-Income

Housing Tax Credit, by Mark P.

Keightley.

CRS In Focus IF11335, The

Low-Income Housing Tax Credit:

Policy Issues, by Mark P.

Keightley.

Increased Gross Receipts

Threshold for Small

Manufacturing Business

Section 111110 of the bill

Section 448 of the IRC

This provision would allow manufacturers with

average annual gross receipts (over the last three

years) of less than $80 million to use the cash

method of accounting. These manufacturers may

also be exempt from the business interest

limitation, certain capitalization rules, and certain

inventory account rules. Under current law, the

gross receipts threshold is $25 million for all

taxpayers.

This provision would apply starting after

December 31, 2025.

CRS Report RL32254, Small

Business Tax Benefits: Current

Law, by Gary Guenther.

Global Intangible LowTaxed Income Determined

Without Regard to Certain

Income Derived from

Services Performed in the

Virgin Islands

Section 111111 of the bill

Sections 951A and 469 of

the IRC

U.S. shareholders of controlled foreign

corporations (CFCs) are subject to a minimum tax

on global intangible low-taxed income (GILTI),

after allowing for certain deductions. Certain

income is excluded. These rules treat income

derived from U.S. possessions in the same way as

income derived from foreign countries.

This provision would exclude certain income

earned from services provided in the Virgin

Islands. The exclusion is available to U.S.

shareholders who are individuals, trusts, estates,

or closely held C corporations (where more than

50% of stock is owned by no more than five

individuals).

This provision would be effective for taxable years

beginning after the date of enactment.

CRS Report R45186, Issues in

International Corporate

Taxation: The 2017 Revision

(P.L. 115-97), by Jane G.

Gravelle and Donald J.

Marples

Congressional Research Service

41

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Extension and Modification

of Clean Fuel Production

Credit

Section 111112 of the bill

Section 45Z of the IRC

Congressional Research Service

The clean fuel production credit (CFPC), as

enacted under the Inflation Reduction Act of 2022

(IRA; P.L. 117-169), subsidizes the costs of

producing transportation fuels with low lifecycle

greenhouse gas emissions. Fuels qualifying for the

credit must be deemed suitable for use as a fuel in

a highway vehicle or aircraft and must be sold to

"unrelated persons" as defined in IRC Section

52(b). In Notice of Proposed Rulemaking (NPRM)

2025-10, the IRS states that "actual use as a fuel in

a highway vehicle or aircraft is not required"; the

NPRM clarifies that certain fuels ordinarily used to

power ships may qualify for the CFPC if they meet

the criterion of being “suitable for use” in highway

vehicles or aircraft.

Two other criteria define eligibility for the CFPC.

First, production facilities used to claim the credit

must be located in the United States or its

possessions (i.e., Puerto Rico, Guam, and other

territories). Second, to be considered clean, fuel

produced at such facilities must have a lifecycle

emissions rate of no more than 50 kilograms of

CO2 or CO2 equivalent per 1 million British

Thermal Units (mmBTU). Lifecycle emissions are

meant to measure the total impact of a fuel on

greenhouse gas emissions (not just the emissions

when the fuel is burned), including emissions

associated with producing the fuel and with

producing feedstocks (i.e., raw materials, including

from plants or animal waste) used to make the

fuel. For greenhouse gases other than CO2, the

term CO2 equivalent refers to the quantity of

CO2 that would produce the same amount of

global warming as the given non-CO2 greenhouse

gas.

For fuel production meeting the criteria described

above, the credit operates on a sliding scale in

which fuels with lifecycle greenhouse gas emissions

rated closer to zero receive larger credits. Credit

amounts also differ according to taxpayers’

compliance with prevailing wage and

apprenticeship (PWA) requirements and whether

the fuel is aviation fuel or nonaviation fuel. For

aviation fuel producers, the CFPC has a maximum

value of $1.75 per gallon for firms meeting PWA

requirements and $0.35 for firms not meeting

PWA requirements. For nonaviation fuel

producers, the CFPC has a maximum value of

$1.00 per gallon for firms meeting PWA

requirements and $0.20 for firms not meeting

PWA requirements.

Under current law, the CFPC may be claimed for

fuel produced after December 31, 2024, and sold

on or before December 31, 2027. The CFPC, in

effect, consolidated and replaced several credits

for specific fuels that expired at the end of 2024,

including credits for biodiesel, biodiesel mixtures,

agri-biodiesel, renewable diesel, second-generation

biofuel, mid-level ethanol blends, sustainable

CRS In Focus IF12502, The

Section 45Z Clean Fuel

Production Credit, by Nicholas

E. Buffie.

42

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

aviation fuel, alternative fuels, and alternative fuels

mixtures.

This provision would modify the CFPC in various

ways. First, it would require feedstocks used in

eligible fuels sold after 2025 to be sourced from a

feedstock that is produced or grown in the United

States, Mexico, or Canada.

Second, the provision would modify the emissions

rates tables used to determine lifecycle

greenhouse gas emissions in two ways: (1) it

would prohibit the effects of indirect land use

changes from being counted in lifecycle emissions

estimates (which could affect emissions

calculations for agriculture-based fuels such as

corn ethanol); and (2) it would require the

Secretary of the Treasury (who is tasked with

publishing new emissions rate tables every year

under current law) to publish distinct emissions

rates for fuels using dairy manure, swine manure,

poultry manure, and such other sources as are

determined appropriate. These changes to the

emissions rate tables would apply to taxable years

beginning after December 31, 2025.

Third, this provision would add foreign entity

restrictions based on the definitions of specific

foreign entity and foreign-influenced entity in Section

112008 of the bill. (Section 112008 modifies the

clean electricity production tax credit.) For taxable

years beginning after the date of the bill’s

enactment, specific foreign entities—including

foreign entities of concern, as defined in

subparagraphs (A), (B), (D), or (E) of Section

9901(8) of the William M. (Mac) Thornberry

National Defense Authorization Act for Fiscal

Year 2021—cannot receive the CFPC. For taxable

years beginning at least two years after the date of

the bill’s enactment, foreign-influenced entities are

barred from receiving the tax credit.

