Thanks to GOP Tax Cuts, Craft Beverage Producers are Hiring and Expanding
Thanks to GOP tax cuts, craft beverage producers are hiring new employees, purchasing new equipment, and expanding production
Thanks to the Tax Cuts & Jobs Act enacted by congressional Republicans and President Trump, local breweries, distilleries, and wineries across America are hiring more employees, purchasing new equipment, and expanding production. This means local craft beverage entrepreneurs are able to grow their business and provide a greater variety of beverages and fun community gathering places.
The GOP tax cuts enacted the Craft Beverage Modernization and Tax Reform Act, which provided federal tax relief for local craft breweries, wineries, and distilleries. And the tax cuts included full business expensing, which allows companies to deduct the full cost of new equipment from their taxes the same year they purchase it.
Below are several examples of good news from breweries, wineries, and distilleries. (If you know of any additions to this list, please send to jkartch@atr.org)
Alexander Valley Vineyards (Healdsburg, California) – The vineyard was able to create new jobs, buy new equipment, and remodel their tasting rooms because of the Tax Cuts and Jobs Act:
“The craft beverage bill has been an incredible boost for our industry and this extension allows us to continue investing in our wineries by buying new equipment, remodeling tasting rooms, hiring new employees and more,” said Hank Wetzel, founder and family partner of Alexander Valley Vineyards and Chairman of Wine Institute. “All of this benefits local communities in the form of jobs, tax revenue and support for the hospitality industry.” – Dec. 20, 2019, Southeast Farm Press article.
Alter Ego Cider (Portland, Oregon) – The Tax Cuts and Jobs Act allowed the company to invest in the business and hire more people:
Anne Hubatch, co-owner of Alter Ego Cider and VP of the Northwest Cider Association, said “The [CBMTRA] has made real and lasting impacts to my small business. As a micro-craft cidery, this act helps us to save on our excise taxes which in turn keep more money in the business to grow and invest in more staff and equipment." – Feb. 13, 2019, BeverageDaily article.
Biscayne Bay Craft Brewery (Miami, Florida) – Hiring two new employees and purchasing new equipment:
Consider the story of Jose Mallea, owner of Biscayne Bay Craft Brewery, who participated in President Trump's event. The tax cuts have allowed him to purchase $100,000 more in equipment and hire two new employees. – April 29, 2018 Tallahassee Democrat article excerpt
Bar Cento (Cleveland, Ohio) – The tax cuts allowed the bar to add new jobs and invest more in their facility:
Sam McNulty, co-founder of multiple Cleveland brewery/restaurants including Market Garden Brewery and Bar Cento, credited the tax break with helping his operations expand at an accelerated rate, "which in our case meant several million dollars of investment in our facility as well as the creation of a large number of full-time positions."
Not having certainty for the tax cut beyond next year could stymie other, more long-term investments.
"As in life, so it goes in business, where if the future is uncertain, you are more likely to be less secure and optimistic and thus more conservative and frugal," McNulty said. "There's not a bank on the planet that will finance a business that has only a one-year lease. And so a one-year extension is appreciated, but it is not enough to really fuel this growing industry and reach the full promise of the economic benefits of local craft beer." – Dec. 17, 2018, Crains Cleveland article.
Brian's Electric (Stratford, Wisconsin) – The Tax Cuts and Jobs Act allowed the company to increase wages:
Jacobs told Budget & Tax News he has passed the benefits of TCJA along to his employees,
“I gave out, when you add it all up, about $150 an hour worth of wage increases,” Jacobs said. “Depending on how they have their taxes taken out of their checks, the lowest was around $14 a week in net take home pay, all the way up to $65 in net take home pay.” – Sept. 12, 2018, Heartland Institute article.
Cedar Springs Brewing Company (Cedar Springs, Michigan) -- Used savings from the Tax Cuts and Jobs Act to hire new employees and purchase new equipment:
Across the nation, craft beer makers are urging Congress to pass the Craft Beverage Modernization and Tax Reform Act.
The current legislation gives small brewers a 50% reduction of their federal excise tax, but it expires at the end of 2019.
"It was relief for a lot of us," Cedar Springs Brewing Company's Dave Ringler said. "I can speak personally, that gave us a little cash flow ease. It was something we used to hire employees, buy new equipment. It definitely helped out."
The new act would make that tax cut permanent.
"We’re all little guys," Ringler added. "Almost all of us are entrepreneurs that are sole proprietors or small business people, so it really does help Main Street."
"Small breweries really are the lifeblood of small communities," Ringler added. "It's been a huge part of revitalization in communities not only here in Michigan but nationally." -- Oct. 10, 2019 Fox 17 Article
Central Standard Distillery (Milwaukee, Wisconsin) – The Tax Cuts and Jobs Act allowed the distillery to hire four new employees, invest in a new facility, and ordered a new bottling line:
Central Standard Distillery co-owner Evan Hughes said his business was able to grow faster than it normally would because of the act. He attributes four key growth areas to the success of the act, including: Central Standard hired four new employees, bringing staff totals to 22 people. The company invested in a 15,000-square-foot facility on Clybourn Street. In addition, Central Standard ordered a new bottling line for improved efficiency and offered health care to all of its employees.
"It gave us the courage to expand our business quicker than we normally would," Hughes said. – Dec. 10, 2019, Milwaukee Business Journal.
Clayton Distillery (Clayton, New York) - facility upgrades:
Mr. Aubertine, who co-owns the Clayton Distillery, pays about $40,500 in excise taxes annually for the 3,000 gallons of spirits he produces at $13.50 per proof gallon. The tax reform, however, will reduce his expense to about $8,100 when it takes effect in 2018, which encouraged him to install upgrades to his facility at 40164 Route 12.
“We’re basically investing back into the business,” he said. “The tax plan — it also lets us write off some of the supplies a little bit differently.” - December 28, 2018, Watertown Daily Times article excerpt
Crane Brewing Company (Raytown, Missouri) – The Tax Cuts and Jobs Act allowed the brewery to create new jobs:
The beer is flowing in Raytown at Crane Brewing Company. Business is good now, vice president and co-founder Chris Meyers said.
He credits the expansion of his business in part to the Tax Cuts and Jobs Act of 2017, he Meyers said substantially cut federal excise taxes on America's brewers.
"For us, we’ve been able to add a canning line. We’ve been able to add some more staff here to kind of grow,” he explained. “At this point, there’s over 100 breweries in Missouri. Almost 10,000 people employed by the industry. Over a billion dollars in revenue to the state."
The brewer said he believes the legislation helped spur small business growth.
“By cutting these excise taxes in half, it’s really let us move forward, produce more product, get more sales, and actually increase the revenue available to everyone," Meyers told KCTV5 News. – Dec. 6, 2019, KCTV 5 News.
Crooked Tooth Brewery (Tucson, Arizona) – Because of the Tax Cuts and Jobs Act, the brewery is planning to invest in new jobs and has been able to give back to the community:
The Vernons have been in the brewery business for about three years. Most of that time has fallen under the Craft Beverage Modernization Tax Reform Act passed in 2017. Because of this, they pay $3.50 a barrel in taxes, but at the start of 2020 that could double.
“We had about two months of business where we had $7 a barrel,” Vernon said. “That two months of business we didn’t do a lot of brewing, you know.”
This tax break was like a glass half full for small business.
Like the glass, there was plenty of room to grow. But if it expires, there's fear that optimism goes down the drain.
“Something that we may be investing in employment or we also give a lot to the community,” Vernon said.
These are things Vernon said he's been able to do because of this tax break, like working with local nonprofits on events. – Dec. 7, 2019, KLOD article.
Diamond Bear Brewery (Little Rock, Arkansas) – The brewery saved over $10,000 because of the Tax Cuts and Jobs Act and invested it in employees and equipment:
Russ Melton, president of Diamond Bear Brewing, said the Craft Beverage Modernization and Tax Reform Act is a big relief for his business.
"It lowered it from $7 per barrel which is 31 gallons to $3.50 a barrel," he said.
He said it's allowed him to save thousands every year.
"Doesn't sound like a lot but if you do 3,000 barrels that's $10,000," Melton said.
That's 10-thousand dollars that can be used on employees or equipment.
"It is a big help for small businesses," he said. – Dec. 18, 2019, THV11 article.
Dripping Springs Distilling (Dripping Springs, Texas) -- The owner says he was able to use savings from the Tax Cuts and Jobs Act to hire new employees, invest in new equipment, and break ground on a new visitors center:
These tax savings have enabled Texas craft distillers to expand our businesses by hiring more employees, investing in new equipment and purchasing more from Texas agricultural suppliers. At Dripping Springs Distilling, which I co-founded, in addition to creating new jobs, we were able to break ground on a new visitors center, where we hosted 15,000 visitors last year.
