A Permanent Section 199(A): Now That’s Beautiful

The legislation President Trump has called a “big, beautiful bill” is slowly making its way through Washington. The House and Senate have both approved blueprints for the plan, but months of hard negotiations may lie ahead.

And while the tax provisions that make up the heart of the legislation will touch every American, one specific part of it — an initiative called Section 199(A) — is one we’re watching especially closely as talks unfold. We’re working across the agriculture and cooperative communities to get this critical part of the 2017 tax legislation that lapses this year made permanent in a new law. And with tax season upon us, it’s a good time to explain why this is so important for agriculture and dairy cooperatives.

Section 199(A) of the Internal Revenue Code, also known as the Qualified Business Income Deduction, provides a deduction of up to 20% on qualified business income for certain pass-through entities, including partnerships, S-corporations, and sole proprietorships. Dairy cooperatives, which are structured as pass-through entities, benefit from this deduction as it reduces their taxable income, allowing them to retain more earnings, which then can be reinvested into the cooperative.

That’s critical to help co-ops stay competitive in today’s marketplace. When Congress cut the corporate tax rate in 2017 from 35% to 21%, it recognized that other forms of businesses — including cooperatives — should also have an equitable tax reduction. Section 199A does that. It’s helped farmer cooperatives and their owners navigate through a global pandemic, geopolitical conflict, supply chain problems, and record inflation. Allowing Section 199A to expire would raise taxes on agricultural cooperatives and their farmer-owners at a moment of renewed challenges; making it permanent will remove a critical piece of uncertainty for farmers and give them a chance to plan a brighter future.

Including Section 199(A) in tax legislation is critical for the continued economic stability of dairy farmers and the cooperatives they own. It helps co-ops make capital investments. It encourages investment in innovative technologies, sustainable practices, and advanced infrastructure, all of which enables them to produce high-quality products at lower costs. And in the end, that benefits consumers too — by providing them with affordable and nutritious dairy products.

Making 199(A) permanent also supports the whole reason the cooperative system was established under the Capper-Volstead Act passed more than a century ago, by keeping the playing field level with other businesses that benefit from tax provisions other than 199(A). Dairy cooperatives operate on principles of mutual assistance, democratic governance, and equitable distribution of benefits. Section 199(A) aligns with these principles by providing a tax benefit that is shared among cooperative members.

Dairy needs Section 199(A) to thrive. That’s why we’ve been working across not only agriculture, but across the entire cooperative community, signing letters that include signatures ranging from community bankers to building contractors and that cut across the entire U.S. economy. Section 199(A) doesn’t only support dairy farmers of all sizes, in all regions, and the rural communities they support — it ensures economic stability, enhances competitiveness, and serves consumers all across America.

That’s big. And, it’s beautiful. As the bill makes its way to the president’s desk this year, we’ll be fighting for Section 199(A) at every turn. It’s the right thing to do for dairy — and as it turns out, for everyone in our rural communities too.


Gregg Doud

President & CEO, NMPF

 

NMPF Pursues Priorities, Poised for Climate Win in Budget Legislation

NMPF is inching its way toward a significant win in supporting dairy’s sustainability goals, with “climate-smart” agriculture support making its way into a budget reconciliation package taking shape on Capitol Hill.

A $27 billion package spearheaded by Senate Agriculture Committee Chairwoman Debbie Stabenow (D-MI) will help dairy farmers advance their sustainability leadership by bolstering farm bill conservation programs in meaningful ways for dairy. Substantial new investments will provide important voluntary technical assistance to dairy farmers who undertake a variety of stewardship practices. The legislation also includes targeted new funding that emphasizes critical farm practices that yield significant environmental benefits for dairy, notably in feed management.

“Dairy farmers have long been proactive land and water stewards because they seize opportunities for innovation,” said Jim Mulhern, president and CEO of NMPF. “We are deeply grateful to Chairwoman Stabenow for her tireless leadership to secure game-changing conservation investments, with a focus on climate-smart practices. These investments will better position dairy farmers to proactively implement the dairy sector’s Net Zero Initiative and fulfill its 2050 environmental stewardship goals.”

Dairy farmers in 2020 committed in their Net Zero Initiative to become greenhouse gas neutral or better by 2050 and maximize water quality around the country.

Congress and the White House are continuing to work to find a compromise on the larger spending bill as November begins.

The overall spending package, long pegged at $3.5 trillion, is likely to be much smaller as Democrats attempt to fund a wide range of spending priorities while simultaneously addressing policy and spending concerns of moderates. NMPF has been actively advocating on behalf of dairy producers and their cooperatives throughout the process to ensure dairy’s interests are represented and protected.

Key wins for dairy among the climate-smart ag provisions of the Build Back Better Act include:

  • $9 billion in new funds for the Environmental Quality Incentives Program, which provides important technical assistance to dairy farmers, targeted toward stewardship practices that can reduce greenhouse gas emissions;
  • $25 million annually for Conservation Innovation Trials, with the new funding targeted toward initiatives that use feed and diet management to reduce enteric methane emissions, which can comprise roughly one-third of a dairy farm’s greenhouse gas footprint. NMPF is excited for this opportunity to amplify its focus on innovative feed additives and rations that reduce enteric emissions;
  • A new cover crop initiative to pay producers $25 per acre of established cover crop practices to reduce nutrient runoff and soil erosion; and
  • $7.5 billion in new funds for the Regional Conservation Partnership Program, which funds locally developed, targeted partnership projects, with emphasis on initiatives that incentivize or target reduced methane emissions.

Beyond climate-smart agriculture, as negotiations continue between the White House and Congress, NMPF is pleased to see its priority issues persist in these discussions, including:

  • Investment Tax Credit – NMPF is working to incorporate into the reconciliation package the bipartisan Agriculture Environmental Stewardship Act (H.R. 3939, S. 2461). The bill, which NMPF helped develop, would create a 30 percent Investment Tax Credit for methane digesters and nutrient recovery systems. The legislation gained momentum this spring when it was incorporated into the Senate Finance Committee’s larger energy tax marker bill. Now that the Senate has shifted focus to reconciliation, that larger package may serve as the basis for the Senate’s starting position in discussions on the energy tax title of the reconciliation bill. Additionally, the House Ways and Means Committee has advanced key components of the measure in its own tax portion of the reconciliation package.
  • Capital Gains Taxes on Inherited Assets – NMPF and others in agriculture succeeded thus far to protect two current provisions regarding taxing capital gains on inherited assets. An early proposal for how to pay for various programs and projects in the reconciliation measure included changing when capital gains on inherited assets would be taxed as well as altering the basis for evaluating the amount to be taxed (a.k.a. the “stepped-up basis). NMPF and other farm groups have worked to prevent both proposed changes from becoming law, with the House Ways and Means Committee excluding these changes in its contribution to the reconciliation package.

NMPF is hopeful its priority issues will be in the final legislation, although circumstances can change rapidly, especially as last-minute negotiations occur. We will continue elevating the importance of these issues to members of Congress and their staffs as the process moves forward.