Additionally, this provision would extend eligibility

for the credit to all otherwise-eligible fuels sold on

or before December 31, 2031. This represents a

four-year extension of the credit relative to

current law.

This provision would generally apply to fuel sold

between 2026 and 2031.

Congressional Research Service

43

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Restoration of Taxable

REIT Subsidiary Asset Test

Section 111113 of the bill

Section 856 of the IRC

A real estate investment company (REIT) is a

corporation that would otherwise be taxed as a

corporation, except that it meets certain tests and

faces a number of restrictions, including assets and

income that are primarily derived from real estate.

Distributions to shareholders are deductible and

are taxed as ordinary income, making the tax

treatment equivalent to other pass-throughs, such

as partnerships.

REITs are allowed to have taxable subsidiaries to

carry out nonpassive functions, such as services to

tenants. No more than 20% of the assets of a REIT

may be held in taxable REIT subsidiaries. The share

was reduced from 25% to 20% in 2016.

This provision increases the allowable share of

assets in taxable subsidiaries to 25%.

This provision would apply starting after

December 31, 2025.

CRS Report R44421, Real

Estate Investment Trusts

(REITs) and the Foreign

Investment in Real Property Tax

Act (FIRPTA): Overview and

Recent Tax Revisions, by Jane

G. Gravelle.

Source: CRS analysis of H.R. 1 as it passed the House on May 22, 2025. This text consisted of Rules Committee

Print 119-3 as modified by the Manager’s Amendment printed in H. Rept. 119-113. See House Committee on

Rules, Rules Committee Print 119-3, https://rules.house.gov/sites/evosubsites/rules.house.gov/files/documents/rcp_119-3_final.pdf and House Committee on Rules, Providing for

Consideration of the Bill (H.R. 1) to Provide for Reconciliation Pursuant to Title II of H. Con. Res. 14,

https://www.govinfo.gov/content/pkg/CRPT-119hrpt113/pdf/CRPT-119hrpt113.pdf.

Notes: “IRC” is the Internal Revenue Code. “TCJA” is P.L. 115-97, commonly referred to as the Tax Cuts and

Jobs Act (TCJA). Within the description, “Section” citations refer to the section within the IRC, unless otherwise

noted.

Congressional Research Service

44

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Table 3. Subtitle C—Make America Win Again

Section Title

Description

CRS Resources

Part 1—Working Families Over Elites

Termination of Previously

Owned Clean Vehicle

Credit

Section 112001 of the bill

Section 25E of the IRC

Congressional Research Service

The credit for previously owned clean vehicles,

commonly referred to as the used clean vehicle

credit or UCVC, was enacted as part of the

Inflation Reduction Act of 2022 (IRA; P.L. 117169). The UCVC provides a tax credit of up to

$4,000 for purchases of used electric vehicles,

used plug-in hybrid vehicles, or used fuel cell

vehicles. Qualifying used vehicles must be sold for

$25,000 or less and are subject to additional

restrictions. Qualifying taxpayers must have

modified adjusted gross income (MAGI) at or

below certain thresholds for either the current

year or the previous year. The thresholds are

$150,000 for married couples, $112,500 for

heads of household, and $75,000 for single filers

and others. Under current law, the credit applies

to vehicles acquired on or before December 31,

2032.

Since the beginning of 2024, taxpayers have been

allowed to transfer their credits to vehicle

dealers. Transferred credits may exceed

taxpayers' income tax liabilities, effectively making

transferred tax credits fully refundable.

This provision would require that qualifying used

vehicles be acquired no later than December 31,

2025, in effect repealing the credit starting in

2026.

This provision would apply to vehicles acquired

after December 31, 2025.

CRS In Focus IF12600, Clean

Vehicle Tax Credits, by Donald

J. Marples and Nicholas E.

Buffie.

CRS In Focus IF12570, Clean

Vehicle Tax Credit Transfers to

Car Dealers, by Nicholas E.

Buffie.

45

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Termination of Clean

Vehicle Credit

Section 112002 of the bill

Section 30D of the IRC

Congressional Research Service

The clean vehicle credit (CVC) in Section 30D of

the IRC was enacted under the Energy Policy Act

of 2005 (EPACT05; P.L. 109-58) and most

recently modified by the IRA. Individuals

purchasing a new clean vehicle—including new

electric vehicles, plug-in hybrids, and fuel cell

vehicles—may claim a CVC of up to $7,500 for

vehicles acquired before the end of 2032. The

maximum potential credit ($7,500) is the sum of

two amounts: the critical mineral amount

($3,750) and the battery component amount

($3,750), both of which went into effect for

vehicles acquired on or after April 18, 2023. (Fuel

cell vehicles without batteries that meet other

requirements are eligible for the full $7,500

credit.) To claim the critical mineral portion of

the credit, a car's battery must have (at least) a

certain percentage of its critical minerals that

were extracted or processed in the United States

or in a country with which the United States has

a free trade agreement, or that were recycled in

North America. The minimum percentage is 60%

in 2025 and will rise to 80% for 2027 and later

years. To claim the battery component portion of

the credit, (at least) a certain percentage of an

electric vehicle battery's component parts must

be manufactured or assembled in North America.

The minimum percentage is 60% in 2025 and

rises to 100% for 2029 and later years. In

addition, none of the applicable critical minerals

or battery components in a qualifying vehicle’s

battery may come from a foreign entity of concern

(FEOC). FEOCs are broadly defined but include

companies with jurisdiction in China, North

Korea, Russia, or Iran as well as companies with

25% or higher ownership (measured based on

board seats, voting rights, or equity interests)

from certain current or former senior foreign

political figures in those four countries.

In addition to the critical minerals and battery

component requirements, qualifying clean

vehicles must meet other criteria. These

additional criteria include a manufacturer's

suggested retail price (MSRP) limit ($80,000 for

vans, SUVs, and pickup trucks; $55,000 for other

vehicles); a required gross vehicle weight rating

(GVWR) of less than 14,000 pounds; and a

battery capacity of at least 7 kilowatt hours.

Additionally, all qualified vehicles must undergo

final assembly in North America.