Gary Kelleher is co-founder of Dripping Springs Distilling. -- Nov. 29, 2019 My San Antonio
Dry Fly Distilling (Spokane, Washington) - Hiring new employees, plant expansion, and facility investments:
The reform that went into effect January 1, 2018 is helping Dry Fly Distilling save some money that the company is using to pump right back into a planned expansion, special projects, and other additions.
The Craft Beverage Modernization and Tax Reform Act reduced the federal excise tax on distilled spirits producers. Dry Fly Distilling owner Don Poffenroth said the change has saved Dry Fly about $1.50 on every bottle, which cuts down production costs.
"Now that $1.50 really is allowing us to add additional personnel, to put more money back into our plant and then we are embarking on a fairly aggressive expansion plan as well. So, we are going to build a new facility. So, we are 100% reinvesting kind of everything we get out of that," Poffenroth said.
That saved money also can go toward special projects, like the Dry Fly Single Malt Whiskey, which has been aged for the last ten years. - February 16, 2018, KXLY article excerpt
Dynalab Inc. (Reynoldsburg, Ohio) – Because of the Tax Cuts and Jobs Act, the company was able to invest in new manufacturing equipment, employees received a bonus as well as a larger take home pay:
On a recent trip to Ohio, President Donald Trump proclaimed: “America is once again open for business.” Evidence for that statement? The Tax Cuts and Jobs Act of 2017.
As the president and chief executive officer of Dynalab Inc., a small-business manufacturer of electronic products in central Ohio, I can say that we already see many benefits provided by the corporate and personal tax-rate reductions of the 2017 act:
• Larger 2017 year-end bonuses and greater take-home pay for most of our associates.
• $2 million-plus in new manufacturing equipment.
Although final regulations have not been released, and more needs to be done to rein in the Internal Revenue Service, our country’s economy is benefiting. The growth in gross domestic product, jobs creation and the stock market tell the tale.
Gary James
Reynoldsburg – March 22, 2018, Columbus Dispatch article.
Flying Dog Brewery (Frederick, Maryland) - purchasing new equipment:
It's a similar story for Maryland's Flying Dog Brewery. CEO Jim Caruso (who is a donor to the Reason Foundation, which publishes this website) says the tax cuts might not look like much at the consumer level, but they free up a lot of money for businesses to reinvest in their operations.
"When you look at this reduction in taxes. That translates to a penny per bottle. It's a small cost per bottle times the number of cases, that adds up pretty quickly," says Caruso, saying his company saved some $300,000 thanks to the tax cuts, which he says has gone toward buying new capital equipment. - November 21, 2018 article excerpt from Reason Hit & Run Blog excerpt
Garrison Brothers Distillery (Hye, Texas) – The brewery was able to hire more employees and increase their production because of the Tax Cuts and Jobs Act:
Starting a liquor distillery in the United States is expensive. Take it from Dan Garrison, who runs Garrison Brothers Distillery in Hye, roughly an hour west of Austin. He estimated in November that it costs about $7 million to get a whiskey distillery up and running — between stills, fermentation tanks, grain silos and other operational costs.
Garrison said Garrison Brothers paid an excise tax of $13.50 per proof gallon from the time he started his business in 2006 until 2017, when the tax break took effect. After that the tax was reduced to $2.70 per proof gallon — 80% less — which Garrison said put spirits on par with what wine and beer producers were paying.
As a result, “I could do things I could only dream of doing,” Garrison said.
Since 2017, Garrison Brothers has grown from 11 to 45 employees and tripled the amount of cases it produces annually, projecting to top 9,000 this year. – Dec. 17, 2019, Austin Business Journal.
Ghostface Brewing (Mooresville, North Carolina) – Hiring new employees, purchasing more equipment, and increasing distribution:
Mike Cuddy, owner of Ghostface Brewing in Mooresville, N.C., said his company also used the tax break to buy more equipment, hire more people and focus on distribution to local grocery stores and restaurants. – April 26, 2018, MarketWatch article excerpt
Grand Rounds Brewing Co. (Rochester, Minnesota) – Because of the Tax Cuts and Jobs Act, the brewery was able to hire a new employee as well as invest in research and development:
“We are really a true industry that’s growing in the state of Minnesota, not only across the country, but Minnesota’s really got a lot of craft brewers,” said Tessa Leung, CEO of Grand Rounds Brewing Co. in Rochester.
…
Grand Rounds was able to invest in the research and development of their beers, update equipment and hire another brewer, but the tax increase will mean making adjustments.
“I wish we had, you know, the ability to double our prices and have nobody say anything about it, or take a vote on it, but people vote with their dollars, and they vote with where they’re at,” Leung said. – Dec. 5, 2019, KAAL 6 News.
Gray Skies Distillery (Grand Rapids, Michigan) -- Expanding production:
Gray Skies has been in business for around two and a half years and has recently been able to expand production because of one specific aspect of the GOP tax law. It's called the Craft Beverage Modernization and Tax Reform Act, which was an amendment to the big picture bill Trump signed into law in December.
There's a lot to the law, but here's why it matters to Gray Skies and other distilleries like it: excise taxes are much, much lower for them now. 80% lower to be exact.
"The instant a drop of alcohol is produced, tax is owed on that," said Steve Vander Pol, who co-founded Gray Skies and serves as the head distiller.
The law reduces excise taxes on producers from $13.50 per proof gallon for the first 100,000 gallons produced to $2.70 per proof gallon.
"We're talking thousands of dollars every quarter that we're saving," Vander Pol said, "and obviously for someone on this sized scale to write a check that's reduced by 80% is pivotal. It's been huge for us." - June 4, 2018, WZZM article excerpt
Great Lakes Distillery (Milwaukee, Wisconsin) – Used savings from the Tax Cuts And Jobs Act to add space and buy new equipment:
When the Craft Beverage Modernization and Tax Reform Act was passed two years ago, Great Lakes Distillery founder and owner Guy Rehorst was able to make a lot of advances to his business with the added savings. He added space to his Walker's Point distillery at 616 W. Virginia St. in Milwaukee. He also added new equipment and new personnel and began producing more product for future sale. – Dec. 10, 2019, Milwaukee Business Journal.
Fremont Brewing (Seattle, Washington) – The Tax Cuts and Jobs Act allowed the company to expand healthcare benefits to employees' dependents:
In 2017, Congress passed a tax cut for breweries, distillers, and wineries. Nelson said that allowed them to invest in additional employee benefits, like extending health benefits to employees’ dependents.
“We've got young people that are getting married and having families, and they are needing benefits,” she said. “So we decided that we would extend health benefits to the dependents of those families.” – Dec. 18, 2019, KIRO article.
Helio Basin Brewery (Phoenix, Arizona) – The Tax Cuts and Jobs Act allowed the brewery to expand:
Local breweries have been paying a $3.50 tax per barrel, but once the bill expires, it will double, increasing to $7 per barrel. "Even though it doesn't sound like a lot of money, a $3.50 increase, it really does matter a lot to us, especially at our scale," said Dustin Hazer, the owner of Helio Basin Brewery. "Pretty much anything we try to do to increase our efficiency, it's a matter of change. It's not even once the sale happens; it's once we process it. So, we're getting immediately taxed on that volume. It's not when we sell it; it's when we process it."
Hazer opened his brewery a little more than three years ago, before the tax break was put in place. "The first year we had the full tax and then the last couple we've had the nice tax," he said. "Basically, when that tax break happened, we started to launch into some of the bigger stores, can products. We wouldn't have been able to do that even though it doesn't seem like a lot of money." – Dec. 5, 2019, AZFamily article.
Iron Fish Distillery (Thompsonville, Michigan) – Because of the Tax Cuts And Jobs Act, the owner was able to create new full time jobs and invest in the company:
“For us this has been a game changer. This tax incentive, this tax decrease really came right at a time when we needed to take some risks, and invest in the business and hire people and so it was, I think, as intended, worked here at Iron Fish,” said Anderson. – Dec. 17, 2019, 9&10 News article.
Jordan Winery (Healdsburg, California) -- $1,000 bonuses for each of its 85 employees:
In response to the tax cut bill that passed this week, John Jordan, owner of Jordan Winery in Sonoma County, California, announces that he will give all eligible winery employees a $1,000 bonus as a result of the passage of the 2017 tax reform bill. – Dec. 22, 2017 Jordan Winery press release
Keg Creek Brewing (Glenwood, Iowa) - Expanding operations, purchasing new equipment:
“A small brewery in Glenwood, Iowa, in Mills County called Keg Creek is expanding their operations and investing in new equipment as they grow.” - June 11, 2018, Rep. David Young statement on U.S. House Floor
Lazy Magnolia Brewery (Kiln, Mississippi) - provide employee benefits, give employee promotions, and complete facility upgrades:
Known for its Southern Pecan Nut Brown Ale, Lazy Magnolia opened in 2005 and is the oldest packaging brewery in Mississippi. With the money saved from the tax cut, Henderson said the brewery has been able to improve benefits for employees, convert two part-time jobs to full time and improve the brewery's taproom. - June 2, 2018 CNN article excerpt
Lewis & Clark Brewing Co (Helena, Montana) - hiring new employees:
At Lewis and Clark Brewing Co., Pigman expects to save $25,000 this year because of the provision in the tax reform that he said brewers like him have been working to get for three years.