To claim the CVC, taxpayers' MAGI for either

the current or previous year must be at or below

certain thresholds: $300,000 for married couples,

$225,000 for heads of household, and $150,000

for single filers.

Since the beginning of 2024, taxpayers have been

allowed to transfer their credits to vehicle

dealers. Transferred credits may exceed

CRS In Focus IF12600, Clean

Vehicle Tax Credits, by Donald

J. Marples and Nicholas E.

Buffie.

CRS Insight IN12322, Foreign

Entity of Concern Requirements

in the Section 30D Clean

Vehicle Credit, by Nicholas E.

Buffie.

CRS In Focus IF12570, Clean

Vehicle Tax Credit Transfers to

Car Dealers, by Nicholas E.

Buffie.

CRS In Focus IF12603, The

Tax Credit Exception for Leased

Electric Vehicles, by Nicholas E.

Buffie.

46

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

taxpayers' income tax liabilities, effectively making

transferred credits fully refundable.

This provision would eliminate the CVC for all

vehicles acquired after December 31, 2026. In

addition, special rules would apply to vehicles

acquired in 2026. These special rules stipulate

that only manufacturers which manufactured

200,000 or fewer covered vehicles sold for use in

the United States between December 31, 2009,

and December 31, 2025, would maintain eligibility

for the tax credit. A similar rule was in place

prior to the enactment of the IRA in August

2022.

The provision would define covered vehicle in one

of two ways. First, covered vehicles would

include all new qualified plug-in electric drive motor

vehicles—as defined in IRC Section 30D(d)(1) as

in effect on December 31, 2022—that were

acquired before 2023. Second, covered vehicles

would include all new clean vehicles as currently

defined in IRC Section 30D(d)(1). If the sum of a

manufacturer’s new qualified plug-in electric drive

motor vehicles and new clean vehicles exceeds

200,000, then the manufacturer will be deemed

to have crossed the covered vehicle threshold, and

its vehicles will not be eligible for the CVC in

2026. Taxpayers treated as a single employer

under IRC Sections 52(a), 52(b), 414(m), or

414(o) would be treated as a single manufacturer,

subject to restrictions described in IRC Section

30B(f)(4).

This provision would apply to vehicles placed in

service after December 31, 2025.

Congressional Research Service

47

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Termination of Qualified

Commercial Clean Vehicles

Credit

Section 112003 of the bill

Section 45W of the IRC

Congressional Research Service

The credit for qualified commercial clean

vehicles, sometimes referred to as the 45W

credit based on its section of the IRC, allows

businesses purchasing new electric vehicles, new

plug-in hybrid vehicles, or new fuel cell vehicles

to reduce their federal income tax liabilities. Taxexempt organizations may claim a cash payment

of equivalent value to the 45W credit under the

IRA’s direct payments mechanism. The 45W

credit was enacted as part of the IRA in August

2022.

The credit has a maximum value of $7,500 for

vehicles with a GVWR of less than 14,000

pounds and a maximum of $40,000 for heavier

vehicles. For plug-in hybrid vehicles, the credit

equals the lesser of the incremental cost of the

vehicle (the difference between its price and the

price of a gas- or diesel-powered vehicle of

similar size and use) or 15% of the vehicle's cost

basis. For electric vehicles and fuel cell vehicles,

the credit equals the lesser of the incremental

cost of the vehicle or 30% of its cost basis.

Among other restrictions, qualifying vehicles

must have a battery capacity of at least 7 kilowatt

hours if the GVWR is less than 14,000 pounds or

15 kilowatt hours otherwise, and must be either

mobile machinery as defined in IRC Section

4053(8) or a motor vehicle for use on public

roads for purposes of Title II of the Clean Air

Act. Mobile machinery is defined to include

vehicles such as electric tractors while excluding

vehicles such as electric golf carts.

The 45W credit is nonrefundable, meaning that

businesses may not claim tax credits in excess of

their income tax liabilities (again with the

exception of tax-exempt organizations claiming a

direct cash payment). Any unused credits may be

carried back one year or carried forward up to

20 years to offset other years' tax liabilities.

Businesses may claim the commercial clean

vehicle credit for vehicles leased to customers. In

some cases, dealers have reportedly claimed

credits for leased passenger vehicles, then used

these credits to lower customers' down

payments by $7,500. This tax credit exception or

leased vehicles loophole allows customers to

save up to $7,500 even if the vehicle does not

match the MSRP restrictions or domestic content

rules from the CVC. (The Section 45W credit

does not contain any domestic content or

domestic manufacturing requirements.)

Taxpayers who are above the CVC income limits

can also benefit from the loophole/exception.

Under current law, the 45W credit only applies

to vehicles acquired before the end of 2032.

This provision would eliminate the 45W credit

for most vehicles acquired after December 31,

2025. Between 2026 and 2032, vehicles would

only be eligible for the credit if they were

CRS In Focus IF12600, Clean

Vehicle Tax Credits, by Donald

J. Marples and Nicholas E.

Buffie.

CRS In Focus IF12603, The

Tax Credit Exception for Leased

Electric Vehicles, by Nicholas E.

Buffie.

48

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

purchased in a written binding contract entered

into before May 12, 2025.

This provision would apply to vehicles acquired

after December 31, 2025.

Termination of Alternative

Fuel Vehicle Refueling

Property Credit

Section 112004 of the bill

Section 30C of the IRC

Congressional Research Service

The alternative fuel vehicle refueling property

credit (AFVRPC) is a nonrefundable income tax

credit that may be claimed by individuals or

businesses installing alternative fuel vehicle

refueling property at the taxpayer’s principal

residence or place of business. Clean fuel

refueling property is generally any tangible

equipment (such as a pump) used to dispense a

fuel into a vehicle’s tank. Qualifying property

includes fuel storage and dispensing units and

electric vehicle recharging equipment. A clean

fuel is defined as any fuel at least 85% of the

volume of which consists of ethanol (E85) or

methanol (M85), natural gas, compressed natural

gas (CNG), liquefied natural gas, liquefied

petroleum gas, and hydrogen, or any mixture of

biodiesel and diesel fuel, determined without

regard to any use of kerosene and containing at

least 20% biodiesel. For the purposes of the

credit, electricity is also considered a clean fuel.

Costs for vehicle charging equipment—including

bidirectional charging equipment and charging

stations for electric motorcycles intended for use

on public roads—are eligible for the credit.

For businesses meeting the prevailing wage and

apprenticeship (PWA) requirements set forth in

the IRA, the credit is equal to 30% of the cost of

purchasing and installing qualified alternative fuel

vehicle refueling property at a taxpayer's

business, up to a limit of $100,000 per property

item. For businesses not meeting PWA

requirements, the AFVRPC is equal to 6% of

purchase and installation costs, also up to a limit

of $100,000 per property item.

For property installed on a personal residence,

the credit is equal to 30% of the purchase and

installation costs up to a maximum value

of $1,000.

Due to modifications enacted under the IRA,

since 2023, only qualifying property installed in a

nonurban or a low-income census tract has been

eligible for the credit. The IRA also modified the

AFVRPC in other ways and extended eligibility

for the credit through the end of 2032.

This provision would terminate the AFVRPC for

property placed in service after December 31,

2025, effectively repealing the credit starting in

calendar year 2026.

This provision would apply to property placed in

service after December 31, 2025.

CRS Report R47675, Federal

Policies to Expand Electric

Vehicle Charging Infrastructure,

by Melissa N. Diaz and Corrie

E. Clark.

CRS Report R46865, Energy

Tax Provisions: Overview and

Budgetary Cost, by Nicholas E.

Buffie and Donald J. Marples.

CRS Report R48351, EV

Charging Infrastructure:

Frequently Asked Questions, by

Melissa N. Diaz.

49

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Termination of Energy

Efficient Home

Improvement Credit

Section 112005 of the bill

Section 25C of the IRC

The energy efficient home improvement credit

(EEHIC) was first enacted by EPACT05 and was

most recently modified by the IRA.

Under current law, between tax years 2023 and

2032, taxpayers may receive an EEHIC for

making energy-efficiency upgrades to their

homes. Purchases of energy-efficient appliances

installed at homes that are rented, owned and

used as secondary residences, or owned and

used as principal residences are eligible for the

EEHIC. Upgrades to the insulation, exterior

doors, and exterior windows or skylights of

homes owned and used as principal residences

are also EEHIC-eligible. In addition, home energy

audits of taxpayers' principal residences (whether

owned or rented) are eligible for the credit.

The EEHIC is equal to 30% of the costs of

purchasing and installing eligible energy-efficiency

equipment. The credit is generally limited to

$1,200 per taxpayer and $600 per item, with

certain exceptions described in statute.

Taxpayers may claim an additional amount of up

to $2,000 for installations of electric or natural

gas heat pumps, electric or natural gas heat pump

water heaters, biomass stoves, and biomass

boilers. This $2,000 amount is in addition to the

normal $1,200 maximum, allowing taxpayers to

receive as much as $3,200 per year from the

EEHIC.

The EEHIC is nonrefundable, meaning that if the

value of the credit exceeds a taxpayer's income

tax liability, they may not receive a refund for the

difference. This limits the value of the EEHIC for

households with low tax liabilities, including most

low-income households. Preliminary data from

2023, the first full year with the IRA-modified tax

credit in place, indicate that taxpayers in the

bottom 27% of the income distribution received

0.8% of EEHIC benefits and that taxpayers in the

top 24% of the income distribution received 62%

of EEHIC benefits.

This provision would make property placed in

service after December 31, 2025, ineligible for

the credit, in effect repealing the EEHIC starting

in 2026.

This provision would apply to property placed in

service after December 31, 2025.

CRS Insight IN12422,

Preliminary Data on the IRA

Energy Efficient Home

Improvement Credit, by

Nicholas E. Buffie.

CRS Report R46865, Energy

Tax Provisions: Overview and

Budgetary Cost, by Nicholas E.

Buffie and Donald J. Marples.

CRS Insight IN12051,

Residential Energy Tax Credits:

Changes in 2023, by Brendan

McDermott.

Congressional Research Service

50

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Termination of Residential

Clean Energy Credit

Section 112006 of the bill

Section 25D of the IRC

The residential clean energy credit (RCEC) was

first enacted by the Energy Policy Act of 2005

(P.L. 109-58) and was most recently reinstated

and expanded by the IRA.

Under current law, the RCEC subsidizes taxpayer

purchases of renewable energy equipment used

at taxpayer residences. Between 2022 and 2032,

individuals and couples installing solar electric

panels, solar water heaters, small wind energy

property, geothermal heat pumps, and other

renewable energy equipment can receive an

RCEC equivalent to 30% of the costs

of purchasing, assembling, and installing such

equipment. The credit phases down to 26% for

equipment placed in service in 2033 and to 22%

for equipment placed in service in 2034 before

expiring for equipment placed in service after

2034.

Both renters and homeowners may claim the

credit for domestically located homes in which

they reside; landlords who rent property to

others are not eligible. The RCEC is

nonrefundable, meaning that if a taxpayer's RCEC

is greater than their income tax liability, the

taxpayer may not receive a refund for the

difference. However, unused credit amounts may

be carried forward to offset income

tax liabilities in future years. Preliminary data

from 2023, the first full year with the IRAmodified tax credit in place, indicate that

taxpayers in the bottom 27% of the income

distribution received 0.3% of RCEC benefits and

that taxpayers in the top 24% of the income

distribution received 67% of RCEC benefits.

This provision would make property placed in

service after December 31, 2025, ineligible for

the credit, in effect repealing the RCEC starting

in 2026.

This provision would apply to property placed in

service after December 31, 2025.

CRS Insight IN12423,

Preliminary Data on the IRA

Residential Clean Energy Credit,

by Nicholas E. Buffie.

CRS Report R46865, Energy

Tax Provisions: Overview and

Budgetary Cost, by Nicholas E.

Buffie and Donald J. Marples.

CRS Insight IN12051,

Residential Energy Tax Credits:

Changes in 2023, by Brendan

McDermott.