The money is going to hiring — an employee was brought on last week and Pigman is looking for two more full-time positions each in production and sales. - May 6, 2018 Helena Independent Record article excerpt
Loon Liquor (Northfield, Minnesota) – Because of the Tax Cuts and Jobs Act, the business was able to reinvest in the community and buy more equipment:
Mark Schiller of Loon Liquor in Northfield also that the tax break has enabled his distillery to expand its business dramatically, which he's reinvested in the local agriculture community and other local businesses. If the tax break goes away, he says it would force him to cut back planned investments significantly.
"This tax break enabled us to invest more in local agriculture, more in our inventory, more in barrel aging our spirits, which is important for future profitability, and more in equipment," he said. "If it goes away, that will dramatically impede our business growth or our ability to invest in growth." – Faribault Daily News
Lyon Distilling Company (St. Michaels, Maryland) – The owner said that the distillery used savings from the Tax Cuts and Jobs Act to double locations, create new jobs, and invest in new equipment:
I mean, in the last two years every distillery I know has taken the savings from this tax cut and reinvested in their team, in their equipment, expanded, doubled locations. Lyon Distilling has grown ten times in size alone in the last two years. – Dec. 5, 2019, WMAU radio show.
Maine Beer Co. (Freeport, Maine) – The company used savings from the Tax Cuts and Jobs act to expand and reinvest in the business and employees:
“The savings resulting from the adjusted FET rates have had a huge impact on the brewing industry here in Maine,” Dan Kleban, co-owner of Maine Beer Co., said in a news release from the Brewers Association, a Boulder, Colo.-based trade group.
“Our company was already in the midst of an expansion when this bill passed, and the savings allowed us to reinvest in the business, our employees and the environment," Kleban said. "Growth in Maine’s brewing industry has helped boost other economies throughout the state; creating new agricultural opportunities, helping increase tourism and even shaping beer science programs in our local colleges. In uncertain financial times, these savings help create a stronger economic future here in Maine.” – Dec. 27, 2019, Mainebiz article.
Market Garden Brewery (Cleveland, Ohio) – The tax cuts allowed the brewery to add new jobs and invest more in their facility:
Sam McNulty, co-founder of multiple Cleveland brewery/restaurants including Market Garden Brewery and Bar Cento, credited the tax break with helping his operations expand at an accelerated rate, "which in our case meant several million dollars of investment in our facility as well as the creation of a large number of full-time positions."
Not having certainty for the tax cut beyond next year could stymie other, more long-term investments.
"As in life, so it goes in business, where if the future is uncertain, you are more likely to be less secure and optimistic and thus more conservative and frugal," McNulty said. "There's not a bank on the planet that will finance a business that has only a one-year lease. And so a one-year extension is appreciated, but it is not enough to really fuel this growing industry and reach the full promise of the economic benefits of local craft beer." – Dec. 17, 2018, Crains Cleveland article.
Middle Ages Brewing (Syracuse, New York) – The Tax Cuts and Jobs Act allowed the company to reinvest in employees and equipment:
"For us it completely went back into the business or reinvested into employees or equipment,” said Isaac Rubenstein, the director of production at Middle Ages Brewing. “It was huge."
…
Newer breweries have been saving a few thousand dollars a year. Middle Ages has been saving about $20,000, so they're on edge about losing the tax relief.
"It would be devastating,” said Rubenstein. “Plans for next year might have to change, redo the budget a little bit. Some equipment that's on the list might get crossed off. It might be a part time employee. It would be really bad." – Dec. 18, 2019, Spectrum News article.
Mississippi River Distilling Co. (Le Claire, Iowa) – The owners of the distillery said that the Tax Cuts and Jobs Act helped create new jobs:
Both Quint and Ryan Burchett, co-owner of Mississippi River Distilling Co. in Le Claire, said the tax cut — formally called the Craft Beverage Modernization and Tax Reform Act — has helped their businesses add full- and part-time jobs.
Cedar Ridge currently has 24 full-time and 28 part-time employees and, Quint said, now that he’s “optimistic” the liquor tax cut will be extended, he plans to make two new job offers over the next two weeks.
Burchett said Mississippi River Distilling had three full-time and five part-time employees in 2017, before Congress approved the liquor tax cut as part of the broader Tax Cuts and Jobs Act. – Dec. 18, 2019, The Gazette article.
Mother Earth Brewing Company (Nampa, Idaho) -- The Tax Cuts and Jobs Act allowed the brewery to almost double their production, buy new equipment, and hire new employees:
Even the largest Idaho craft brewery has a fraction of that productivity. Mother Earth's Idaho brewery (the company has a second location in California) produced 10,000 barrels in 2018, the first year of the tax cut. This year, the brewery expects to produce 18,000 barrels, according to owner Daniel Love.
….
Mother Earth hired two new employees and bought two Unitanks, stainless steel fermenters, with the tax savings. -- Oct. 19, 2019 Idaho Press Article
Newport Craft Brewing & Distilling (Newport, Rhode Island) – Because of the Tax Cuts and Jobs Act, the company was able to buy new equipment and expand:
"The past two years has seen us invest heavily in the business, hiring people, investing in equipment and expanding. That becomes much more difficult when there's a sudden huge expense," Brent Ryan, co-founder of Newport Craft Brewing & Distilling, said.
"A lot of brewers and distillers were managing through it before two years ago, gradually growing, and when the tax law passed, they were able to say, 'Wow, I can invest even more in my business.' Now, if this doesn't get passed, you're looking at having businesses cut back on hiring and investing and growth." – Dec. 25, 2019, Providence Journal article.
Ole Smoky Distillery (Gatlinburg, Tennessee) - bonuses for non-senior management employees, purchasing new equipment, opening a new distillery, hiring new employees:
“We are very supportive of the new tax programs, as they are providing an opportunity for us to further invest in our team and business activities,” said Robert Hall, CEO of Ole Smoky Distillery. “We greatly value all our very talented employees, and are always striving to do what is best for them and the surrounding community. We will be using some of our tax savings to reward many of these hardworking individuals, as well as increasing our investment in new business endeavors. We couldn’t think of a better day to make this announcement.”
The moonshine distillery will be using some of the tax cut savings to provide bonuses for all employees below senior management, proportional to their tenure with the company. Additionally, because of its rapid business growth, the company has created many more jobs, particularly in East Tennessee, and plans to continue that growth by investing further in its Sevier County distilleries and expanding its footprint to Nashville, where it plans to open a 4th distillery and retail/entertainment location in the fall. New equipment has already been installed at the company’s largest distillery, the Holler, in order to expand production capacity. More equipment is on order for its Pittman Center bottling facility to continue the capacity expansion of that facility. - April 17, 2018, Ole Smoky Distillery press release excerpt
One Coastal Bend (Corpus Christi, Texas) – The tax cut allowed the brewery to create new jobs and buy more equipment:
One Coastal Bend craft beer brewer is breathing a sigh of relief after Congress decided to extend a federal tax cut.
Nueces Brewing Company, co-owned by Brandon Harper, opened back in June with help from the Craft Beverage Modernization and Tax Reform Act. The Reform Act allows breweries a cut in the amount of taxes paid on the first 100,000 proof gallons. A temporary excise tax cut was set to expire on Dec. 31.
Harper said Congress agreed to extend it for another year. Harper will continue to be taxed $7 on every barrel of beer he produces instead of $14.
"The last thing we want to have to do is to raise our prices. We want to be able to keep operating, provide great beer at affordable prices. It's hard for us to compete with the big boys," Harper said.
According to Harper, thanks to that tax cut he can now buy more equipment and hire more people. – Dec. 17, 2019, KIIITV article.
Pig Minds (Machesney Park, Illinois) – Because of the Tax Cuts and Jobs Act, the brewery was able to create new jobs:
Illinois breweries have 26 days until a tax break expires. That's why hundreds of small businesses are coming together to ask congress for an extension.
For Shane Johnson, expanding Pig Minds in Machesney Park is going to make a huge difference in the way it does business.
"We are getting ready to expand our brewing capabilities, add a canning line so we can get a bigger footprint out and keep up with demand. We have a problem with keeping up with demand with two of our beers, especially in the summer time. This is going to alleviate that problem," said Pig Minds General Manager Shane Johnson.
One way the brewery was able to expand is with a little help saved from the Federal Excise Tax (FET) rate. The Illinois Craft Brewers Guild says since 2017, the tax break has saved breweries money by lowering the cost of barrels from $7 each to $3.50 each. – Dec. 5, 2019, WREX article.