Termination of New Energy

Efficient Home Credit

Section 112007 of the bill

Section 45L of the IRC

The new energy efficient home tax credit

provides a tax credit to builders of ENERGY

STAR certified single-family homes, manufactured

homes, and multifamily homes and is scheduled

to expire after December 31, 2032.

The provision would have the tax credit expire

on December 31, 2025, while allowing homes

that began construction before May 12, 2025, to

claim the tax credit if the housing unit is

completed by December 31, 2026.

This provision would generally apply to any home

acquired after December 31, 2025, but will apply

after December 31, 2026, for homes that started

construction before May 12, 2025.

Congressional Research Service

51

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Restrictions on Clean

Electricity Production

Credit

Section 112008 of the bill

Sections 45Y of the IRC

Congressional Research Service

Qualifying facilities that produce zero-emissions

electricity and sell it to an unrelated person or

persons (e.g., other businesses) may receive the

clean electricity production tax credit (CEPTC)

during the first 10 years of the facility’s

operations. The CEPTC, as enacted under the

IRA, is equal to 2.5 cents in 2021 dollars per

kilowatt-hour of electricity production (with

lower amounts for facility owners not meeting

the IRA’s PWA requirements).

Credit amounts are reduced in proportion to the

share of capital financing coming from tax-exempt

bonds, up to a maximum reduction of 15%.

Taxpayers receiving the CEPTC are eligible for

a 10% bonus credit (2% for taxpayers not

meeting PWA requirements) if certain shares of

the iron, steel, and manufactured products used

to construct the facility were produced in the

United States. Taxpayers are eligible for a

separate 10% bonus credit (2% for taxpayers not

meeting PWA requirements) if the facility used to

claim the credit is located in an energy community.

Bonus credit amounts are calculated after

considering any reduction for financing from taxexempt bonds.

Under the IRA’s direct payments and

transferability mechanisms, certain tax-exempt

organizations may receive a cash payment of

equivalent value to the CEPTC, while taxpaying

businesses may sell their tax credits to other

taxpaying businesses for cash. Facilities beginning

construction in 2026 or later years are ineligible

for direct payments if they do not meet the

requirements of the domestic content bonus

credit. Facilities beginning construction in 2024

or 2025 receive reduced direct payment amounts

if they do not meet those domestic content

requirements.

New eligibility for the full credit amount is

maintained through an "applicable year," which is

the later of either 2032 or the year in which

greenhouse gas emissions from the domestic

electricity sector are less than or equal to 25% of

the sector's emissions from 2022. Credit

eligibility is then subject to a phaseout. As part of

the phaseout, facilities that begin construction

during the calendar year after the applicable year

may receive 100% of the full credit amount;

facilities that begin construction two calendar

years later may receive 75% of the full amount;

and facilities that begin construction three

calendar years later may receive 50% of the full

amount. No taxpayers may become newly eligible

for the credits thereafter. However, because

credit eligibility is based on the year a facility

begins construction, whereas receipt of the

credits is based on when a facility is placed in

service, taxpayers may receive the credit after

the final year of new eligibility. For example, if the

CRS Report R46865, Energy

Tax Provisions: Overview and

Budgetary Cost, by Nicholas E.

Buffie and Donald J. Marples.

CRS Report R48428, Inflation

Reduction Act (IRA) Wage and

Apprenticeship Requirements:

Effect on Tax Credit Values, by

Nicholas E. Buffie.

CRS Report R48358,

Domestic Content Requirements

for Electricity Tax Credits in the

Inflation Reduction Act (IRA), by

Nicholas E. Buffie.

CRS Report R47831, Federal

Economic Assistance for Coal

Communities, by Julie M.

Lawhorn et al.

CRS Report RL31457, Private

Activity Bonds: An Introduction,

by Grant A. Driessen.

CRS In Focus IF12596, Tax

Credit Transfers and Direct

Payments in the Inflation

Reduction Act of 2022, by

Nicholas E. Buffie.

52

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

applicable year is 2037, a taxpayer begins

construction on a new facility in 2037 and begins

providing electricity to consumers in 2040, then

the taxpayer could receive the credit for 10 years

from 2040 to 2049.

This provision would eliminate the CEPTC for all

facilities which begin construction more than 60

days after enactment or which are placed in

service after December 31, 2028. Exceptions

exist for certain nuclear facilities. The credit

would continue to be allowed for advanced

nuclear facilities, as defined in IRC section

45J(d)(2)), that begin construction on or before

December 31, 2028, but not thereafter. Any

nuclear facility for which the reactor design is

approved by the Nuclear Regulatory Commission

would not be allowed a credit for any facility

expansions beginning after December 31, 2028.

In addition, this provision eliminates CEPTC

eligibility for the renting or leasing of solar water

heating property, solar electric property (i.e.,

solar panels), and small wind energy property to

homeowners and renters whose use of the

property would qualify for the residential clean

energy credit if the homeowner or renter owned

the given property. (Section 112006 of H.R. 1

repeals the residential clean energy credit. Under

current law, homeowners and renters only

receive the credit for property they own.)

The provision would also introduce various

restrictions to foreign involvement in qualifying

taxpayers’ supply chains. The provision would (1)

if the facility receives material assistance from a

prohibited foreign entity, disallow the tax credit for

facilities that start construction after December

31, 2025; (2) if the taxpayer is a specified foreign

entity, disallow the tax credit for tax years

beginning after the date of enactment; (3)

disallow the tax credit for tax years beginning

two years after the date of enactment if the

taxpayer is a foreign-influenced entity; (4) disallow

the tax credit for tax years beginning two years

after the date of enactment if the taxpayer pays

dividends, interest, compensation for services,

rentals or royalties, or guarantees, or otherwise

makes FDAP (fixed, determinable, annual, or

periodic) payments to a prohibited foreign entity,

or is produced subject to a licensing agreement

greater than threshold amounts.

This provision would have several effective dates.