Port City Brewery (Alexandria, Virginia) -- Because of the Tax Cuts and Jobs Act, the company was able to pay employees more, offer better benefits, and buy more equipment:
At Port City, which opened in 2011 and is the oldest packaging brewery in the Washington, D.C.-area, the lower rate amounted to annual savings of roughly $50,000, Butcher said. With that money, Port City was able to pay its employees more, provide them with better benefits, including the employer match for retirement, and add more tanks and automation, he said.
"All those things have become much easier with this lower tax rate," Butcher said. -- Sept. 26, 2019 Washington Examiner
Portland Cider Company (Clackamas, Oregon) – Because of the Tax Cuts and Jobs Act, the owner was able to create new jobs and invest in new equipment:
Jeff Parish, Co-Founder of Portland Cider Company and Committee Member of the United States Association of Cider Makers: “As a cider maker, the temporary CBMTRA allowed me to purchase new equipment, hire new staff and grow my business. If the excise tax credits go away, I have to reverse those choices. We're hopeful the permanent version of the bill passes, so we can plan with certainty for a growth-future." – Feb. 6, 2019, U.S. Senate Finance Committee press release.
Portsmouth Brewery (Portsmouth, New Hampshire) – The founder of the brewery said that the tax cut allowed the company to hire more employees and invest in new equipment:
"For a small brewery like us, we make about 1,000 barrels a year,” said Peter Egelston, founder of Portsmouth Brewery. “So saving $3.50 per barrel, you can do the math, that's about $3,500 in savings. That may not sound like a lot of money, but it is."
The tax cut was set to expire at the end of 2019, but with support from Congress, Trump signed a one-year extension.
"That's money going back into small businesses, and it's being used to invest in equipment,” said Egelston. “It's being used to hire more people. It's being used in a lot of different ways. That’s a choice each individual business can make. When they get a windfall like a reduced tax rate, they can either keep that money in the business or they can pass it along to the consumer in the form of lower prices." – Jan. 1, 2020, WMUR article.
Rebecca Creek Distillery (San Antonio, Texas) -- The company was able to use savings from the Tax Cuts and Jobs Act to hire more people and expand:
Rebecca Creek Distillery LLC’s Steve Ison said that if Congress fails to extend that tax relief, it will severely strain the craft beverage industry and hamper his company’s ability to continue expanding.
“It saved us a million bucks,” Ison said. “With that money, we were able to expand and hire more people.”
Backers of the act note that it reduces taxes on distilled spirits, for example, by more than $10 for the first 100,000 gallons produced or imported annually. There is less of a reduction for additional gallons produced. -- Dec. 3, 2019 San Antonio Business Journal
Red Leg Brewing Company (Colorado Springs, Colorado) – The local brewery was able to use money saved because of the Tax Cuts And Jobs Act and put it towards hiring more people, health insurance for employees, 401(k) contributions for employees, and for production growth:
In a matter of days, Red Leg Brewing Company will tap into its next chapter.
The company announced this week it will break ground on an $8 million expansion project Friday along Garden of the Gods Road.
Todd Baldwin, president and founder of Red Leg, told News 5 the move will enable his company to increase its beer output from 2,500 barrels to 10,000.
"Our goal was always to be the craft beer of the military, to be on every military base in the world, and this new facility's going to allow us to do that," Baldwin said.
Red Leg's growth is not only tied to the product and innovative ideals. As a whole, craft brewers have also capitalized on an excise tax break included in President Trump's 2017 tax cuts, reducing what they pay the government for every barrel produced.
That relief allowed brewers to use the money elsewhere. At Red Leg, Baldwin said it paid for production growth, improvements in quality assurance and manpower.
"The last two years, we've invested more in now only our people here, but we were able to start health insurance and a 401(k) this year for our employees, which is super cool. And we were able to bring on more employees," Baldwin said. – Dec. 10, 2019, NBC Southern Colorado.
Right Proper Brewing Company (Washington, D.C.) -- The Tax Cuts and Jobs Act allowed the company to keep beer prices low:
At Right Proper Brewing Company in Washington, D.C., the tax cut saved the company more than $13,000. The brewery produces roughly 600 barrels annually at its restaurant and another 3,200 barrels at its production house in Northeast D.C., which opened in December 2015, co-owner Leah Cheston said.
With the rate of $3.50 per barrel, the reduced federal excise taxes have allowed Cheston to keep prices at Right Proper's brewpub low, especially when compared with other restaurants in the area.
"It's prevented us from having to raise prices because everything increases constantly," she said. "To get that break is great. As a small business, every little bit counts." -- Sept. 26, 2019 Washington Examiner
Russian River Brewing Co. (Windsor, California) – Because of the Tax Cuts and Jobs Act, the owner is planning on using the savings to buy "a freakin' generator."
Russian River Brewing Co. in Windsor would save about $140,000 next year from the federal excise tax break if it produces up to 40,000 barrels, co-owner Natalie Cilurzo said.
“Guess what we will probably spend that on? A freakin’ generator,” Cilurzo said in a text, referencing backup costs incurred from the October PG&E power shut-offs and the possibility the brewery will buy instead of rent a generator for next year’s wildfire season. – Dec. 18, 2019, Sonoma News article.
Shortway Brewing Co. (Newport, Connecticut) -- Increasing wages and hiring new employees:
Mr. Shortway said the new tax plan, along with the Craft Beverage Modernization and Tax Reform Act, also passed last year, have already helped the brewery save money. The craft beverage act greatly reduced excise taxes on small-scale brewers and the tax plan has additional provisions designed to help small businesses. - May 11, 2018, Carteret County News-Times article excerpt
Sprecher Brewing Company (Milwaukee, Wisconsin) – The brewery used savings from the Tax Cuts and Jobs Act to reinvest in the company and create new jobs:
"Other breweries in this area are certainly doing the same thing with the savings they get as we are here," said Jeff Hamilton, president of Sprecher Brewing Company. "This act gave a bit of a tax break to all alcohol producers."
Right now, the team at Sprecher said the money saved from the tax breaks goes back into the business.
"Gives us additional funds that can be reinvested back into the company," Hamilton said. "Back into creating additional products, which on top of that creates new jobs." – Oct. 9, 2019, Fox 9 article.
Southern Grace Distilleries (Mount Pleasant, North Carolina) – Hiring new employees, expanding visitor center, and investing in business expansion:
"The reduction in the federal excise tax has allowed us to hire additional staff, increase our whiskey production, expand our visitor center and invest in marketing which is critical to the growth of our Conviction Small Batch Bourbon brand," said Southern Grace Distilleries CEO Leanne Powell. "At the end of last year our bourbon was available in NC, SC and Washington, DC. Today you can also find Conviction Small Batch Bourbon in Louisiana, Illinois, Oklahoma and Connecticut. We couldn't be happier." – April 26, 2018 Southern Grace Distilleries press release excerpt
St. Augustine Distillery (St. Augustine, Florida) - Hiring new employees, purchasing new equipment and inventory:
“As a young business facing more than their share of regulatory challenges, the St. Augustine Distillery was relieved, to say the least, when the Tax Cuts & Jobs Act was signed into law. The distillery announced shortly after the bill’s passage that they would be using their savings to make further investments in their employees and increase their equipment and inventory, creating new local jobs and hiring additional staff to manufacture, market, and sell their products.” - May 17, 2018, Rep. John Rutherford statement on U.S. House Floor
Stillmank Brewery (Green Bay, Wisconsin) – The owner of the brewery said that he was able to use savings from the Tax Cuts and Jobs Act to create new jobs and grow his company:
It did help us,” Brad Stillmank, Owner and Brewer at Stillmank Brewery in Green Bay said, “you know, accelerate our growth to where we are now.”
Stillmank added that his brewery currently produces between 1,500 and 2,000 barrels of beer annually, meaning that with the tax cuts, his business is saving almost $7,000 every year.
He explained that breweries are still taxed in other ways, despite the cut, “We’re still responsible for paying all the other taxes that any other business would have to, this is just a tax that’s above and beyond for our particular business segment.”
....
Stillmank says that over the past two years, he has been able to invest more in his business and the community, evening hiring extra personnel as a result of the tax breaks.
“For the last two years we’ve been doing our best to take advantage of the opportunity that we have had with that,” he explained, “and we have grown our company and we have added employees.”
Without the tax cuts, Scanzello told Local 5 he worries that that kind of growth will falter across the area, including in businesses that supply local breweries.
“Cleaning chemical companies, hop purveyors, or equipment manufacturers are all going to be impacted by anything that’s going to stunt the growth in the industry,” he said. – Dec. 11, 2019, CBS Green Bay Article.