Congressional Research Service

53

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Restrictions on Clean

Electricity Investment Credit

Section 112009 of the bill

Section 48E of the IRC

Congressional Research Service

The clean electricity investment tax credit

(CEITC), as enacted by the IRA, may be claimed

by facilities producing electricity from any zeroemissions energy source. For taxpayers

complying with the IRA’s PWA requirements, the

CEITC is equal to 30% of taxpayers' capital

investment costs (defined in statute as "basis"; 6%

for firms not meeting PWA requirements), and

qualifying facilities must be placed in service after

December 31, 2024. Energy storage technology is

also eligible for the credit.

Credit amounts are reduced in proportion to the

share of capital financing coming from tax-exempt

bonds, up to a maximum reduction of 15%.

Taxpayers receiving the CEITC are eligible for

a 10 percentage-point bonus credit (2 percentage

points for taxpayers not meeting PWA

requirements) if certain shares of the iron, steel,

and manufactured products used to construct the

facility were produced in the United

States. Taxpayers are eligible for a

separate 10 percentage-point bonus credit (2

percentage points for taxpayers not meeting

PWA requirements) if the facility used to claim

the credit is located in an energy

community. Bonus credit amounts are calculated

without considering any reduction for financing

from tax-exempt bonds.

Solar and wind facilities (and energy storage

technology installed with such facilities) with a

maximum net output of less than 5 megawatts, as

measured in alternating current, may qualify for a

low-income communities bonus credit. The bonus

is 10 percentage points for facilities located in a

low-income community or on Indian land, and

is 20 percentage points for facilities that are part

of a qualified low-income residential building

project or a qualified low-income economic

benefit project. No more than 1.8 gigawatts of

electric capacity may be claimed under this bonus

credit program each year, though unused electric

capacity from one year may be carried over to

future years, including pre-2025 amounts carried

over from the Energy Investment Tax Credit in

Section 48 of the IRC. The low-income

communities bonus credit does not depend on

compliance with PWA requirements.

Under the IRA’s direct payments and transferability

mechanisms, certain tax-exempt organizations

may receive a cash payment of equivalent value

to the CEITC, while taxpaying businesses may sell

their tax credits to other taxpaying businesses for

cash. Facilities beginning construction in 2026 or

later years are ineligible for direct payments if

they do not meet the domestic content

requirements of the domestic content bonus

credit. Facilities beginning construction in 2024

or 2025 receive reduced credit amounts if they

CRS Report R46865, Energy

Tax Provisions: Overview and

Budgetary Cost, by Nicholas E.

Buffie and Donald J. Marples.

CRS Report R48428, Inflation

Reduction Act (IRA) Wage and

Apprenticeship Requirements:

Effect on Tax Credit Values, by

Nicholas E. Buffie.

CRS Report R48358,

Domestic Content Requirements

for Electricity Tax Credits in the

Inflation Reduction Act (IRA), by

Nicholas E. Buffie.

CRS Report R47831, Federal

Economic Assistance for Coal

Communities, by Julie M.

Lawhorn et al.

CRS Report RL31457, Private

Activity Bonds: An Introduction,

by Grant A. Driessen.

CRS In Focus IF12596, Tax

Credit Transfers and Direct

Payments in the Inflation

Reduction Act of 2022, by

Nicholas E. Buffie.

54

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

do not meet those domestic content

requirements.

Under current law, taxpayers are eligible for the

credit through an "applicable year," which is the

later of either 2032 or the year in which

greenhouse gas emissions from the domestic

electricity sector are less than or equal to 25% of

the sector's emissions from 2022. Credit

eligibility is then subject to a phaseout. As part of

the phaseout, facilities that begin construction

during the calendar year after the applicable year

may receive 100% of the full credit amount;

facilities that begin construction two calendar

years later may receive 75% of the full amount;

and facilities that begin construction three

calendar years later may receive 50% of the full

amount. No taxpayers may become newly eligible

for the credits thereafter. However, because

credit eligibility is based on the year a facility

begins construction, whereas receipt of the

credits is based on when a facility is placed in

service, taxpayers may receive the credit after

the final year of eligibility. For example, if the final

year of eligibility is 2037 and a facility begins

construction that year, and the facility is placed in

service in 2040, the facility owner will claim the

CEITC in 2040. In this example, facilities that

begin construction after 2037 would not be

eligible for the CEITC, regardless of when they

are placed in service.

This provision would make four amendments to

the CEITC. First, it would eliminate the CEITC

for all facilities which begin construction more

than 60 days after enactment or which are placed

in service after December 31, 2028. The credit

would only continue to be allowed for advanced

nuclear facilities, as defined in IRC section

45J(d)(2)), that begin construction on or before

December 31, 2028, but not thereafter.

Second, the provision would allow 1.8 gigawatts

of electric capacity to be claimed under the lowincome communities bonus credit each year

through CY2028, but not thereafter. In addition,

any unused electric capacity from previous years

that was still available as of December 31, 2028,

could not be rolled over to future years.

Third, this provision would eliminate CEITC

eligibility for the renting or leasing of solar water

heating property, solar electric property (i.e.,

solar panels), and small wind energy property to

homeowners and renters whose use of the

property would qualify for the residential clean

energy credit if the homeowner or renter owned

the given property. (Section 112006 of H.R. 1

repeals the residential clean energy credit. Under

current law, homeowners and renters only

receive the credit for property they own.)

Congressional Research Service

55

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Fourth, the provision would place four

restrictions on interactions with foreign entities.

The provision would (1) disallow the tax credit

for tax years beginning after the date of

enactment if the taxpayer is a specified foreign

entity as defined in IRC Section 7701(a)(51)(B),

(2) disallow the tax credit for facilities that start

construction after December 31, 2025, if the

facility receives material assistance from a

prohibited foreign entity as defined in IRC Section

7701(a)(52), (3) disallow the tax credit for tax

years beginning two years after the date of

enactment if the taxpayer is a foreign-influenced

entity as defined in IRC Section 7701(a)(51)(D)),

and (4) disallow the tax credit for tax years

beginning two years after the date of enactment if

the taxpayer pays dividends, interest,

compensation for services, rentals or royalties,

or guarantees, or otherwise makes FDAP

payments to a prohibited foreign entity, or is

produced subject to a licensing agreement

greater than threshold amounts.