Stormcloud Brewing Company (Frankfort, Michigan) -- Savings from the Tax Cuts and Jobs Act allowed the company to buy new equipment and hire more employees:
“When the initial tax credit passed, it was an immediate savings for us and we were at a time when our business was continuing to grow, and so we took that opportunity to look at how we could invest in additional equipment, which brought on new employees as well,” said Stormcloud Co-Owner Rick Schmitt.
…
“We were able to add tank space, which allowed us to increase our distribution footprint, so today we’re in 35 counties in Michigan and likely we wouldn’t be there today if it weren’t for this tax credit,” said Schmitt.-- Oct. 7, 2019 9 & 10 News
Streetside Brewery (Cincinnati, Ohio) – Used savings from the Tax Cuts and Jobs Act to hire more employees and buy new equipment:
Garrett Hickey was among those who were feeling relieved as 2020 arrived. He is a co-owner of Streetside Brewery which does 1,200 barrels a year.
Its per barrel tax would have doubled if President Donald Trump had not signed an extension of the federal alcohol tax cut. As a result, Streetside foresees a steady, unimpeded trickle-down flow from the suds.
"Continue to hire new people, continue to buy new equipment, continue to work with charitable places," said Hickey. – January 3, 2020, WLWT5 article.
Sugarlands Distilling Company (Gatlinburg, Tennessee) – The Craft Beverage Modernization Act – a key part of the Tax Cuts and Jobs Act – helped Sugarlands Distilling Company plan a new 42,000 square foot distillery and barrel house. Sugarland is also investing $2 million in new equipment:
“We’re a small distillery, and this is a huge risk, one that we couldn’t have taken without the Craft Beverage Modernization Act. That’s given us the capital and the confidence that we needed to make a big bet on the future of our company. This month, we are breaking ground on a 42,000 square foot distillery and barrel house. We’re purchasing over $2 million worth of equipment, including one of the biggest pot stills Vendome has ever made. Each year, we’ll be buying almost $3 million pounds of corn and rye, and thousands of handcrafted American Oak barrels to produce our Tennessee whiskey.” -- Ned Vickers, President and CEO of Sugarlands Distilling Company
Sugarlands has a wonderful new video telling the story of the expansion. Here is an excerpt from the video:
“Our business is our passion. But just like every other business, we have our share of challenges. The Craft Beverage Modernization Act has allowed us to plan expansion, buy new equipment, create more jobs, and introduce ourselves to people in new neighborhoods. It means we can continue making an impact felt by all of our families, partners, and friends, for years to come.”
Sugarlands Distilling Company is a maker of many fine moonshines available online or in person in Gatlinburg.
San Tan Brewing (Chandler, Arizona) – The Tax Cuts and Jobs Act allowed the brewery to put their spirits on the market:
Anthony Canecchia owns San Tan Brewing, a company that produces large quantities of beer and a small amount of distilled spirits.
Canecchia and his team had been experimenting with spirits for a while before they put them on the market. In 2017, considering the tax cut, it seemed like a natural time to start production, he says. San Tan Distilling started selling its spirits, such as Saint Anne's vodka and Sacred Stave whiskey and bourbon, in 2018. – Dec. 20, 2019, The Arizona Republic article.
Telaya Winery (Boise, Idaho) -- The winery hired more employees and improved its marketing because of the Tax Cuts and Jobs Act.
At Boise’s Telaya Winery, grapes are sorted by hand onto a conveyor belt heading to the destemmer. Owner Earl Sullivan said the big bunches of fruit need to be pulled apart or they can explode in the machine.
“It’s a product of the freeze we just had a couple days ago,” he said, “We’re just having to work a little bit harder to make sure the fruit is as clean as we want it.”
Sullivan is also the chair of the Idaho Wine Commission Board. Today’s grapes are processed and barreled for aging, but won’t be bottled and taxed as wine for two years. That delay can make tax law changes difficult to prepare for.
“We spend several hundred thousand dollars per year on production for two years down the road, so the most likely impact in the short term would be a reduction in production,” Sullivan said. He also noted the winery has beefed up its hiring and marketing in the last two years while the tax rates have been lower. -- Oct. 22, 2019 Boise State Public Radio
The Beer Shop Co. (Tempe, Arizona) – Because of the Tax Cuts and Jobs Act, the owner was able to open his business and create jobs:
Dylan DeMiguel is a partner at the The Shop Beer Co. in Tempe.
Originally he thought he’d head to law school, but it turns out his entrepreneurial spirit drew him into the booze business.
It's booming, he says, thanks in part to a tax break that went into effect in 2018.
“We’re taking this money to fuel the growth of this company. We’re literally hiring people,” DeMiguel said. “We’re buying equipment. And we’re investing in our community.” – Dec. 8, 2019, KPNX 12 News article.
Thomas Hooker Brewery (Bloomfield, Connecticut) – The brewery used savings from the tax cut to expand the business and create new jobs:
U.S. Senator Richard Blumenthal of Connecticut says a federal tax credit for small-scale breweries, distilleries and wineries has helped create jobs in Connecticut.
The tax credit for small scale alcohol producers was initially part of the 2017 Trump tax cut. It’s been extended in the bipartisan federal budget passed by Congress last month. Blumenthal says he opposed Trump’s tax cuts to big business, but this particular tax cut is for small businesses and is a job creator.
“These craft breweries put the savings back into their businesses. They create jobs. They produce more beer. They meet demand. And they provide good value.”
Blumenthal spoke at Thomas Hooker Brewery in Bloomfield. Brewery owner Curt Cameron agrees that he’s putting 100% of his tax cut back into his business, “in our case a brand-new pizza kitchen, which is an offshoot of our existing business. It will create at least seven jobs immediately.”
If the tax break had not been extended, craft breweries like Thomas Hooker would have faced a federal excise tax increase of 400% this year. – Dec. 31, 2019, WSHU article.
The Mitten Brewing Company (Grand Rapids, Michigan) -- Because of the Tax Cuts and Jobs Act, the Michigan Brewery was able to produce new beer, preform new research, hire new employees, give employees pay raises and bonuses:
"It literally put money back into our pockets that we were spending before. We had been producing a bunch of new beers that we have been able to research and develop, and we’ve retained key employees, by giving them bonuses, raises, bringing in new employees," said Max Trierweiler, co-owner of The Mitten Brewing Company.” -- Oct. 7, 2019 WZZM13 Article.
The Raleigh Rum Company (Raleigh, North Carolina) – The rum company was able to reinvest in the business because of the Tax Cuts and Jobs Act:
The Raleigh Rum Company got its start back in 2014.
“The Raleigh Rum Company was actually started by three of us. We’re actually friends from high school. We went to Apex High in the area and we actually were just really inspired by the awesome craft beer that was in the area,” Matt Grossman, Co-Founder said.
Both local businesses helped by the Craft Beverage Modernization and Tax Reform Act that Congress passed back in 2017.
It lowered the federal excise tax from $13.50 per proof gallon to $2.70. Per bottle, the tax went down from $2.14 to 43 cents.
“That was a big impact for us. We were able to kinda reinvest into our business. Operate our equipment a little bit. We were definitely planning on making some hires here pretty soon,” Grossman said. – Dec. 17, 2019, CBS 17 article.
Trail Distilling (Oregon City, Oregon) – The distillery was able to hire more employees and invest in new equipment because of the Tax Cuts and Jobs Act:
“It allowed us to put that savings back into our distillery,” Sara Brennan, co-owner of Oregon City’s Trail Distilling told KOIN 6 in September. “It allowed us to hire more people for sales … (and) invest in more equipment so we can distill more product.” – Dec. 15, 2019, KOIN 6 article.
Twisted Path (Milwaukee, Wisconsin) – Because of the Tax Cuts and Jobs Act, the business is planning on hiring new employees:
With less than 20 days until the Craft Beverage Modernization and Tax Reform Act expires, local craft distillers are getting nervous. Brian Sammons, owner of Twisted Path Distillery in Milwaukee's Bay View area and president of the Wisconsin Distillers Guild, said the last few weeks have been scary for him and his small craft business.
"It's goofy to have this much business uncertainty just hanging in the balance," Sammons said.
…..
Sammons only has two full-time employees and four part-time. He is waiting to hire a full-time sales and marketing person because of the act's uncertain future.
Local distillers such as Sammons points to the political distractions in the House and Senate as a reason for the act's idleness. The act is bipartisan with 326 co-sponsors in the House and 73 co-sponsors in the Senate, more than three-quarters representation in each chamber. – Dec. 16, 2019, Milwaukee Business Journal article.
Warped Wing Brewing Co. (Dayton, Ohio) – The brewery plans to use savings from the tax cut to give raises to employees and buy new equipment:
“It’s a big deal for most of the breweries in Southwest Ohio,” said John Haggerty, co-owner of Warped Wing Brewing Co. in downtown Dayton.
Without the tax cut, beer brewers and most alcoholic-beverage producers would have been looking at a higher tax bill the second week in January. The tax cut also reduced the amount that distilleries paid on the first 100,000 proof gallons from $13.50 to $2.70 per gallon. A proof gallon is a gallon of spirits at 50 percent alcohol.