This provision would have several effective dates.

Congressional Research Service

56

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Repeal of Transferability of

Clean Fuel Production

Credit

Section 112010 of the bill

Section 45Z and 6418 of the

IRC

Section 45Z of the IRC provides a tax credit for

the production of clean fuels. Under current law,

the tax credit applies to fuel sold on or before

December 31, 2027. Section 111112 of this bill

would modify the credit in various ways and

extend it to fuel sold on or before December 31,

2031. See the entry “Extension and Modification

of Clean Fuel Production Credit” for more

information on both the tax credit as it exists

under current law and the tax credit as modified

under this bill.

As part of a tax mechanism known as

transferability that was enacted under the IRA, a

taxpaying business may sell its clean energy tax

credits to another taxpaying business at an

agreed-upon price in exchange for cash. This

mechanism can help firms with tax credits in

excess of their tax liabilities. Prior to the

enactment of the IRA, firms receiving clean

energy tax credits generally entered into tax

equity partnerships with larger businesses

(generally banks or other financial institutions)

and offered those businesses a share of the tax

credit in exchange for upfront financing of the

clean energy project. Research indicated that on

average, clean energy producers lost roughly 15%

of the tax credit’s value in such partnership

arrangements. Since the creation of the

transferability mechanism, new research has

found that transferred tax credits generally sold

at 89 to 95 cents on the dollar in 2023 and

at slightly higher values in early 2024, indicating

that clean energy producers are foregoing fewer

tax benefits due to the monetization of their tax

credits.

This provision would repeal transferability of the

clean fuel production credit for fuel produced

after December 31, 2027.

This provision would apply to fuel produced after

December 31, 2027.

CRS In Focus IF12596, Tax

Credit Transfers and Direct

Payments in the Inflation

Reduction Act of 2022, by

Nicholas E. Buffie.

CRS In Focus IF12502, The

Section 45Z Clean Fuel

Production Credit, by Nicholas

E. Buffie.

CRS Report R45693, Tax

Equity Financing: An

Introduction and Policy

Considerations, by Mark P.

Keightley, Donald J. Marples,

and Molly F. Sherlock.

Congressional Research Service

57

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Restrictions on Carbon

Oxide Sequestration Credit

Section 112011 of the bill

Sections 45Q and 6418 of the

IRC

Taxpayers may claim the carbon oxide

sequestration credit per metric ton of qualified

carbon oxide captured and disposed of or used

by a taxpayer. For taxpayers complying with the

IRA’s PWA requirements, the credit amounts

are $85 per metric ton of carbon oxide that is

captured and geologically sequestered, $60 per

metric ton that is reused, $180 per metric ton

that is captured using direct air capture (DAC)

technologies and then geologically sequestered,

and $130 per metric ton for carbon oxide

captured using DAC that is utilized in a qualified

manner. These amounts are scheduled to remain

in place through the end of 2026 and will be

adjusted annually for inflation starting in 2027.

Taxpayers not meeting the PWA requirements

receive tax credits that are only one-fifth as large,

and credit amounts are reduced in proportion to

the share of capital financing coming from taxexempt bonds, up to a maximum reduction

of 15%.

Under the IRA’s direct payments and transferability

mechanisms, certain tax-exempt organizations

may receive a cash payment of equivalent value

to the credit, while taxpaying businesses may sell

their tax credits to other taxpaying businesses for

cash.

The provision would (1) if the taxpayer is a

specified foreign entity under IRC Section

7701(a)(51)(B), disallow the tax credit for tax

years beginning after the date of enactment; (2) if

the taxpayer is a foreign-influenced entity under

IRC Section 7701(a)(51)(D), disallow the tax

credit for tax years beginning more than two

years after the date of the bill’s enactment; and

(3) repeal transferability for equipment beginning

construction more than two years after the date

of the bill’s enactment.

This provision would have several effective dates.

CRS In Focus IF11455, The

Section 45Q Tax Credit for

Carbon Sequestration, by

Angela C. Jones and Donald J.

Marples.

CRS Report R44902, Carbon

Capture and Sequestration

(CCS) in the United States, by

Angela C. Jones and Ashley J.

Lawson.

CRS Report R46865, Energy

Tax Provisions: Overview and

Budgetary Cost, by Nicholas E.

Buffie and Donald J. Marples.

CRS In Focus IF12596, Tax

Credit Transfers and Direct

Payments in the Inflation

Reduction Act of 2022, by

Nicholas E. Buffie.

Congressional Research Service

58

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Restrictions on ZeroEmission Nuclear Power

Production Credit

Section 112012 of the bill

Sections 45U of the IRC

The zero-emission nuclear power production

credit is available for the production of electricity

from nuclear facilities placed in service before

August 16, 2022, that did not previously receive a

Section 45J tax credit. Depending on the price of

electricity, in addition to other factors, the tax

credit may reach a value of up to 1.5 cents (in

2024 dollars) per kilowatt-hour of electricity

produced and sold after December 31, 2023. The

credit is fully phased out when gross receipts are

at or above 4.375 cents per kilowatt-hour in

2024 dollars.

The value of the tax credit is partially contingent

on the IRA’s prevailing wage requirements,

though the credit is exempt from the

apprenticeship requirements.

Under the IRA’s direct payments and transferability

mechanisms, certain tax-exempt organizations

may receive a cash payment of equivalent value

to the credit, while taxpaying businesses may sell

their tax credits to other taxpaying businesses for

cash.

Under current law, the credit does not apply to

taxable years beginning after December 31, 2032.

The provision would (1) if the taxpayer is a

specified foreign entity under IRC Section

7701(a)(51)(B), disallow the tax credit for tax

years beginning after the date of enactment; (2) if

the taxpayer is a foreign-influenced entity under

IRC Section 7701(a)(51)(D), disallow the tax

credit for tax years beginning more than two

years after the date of the bill’s enactment; and

(3) move the credit’s expiration date forward

one year (from December 31, 2032 to December

31, 2031).

This provision would have several effective dates.

CRS Report R46865, Energy

Tax Provisions: Overview and

Budgetary Cost, by Nicholas E.

Buffie and Donald J. Marples.

CRS Report R48428, Inflation

Reduction Act (IRA) Wage and

Apprenticeship Requirements:

Effect on Tax Credit Values, by

Nicholas E. Buffie.

CRS In Focus IF12596, Tax

Credit Transfers and Direct

Payments in the Inflation

Reduction Act of 2022, by

Nicholas E. Buffie.

Congressional Research Service

59

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

Termination of Clean

Hydrogen Production

Credit

Section 112013 of the bill

Sections 45V and 48 of the

IRC

The clean hydrogen production credit (CHPC),

as enacted under the IRA, is available for the first

10 years that a facility produces clean hydrogen.

Taxpayers producing clean hydrogen at qualifying

facilities may receive the CHPC based on the

amount of hydrogen produced, the lifecycle

CO2e emissions rate of the hydrogen through

the point of production, and the taxpayer's

compliance with PWA requirements. Qualified

facilities must be owned by the taxpayer and have

begun construction prior to 2033, with some

exceptions for facilities modified to produce

clean hydrogen.

For taxpayers meeting PWA requirements,

the maximum credit in 2024 was $3.11 per

kilogram of qualified clean hydrogen with zero

CO2e emissions. Tax credit amounts phase down

in a nonlinear, stepwise fashion for higher CO2e

emissions rates.

Tax-exempt entities including nonprofits, local

governments, and rural electric cooperatives may

receive direct cash payments in place of

traditional income tax credits. Taxable entities

may also elect to receive direct cash payments

for five years, starting with the year a qualified

facility is placed in service. Taxable entities

cannot make this election after 2032. The CHPC

is also transferable, meaning that credits may be

sold from one taxpaying business to another for

cash.

This provision would terminate the CHPC and

the ability to claim the Energy Investment Tax

Credit for hydrogen facilities that begin

construction after December 31, 2025.

CRS Report R48196,

Hydrogen Production: Overview

and Issues for Congress, by

Lexie Ryan.

CRS In Focus IF12602, The

Clean Hydrogen Production

Credit: How the Incentives are

Structured, by Nicholas E.

Buffie and Martin C. Offutt.

CRS In Focus IF12596, Tax

Credit Transfers and Direct

Payments in the Inflation

Reduction Act of 2022, by

Nicholas E. Buffie.

Congressional Research Service

60

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Phaseout and Restrictions

on Advanced Manufacturing

Production Credit

Section 112014 of the bill

Sections 45X and 6418 of the

IRC

Congressional Research Service

The advanced manufacturing production credit,

as enacted by the IRA, subsidizes the domestic

production of certain inverters, solar energy

components, wind energy components, battery

components, and critical minerals. Credit

amounts differ according to the type of good

being produced.

Annual tax credits are calculated based on the

year a product is sold, which may differ from the

year it is produced. Businesses may receive full

credits for goods sold from 2023 through 2029,

then may receive 75% of normal credit amounts

for goods sold in 2030, 50% for goods sold in

2031, and 25% for goods sold in 2032. The credit

expires for most credit-eligible products in 2033.

Neither the phaseout nor the expiration apply to

credits for critical minerals.

Goods qualifying for the credit must be produced

in the United States. However, there are no

prohibitions on foreign ownership of the

organizations receiving the credits.

Tax-exempt entities including nonprofits, local

governments, and rural electric cooperatives may

receive direct cash payments in place of

traditional income tax credits. Taxable entities

may also elect to receive direct cash payments

for five years, starting with the year a qualified

facility is placed in service. Taxable entities

cannot make this election after 2032. The

advanced manufacturing production credit is also

transferable, meaning that credits may be sold

from one taxpaying business to another for cash.

The provision would impose various restrictions

on the tax credit. Certain subprovisions

restricting interactions with foreign entities

would (1) disallow the tax credit if the taxpayer

received material assistance from a prohibited

foreign entity for components manufactured in tax

years beginning at least two years after the date

of the bill’s enactment; (2) if the taxpayer is a

specified foreign entity, disallow the tax credit for

all tax years beginning after the date of

enactment; (3) disallow the tax credit for tax

years beginning two years after the date of

enactment if the taxpayer is a foreign-influenced

entity; and (4) disallow the tax credit for tax years

beginning two years after the date of enactment if

the taxpayer pays dividends, interest,

compensation for services, rentals or royalties,

or guarantees, or otherwise makes FDAP

payments in excess of certain thresholds to one

or more prohibited foreign entity or entities, or

is produced subject to a licensing agreement of

more than $1 million with a prohibited foreign

entity.

The provision phases out the advanced

manufacturing production credit between 2028

and 2032. Credits for components or goods sold

in 2028 or later years would not be eligible for

CRS In Focus IF12809, The

Section 45X Advanced

Manufacturing Production

Credit, by Nicholas E. Buffie.

CRS In Focus IF12596, Tax

Credit Transfers and Direct

Payments in the Inflation

Reduction Act of 2022, by

Nicholas E. Buffie.

61

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Section Title

Description

CRS Resources

transferability. Wind components sold in 2028 or

later years would not be eligible for the credit.

Lastly, all other components or goods—including

critical minerals—sold in 2032 or later years

would not be eligible for the credit.

This provision would have several effective dates.

Congressional Research Service

62

Tax Provisions in H.R. 1, the One Big Beautiful Bill Act: House-Passed Version

Phaseout of Credit for

Certain Energy Property

Section 112015 of the bill

Sections 48 and 6418 of the

IRC

Congressional Research Service

This provision would amend certain parts of the

energy investment tax credit, which is

alternatively known as the energy credit,

investment tax credit, or simply the ITC.

The ITC provides a tax credit for investments in

electricity facilities powered by renewable energy

in addition to various energy storage

technologies. The ITC subsidizes different energy

sources and technologies at different rates. In

general, the credit is equal to 30% of investment

costs for taxpayers complying with PWA

requirements, with additional bonus credits

“topping up” the baseline credit. For most

technologies and energy sources,

This text is long and has been trimmed here. Open the source document for the complete record.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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