“We’ve been waiting for this. We planned for it to go up in our strategic budgeting for next year, but it’s hard because it affects decisions like giving raises to employees, buying new equipment, future bank loans and ultimately the price beer drinkers would have to pay. – Dec. 30. 2019, Dayton Daily News article.
Wibby Brewing (Longmont, Colorado) – Because of the Tax Cuts and Jobs Act, the brewing company was able to expand:
“We are so thankful that Congress has extended the current federal excise tax rates for another year,” said Ryan Wibby, president and brewmaster, Wibby Brewing, Longmont, Colo. “When preparing the 2020 budget, I was struggling to find the capital needed for the expansion of our growing brewery. The extension of the FET rates will free up $20,000, which will allow us to purchase the production equipment necessary to meet our projections and achieve our goals.” – Dec. 23, 2019, Wine Industry Advisor article.
Wood Boat Brewery (Clayton, New York) - Hiring new employees, expanding production:
Similarly, small producers of beer and liquor seem to be well positioned to take advantage of tax savings given the large cut to the federal excise charge across the industry. Mix in a lower overall tax rate and the savings start to add up. Some are using the proceeds to hire and reinvest. For example, in Watertown, NY, the Wood Boat Brewery started posting ads for full-time help after the law passed.
Owner Michael J. Hazelwood told the Watertown Daily Times in December that he’d likely expand production and hire staff with savings realized from the reduced excise tax. Now, like the Klavers of SALUS, it appears he has. - April 18, 2018, Capital One blog post excerpt
If you know of any additions to this list, please send to jkartch@atr.org
For the full national list of pay raises, bonuses, 401(k) match increases, expansions, and utility rate reductions due to the Republican tax cuts, visit www.atr.org/list
Photo Credit: Paul Joseph
Washington, D.C. Residents Will Get Stuck with Even Higher Utility Bills Due to Biden Corporate Tax Rate Hike

If Biden and the Democrats enact a corporate income tax rate increase, they will have to explain why they just increased your utility bills
If President Biden and congressional Democrats hike the corporate income tax rate, Washington, D.C. households and businesses -- not to mention the rest of the United States -- will get stuck with even higher utility bills.
Democrats plan to impose a corporate income tax rate increase to 28%, even higher than communist China's 25%. This does not even include state corporate income taxes, which average 4 - 5% nationwide.
Customers bear the cost of corporate income taxes imposed on utility companies. Corporate income tax cuts drive utility rates down, corporate income tax hikes drive utility rates up.
Electric, gas, and water companies must get their billing rates approved by the respective state utility commissions. When the 2017 Tax Cuts and Jobs Act cut the corporate income tax rate from 35% to 21%, utility companies worked with officials to pass along the tax savings to customers, including at least two D.C. utilities.
The savings take the form of either a rate reduction, a bill credit, or a reduction to an existing/planned rate increase.
Working with the Public Service Commission of the District of Columbia, Pepco and Washington Gas Light passed along tax savings to their customers.
Washington Gas Light: As noted in this October 18, 2018 Public Service Commission of the District of Columbia document:
The Public Service Commission of the District of Columbia approved an additional, one time bill credit for all Washington Gas Light Company customers in the District. (Formal Case No. 1151, Order No. 19720). The Commission took action to require Washington Gas to pass on to customers $5.2 million in additional savings that the company has realized as a result of the federal Tax Cuts and Jobs Act of 2017. The credit will appear on customer’s bills for gas distribution service during the December 2018 billing cycle, in an amount depending on the customer’s usage. For a typical residential heating/cooling customer, the credit will be approximately $20. The credit comes at a time when gas distribution bills tend to go up because of increase use for winter heating.
This is the second time that the Commission has required Washington Gas to pass on savings from the Tax Cuts Act to customers. The Commission previously ordered Washington Gas to lower its distribution rates starting in August 2018 to reflect $8.2 million in projected annual tax savings going forward. Since that time WGL residential heating/cooling customers have received on average a monthly bill savings of about $2.63. Wednesday’s action reflects tax savings from January 1 through July 31, 2018 that were not included in the August order.
Pepco: As noted in this Jan. 5, 2018 Pepco press release:
Pepco today announced they will file with the Public Service Commission of the District of Columbia in early February, outlining plans to provide annual tax savings to more than 296,000 electric customers in the District of Columbia. If approved, Pepco would plan to begin providing a credit lowering customer bills starting in the first quarter of 2018.
The tax savings are the result of federal tax reductions under the new Tax Cuts and Jobs Act, which was signed into law on Dec. 22, 2017, and became effective on Jan. 1, 2018. The decrease in the Corporate Tax Rate from 35 percent to 21 percent reduces the amount of federal income tax Pepco will have to pay.
“The tax law will result in lower bills for our customers and lower taxes for Pepco,” said Dave Velazquez, President and CEO, Pepco Holdings, which includes Pepco.
Conversely, a vote for a corporate income tax rate hike is a vote for higher utility bills as households try to recover from the pandemic.
Many small businesses operate on tight margins and can't afford higher heating, cooling, gas, and refrigeration costs. President Biden should withdraw his tax increases.
CLEAN Future Act Lays Groundwork for Backdoor Fracking Ban

Buried within the Democrats’ 981-page "climate" bill are provisions that would lay the groundwork for a nationwide fracking ban, threatening American production of oil and natural gas, U.S. energy independence, and affordable energy for consumers.
Section 623 is a federal power grab stripping states of the right to regulate hydraulic fracturing and could empower EPA to impose a nationwide fracking ban through federal regulation of fluids required for hydraulic fracturing.
Rather than allowing states to regulate fluids from hydraulic fracturing as they currently do, Section 623 would "prohibit the underground injection of fluids or propping agents pursuant to hydraulic fracturing operations" unless operators meet testing and data reporting requirements determined by political appointees at the EPA.
Democrats are using the long-debunked and anti-science notion that fracking is an inherent threat to groundwater in order to seize regulatory authority away from states. This provision would break from the Obama EPA's years-long assessment that federal regulation of fracking's impact on water resources was not required.
A resolution co-sponsored by state oil regulators in Texas and North Dakota in response to the CLEAN Future Act urges the Biden Administration and Congress to oppose the CLEAN Future Act on behalf of oil and gas producing states. In the rollout of the resolution, Texas Railroad Commissioner Wayne Christian labeled the CLEAN Future Act as "nothing more than the Green New Deal in lipstick,” that would "effectively federalize regulation of oil and gas, increasing costs to consumers and our national debt, while harming our energy independence and national security.”
Here is text straight from the resolution:
"The CLEAN Future Act would impose redundant and unneeded regulations on oil and gas drilling, hydraulic fracturing, and production operations currently regulated by the States..."
"The CLEAN Future Act contravenes the principle of cooperative federalism by creating significant regulations at the national level that will limit the ability of states to regulate the exploration and production of oil and gas within their jurisdictions."
Section 625 would allow EPA to classify "produced waters" as "hazardous waste" to prevent fracking, contrary to EPA's own 2019 assessment.
Exploration and production wastes have been regulated as non-hazardous wastes under the Resource Conservation and Recovery Act (RCRA) for decades. EPA's most recent assessment in 2019 reaffirmed this determination by concluding “revisions to the federal regulations for the management of exploration, development and production wastes of crude oil, natural gas and geothermal energy under Subtitle D of RCRA are not necessary at this time.”
Yet section 625 ignores these findings and labels the current classification as a "loophole" and an "arbitrary and needless evasion of regulations." The clear intent of Democrats in this section is to provide a pathway forward for political appointees at the EPA to alter the longstanding classification of produced waters from "non-hazardous waste" to "hazardous waste." Doing so would bring American fracking to a standstill as only 800 wells in the U.S. are equipped to handle hazardous waste compared to 180,000 non-hazardous waste wells, according to EPA data.
Wrongly reclassifying produced waters as hazardous waste would overwhelm the industry's capacity to handle hazardous waste and effectively shut down production.
Both of these provisions are attempts to concentrate the regulatory authority of American energy production at the federal level for the purpose of furthering the political Left's anti-fracking crusade.
Americans for Tax Reform urges Members of Congress to oppose the CLEAN Future Act.
More from Americans for Tax Reform
IRS Hasn’t Completed Mandated Complexity Reports in Almost 20 Years

In defiance of federal law, the IRS routinely fails to complete an annual report on ways to reduce tax complexity. The agency has done the report just twice – in 2000 and 2002.
The Internal Revenue Service Restructuring and Reform Act of 1998 (RRA 98) was a law created to reduce corruption in the IRS, improve taxpayer services, and make the agency more efficient. One of the provisions in the RRA is a directive to complete a tax law complexity report every year. These reports are supposed to contain the IRS's specific recommendations on how to make the tax code easier to comply with.
When the agency completed these reports, the recommendations helped Congress make improvements to the tax code, which in turn made the IRS’s job easier.
There is no reason the IRS cannot complete this task. When asked why they were not doing this report in 2015, the agency was unable to provide an answer. When National Taxpayer Advocate Nina E. Olson asked what it would cost to complete the report, the agency replied that it would just take two full time employees working for about a year:
“In response to a request for an estimate of the resources the IRS would need to produce the complexity report, the IRS’s Research, Analysis and Statistics (RAS) function stated that “as an order of magnitude” a paper that examined the relationship between tax complexity and income tax compliance required about two full time employees working for about a year.”
Two employees working on this report would be a wise use of IRS resources.
The text of the RRA clearly spells out that the IRS "shall" complete this report every year and "shall" include recommendations to reduce the complexity of the code and report provisions, that add undue complexity to tax laws, for repeal or modification:
SEC. 4022. TAX LAW COMPLEXITY ANALYSIS.
In general – The Commissioner of Internal Revenue shall conduct each year after 1998 an analysis of the sources of complexity in administration of the Federal tax laws… The Commissioner shall not later than March 1 of each year report the results of the analysis conducted under paragraph (1) for the preceding year to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. The report shall include any recommendations—
(A) for reducing the complexity of the administration of Federal tax laws; and
(B) for repeal or modification of any provision the Commissioner believes adds undue and unnecessary complexity to the administration of the Federal tax laws.
Meanwhile, IRS employees spend hundreds of thousands of hours per year on union activity.
In fiscal year 2013, IRS employees spent over 500,000 hours on union activity. Somehow, however, they cannot manage the resources to follow the law, particularly a law designed to make life easier for taxpayers.
The IRS has failed to complete this task under both Republican and Democrat administrations. In 1998, when the RRA was passed, lawmakers were attempting to solve corruption and inefficiency that, of course, existed then. It seems, no matter if the IRS is coming from a budget cut or a budget hike, the agency still fails to complete basic tasks.
Photo Credit: Marco Verch Professional Photographer
Wisconsin Residents Will Get Stuck with Higher Utility Bills Due to Biden Corporate Tax Rate Hike

If Biden and the Democrats enact a corporate income tax rate increase, they will have to explain why they just increased your utility bills
If President Biden and congressional Democrats hike the corporate income tax rate, Wisconsin households and businesses will get stuck with higher utility bills.
Democrats plan to impose a corporate income tax rate increase to 28%, even higher than communist China's 25%. This does not even include state corporate income taxes, which average 4 - 5% nationwide.
Customers bear the cost of corporate income taxes imposed on utility companies. Corporate income tax cuts drive utility rates down, corporate income tax hikes drive utility rates up.
Electric, gas, and water companies must get their billing rates approved by the respective state utility commissions. When the 2017 Tax Cuts and Jobs Act cut the corporate income tax rate from 35% to 21%, utility companies worked with officials to pass along the tax savings to customers, including at least five Wisconsin utilities. The savings take the form of either a rate reduction, or, a reduction to an existing/planned rate increase.
Working with the Public Service Commission of Wisconsin, Alliant Energy, Madison Gas & Electric, Superior Water, Light & Power, We Energies, and Wisconsin Public Service Corporation passed along tax savings to their customers.
Alliant Energy, Wisconsin: As noted in this May 26, 2018 Wisconsin State Journal article excerpt:
The average residential customer of Madison-based Alliant Energy can expect some of the highest amounts back, with a one-time credit of $22.92 on their electric bills and $6.99 for natural gas during the June billing cycle, followed by monthly credits of $4.11 for electricity and $1.15 for natural gas. That totals $40 million in refunds for 2018.
---
Alliant said its retail electric costs will rise by a total of $194 million in 2019 and 2020 as it brings on the 700-megawatt, natural gas-fueled West Riverside power plant near Beloit in the second half of 2019.
Alliant’s natural gas expenses are projected to rise $24 million over that period.
But rather than raising customer rates, the utility said it will cut costs via fuel savings and income tax reductions.
Madison Gas & Electric: As noted in this As noted in this May 26, 2018 Wisconsin State Journal article excerpt:
Madison Gas & Electric will return a one-time credit of $9.23 to its residential electric customers and $4.80 to natural gas customers by July 31. After that, electric bills will dip about $1.56 a month and gas bills by about $1 a month in 2018, MGE spokesman Steve Schultz said. That totals about $8 million worth of credits, according to PSC calculations.
The money represents excess taxes the companies have been collecting from ratepayers. Utility rates, set in advance, anticipated a 35 percent corporate tax rate. But Congress, in its tax reform package, lowered the rate to 21 percent.
Superior Water, Light & Power: As noted in this May 29, 2018, Superior Telegram article excerpt:
Residential customers of Superior Water, Light & Power will receive a $31.80 lump-sum credit on July bills as a result of savings accrued from the tax law Congress passed last year, according to an order issued Thursday by the Public Service Commission.
Customers in all categories will receive lump-sum and ongoing credits for each provided service. The largest electrical customer will receive a $61,807 lump sum credit and other non-residential customers will receive lump-sum electric credits varying from $13.70 to $3,106 depending on customer classification, according to the PSC order.
SWL&P estimated its total customer credits this year at $1.322 million.
We Energies: As noted in this April 26, 2018, Milwaukee Journal Sentinel article excerpt:
We Energies electric customers will receive a one-time credit in July and a slight decrease in electric rates in subsequent months from a portion of the savings from the company's lower federal corporate tax rate, state regulators decided on Thursday.
The Public Service Commission determined that 20 percent of the immediate savings from the lower tax rate should be passed on to customers.
The remaining 80 percent of the savings will go toward paying down deferred costs that stood at $424.5 million as of Dec. 31 but that are not included in current rates.
"It will be a win-win for our customers — providing an immediate bill credit while also helping to reduce future rate increases," Cathy Schulze, a We Energies spokeswoman, said in an email.
Wisconsin Public Service Corporation: As noted in this December 19, 2019 Public Service Commission of Wisconsin document:
On March, 23, 2019, WPSC requested Wisconsin jurisdictional revenue increases of $48.6 million (4.9 percent) in 2020 and $48.6 million (4.9 percent) in 2021 for its electric operations and revenue increases of $7.2 million (2.4 percent) in 2020 and $7.1 million (2.4 percent) for its natural gas operations. To accomplish an effective rate increase of 4.9 percent in each year for WPSC’s electric operations (WPSC electric), WPSC sought approval to apply $16 million of unprotected tax benefits resulting from the federal 2017 Tax Cuts and Jobs Act (TCJA) for the benefit of customers in 2020, $21 million of 2018 WPSC deferred revenue sharing benefits to customers in 2020, $7 million of 2018 excess fuel collections in 2020, and another $24 million of unprotected tax benefits in 2021. To accomplish an effective rate increase of 2.4 percent in each year for WPSC’s natural gas operations (WPSC gas), WPSC sought approval to apply $7 million of unprotected tax benefits resulting from the TCJA for the benefit of customers in 2020
Conversely, a vote for a corporate income tax rate hike is a vote for higher utility bills as households try to recover from the pandemic.
Many small businesses operate on tight margins and can't afford higher heating, cooling, gas, and refrigeration costs. President Biden should withdraw his tax increases.
ATR Applauds Rep. Van Taylor's Legislation to Safeguard American Taxpayers

Congressman Van Taylor (R-Texas), along with Congressman Lou Correa (D-Calif.), recently introduced H.R. 3364, the “Truth in Taxation Act,” bipartisan legislation that will require all legislation to clearly state if it cuts or increases taxes.
Americans for Tax Reform released a letter in support of this bill. If passed, this bill would ensure transparency, discourage hidden tax hikes within large spending bills, and hold politicians accountable.
Click here or see below to view the letter.
May 24th, 2021
Dear Congressman Taylor:
I write in support of H.R. 3364, the “Truth in Taxation Act,” bipartisan legislation you recently introduced with Congressman Lou Correa (D-Calif.). This bill would prohibit Congress from considering legislation which impacts federal taxes or fees unless it includes a statement explaining such increases or decreases. All members of Congress should support and co-sponsor this legislation.
The Truth in Taxation Act is a simple but important bill that will require all legislation to clearly state if it cuts or reduces taxes. This is a commonsense requirement that will help ensure more transparent lawmaking and prevent members of Congress from sneaking tax hikes into larger pieces of legislation.
The Truth in Taxation Act would prevent lawmakers from hiding away tax increases in 500-page bills, only for both legislators and the American people to find out about it later. After all, Democrats have already done this several times within the first few months of the new administration.
In the COVID-19 “relief” bill, the Democrats snuck in several tax increases, totaling $60 billion. These tax hikes were incorporated at the end of the legislative process, leaving little room for scrutiny and criticism.
It is imperative that there is transparency about the true cost of legislation. Lawmakers should be held accountable for the laws they introduce, vote for, and pass. A lack of accountability can facilitate new tax increases, as politicians can continue treating the American public like an endless jar of cash with no repercussions.
If lawmakers are serious about protecting taxpayers from tax increases, creating a more transparent government, and ensuring the impact of a law is understood before it is signed into law, they should co-sponsor and support your bill, the Truth in Taxation Act.
Onward,
Grover Norquist
President, Americans for Tax Reform
Photo Credit: United States Congress
RSC Budget Calls for Constraints on Spending and Taxpayer Protections

The Republican Study Committee Budget and Spending Task Force, led by Rep. Kevin Hern (R-Okla.) and Chairman Jim Banks (R-Ind.) released its FY2022 Budget.
In addition to nearly $2 trillion in tax cuts for working families and small businesses, the Budget also contains important institutional and constitutional protections for taxpayers, and vital constraints on spending. The Budget’s “Budget Process Reform” section calls for numerous reforms including a Balanced Budget Amendment, a cap on all revenues, and a permanent ban on earmarks.
The RSC Budget constrains federal spending through a Balanced Budget amendment, with the inclusion of taxpayer protections.
Specifically, the Budget calls for the adoption of a federal Balanced Budget Amendment (BBA) that would bar annual spending in excess of 20 percent of Gross Domestic Product (GDP). Importantly, the proposal includes provisions which prevent Congress from relying on tax hikes to balance the budget.
Capping spending at 20 percent requires government to live within its means. This strict spending cap is a significant step towards reining in the size of government and will help protect taxpayers from reckless and unnecessary government spending.
This Balanced Budget Amendment proposal is pro-taxpayer and will help put America on a path towards fiscal responsibility. This will force politicians to address Washington’s rampant spending problem by reducing spending.
The Budget would implement a joint revenue and spending growth cap.
Included in the Budget is a cap on all revenues as a percentage of nominal GDP. If this cap is exceeded, the federal government would be required to refund taxpayers, as the budget explains:
“In the event of a breach of this cap, treasury would be required to refund a percentage cut that equals the over-collected revenues. This refund would go to any person or entity that paid federal taxes and would be related to the total amount of taxes they paid. In this way the mechanism could not be used to force wealth redistribution.”
Many politicians are addicted to reckless, unchecked spending increases. Given this trend, protections are required to prevent wasteful spending and protect the earnings of working families. This cap would limit how much of the nation’s resources the federal government can seize and consume. This provision is especially important because the left's goal is to dramatically increase taxes and spending. President Biden's plan totals nearly $6 trillion in spending.
The Budget also permanently ban earmarks.
Earmarks are congressional provisions, often within large spending bills, directing funds to be spent on specific projects or programs. Funds would often be directed towards specific congressional districts, pressuring members into voting for legislation they wouldn't normally vote for.
Democrats recently brought back earmarks for the first time in a decade in order to gain a new tool to gain support for Biden's multi-trillion-dollar tax hikes and spending plans.
Earmarks are the currency of Congressional corruption and encourage the passing of legislation which was not adequate enough to garner real support. If a bill requires bribes, it simply should not become law.
The most infamous example of an earmark leading to frivolous spending is the “bridge to nowhere,” a project which began in 2005 when some members of Congress from Alaska requested funding to build the Gravina Island Bridge in exchange for their votes.
The bridge was going to connect the town of Ketchikan with a population under 9,000 to the Island of Gravina, an island with an airport and a population of 50. Despite the few number of residents and the availability of a ferry, taxpayers were going to fund the bridge for $320 million. While Congress put an end to this bridge project in 2015, other pork projects have been approved.
Citizens Against Government Waste lists the worst pork projects from 1991 to 2018 in its “Pork Hall of Shame.” Some examples include grasshopper research in 1999 for $7.3 million, combating Goth culture in 2002 for $273,000, and wool research in 2010 for $4.1 million.
Photo Credit: NASA HQ Photo
California Raises Tobacco Taxes...Again

Unfortunately for taxpayers in the Golden State, the California Department of Tax and Fee Administration (CDTFA) has decided to unilaterally increase the state’s tobacco tax by a whopping 11.5%. Each year, the CDTFA must reevaluate its tax rate for “Other Tobacco Products” (OTP). OTPs include pipe tobacco, cigars, and snuff. This new tax will go into effect July 1 of this year and will be re-evaluated and likely raised again by June 30, 2022.
This tax hike on OTPs will continue to disproportionally harm California’s most vulnerable populations. Data has demonstrated that tobacco tax increases have no statistically significant impact on smoking prevalence among those with household incomes of less than $25,000, and 72% of smokers come from low-income communities. Californians have already suffered incredible hardships due to the harsh, job-killing restrictions imposed on them by Democrats in Sacramento. This tax hike will further perpetuate financial stress on individuals who are already struggling to make ends meet.
Increased taxes on cigarettes and other tobacco products consistently result in lower than projected revenues. For example, when nearby Utah raised its tobacco tax, smuggled cigarettes doubled to over 20% of the market. In New York, smuggling has reached over 50% – and California is not far behind at 47.7% market share. As a result of these alternate unregulated markets, only three out of the 32 state tobacco tax increases studied met tax revenue estimates.
These tax hikes promote black markets for smuggled tobacco products. Most tobacco smuggling operations are run by multi-million-dollar organized crime syndicates who also engage in human trafficking and money laundering. In addition, profits from smuggling have been used to fund terrorist activity. The US State Department has explicitly called tobacco smuggling a “threat to national security.”
California is already one of the most highly taxed states in the nation, ranking 49th in the Tax Foundation’s 2021 Business Tax Climate Index. In addition to its harsh business tax climate, imposing regressive taxes - such as a tobacco tax hike - will only make the Golden State a less attractive place to live and will continue to drive businesses and families out of the state for better opportunities. The CDTFA must recognize this and begin implementing policies that will protect California taxpayers.
Photo Credit: jjkbach
More from Americans for Tax Reform
ATR Cheers TN Governor Signing Landmark Criminal Justice Improvements that Focus on Work, Treatment

Statement from Americans for Tax Reform President Grover Norquist on Governor Lee’s ceremonial signing of Tennessee House Bills 784, and 785 today:
“Governor Lee and Tennessee legislators have earned a hard-fought victory with the signing of needed conservative, commonsense improvements to Tennessee’s criminal justice system.
“This legislation will improve public safety by focusing on addiction issues, and removing counterproductive barriers to employment that too often contribute to people reoffending after their release.
“We applaud the Governor and Republican leadership for prioritizing these tremendous reforms, and look forward to helping to continue to protect the rights of Tennesseans’, and improve safety, while making government more efficient.”
Photo Credit: WikiMedia
More from Americans for Tax Reform
Kentucky Residents Will Get Stuck with Higher Utility Bills Due to Biden Corporate Tax Rate Hike

If Biden and the Democrats enact a corporate income tax rate increase, they will have to explain why they just increased your utility bills
If President Biden and congressional Democrats hike the corporate income tax rate, Kentucky households and businesses will get stuck with higher utility bills.
Democrats plan to impose a corporate income tax rate increase to 28%, even higher than communist China's 25%. This does not even include state corporate income taxes, which average 4 - 5% nationwide.
Customers bear the cost of corporate income taxes imposed on utility companies. Corporate income tax cuts drive utility rates down, corporate income tax hikes drive utility rates up.
Electric, gas, and water companies must get their billing rates approved by the respective state utility commissions. When the 2017 Tax Cuts and Jobs Act cut the corporate income tax rate from 35% to 21%, utility companies worked with officials to pass along the tax savings to customers, including at least seven Kentucky utilities. The savings take the form of either a rate reduction, or, a reduction to an existing/planned rate increase.
Working with the The Kentucky Public Service Commission, Atmos Energy, Duke Energy Kentucky, Inc., Kentucky Power Co., Delta Natural Gas, Kentucky-American Water Co., Kentucky Utilities and Louisville Gas and Electric Company passed along tax savings to their customers.
Duke Energy Kentucky, Inc.: As noted in this March 7, 2019 Daily Energy Insider excerpt:
Duke Energy customers will see $110.7 million in energy bill savings as a result of the Tax Cuts and Jobs Act of 2017, the company reports.
That money is spread between Duke’s Ohio and Kentucky customers. Electric customers will benefit most from this, with Ohio customers gaining $46 million and Kentucky customers $16.5 million in annual savings. Where natural gas is concerned, Ohio and Kentucky customers will each gain $3 million in savings, though another $37 million is under consideration in Ohio and another $5.2 million is under review by regulators in Kentucky.
In a single year, Duke said that this could gain individual households up to $70 for natural gas and $40 for electric in Ohio, while Kentucky customers could see up to $51 for natural gas annually and $55 for electric.
Kentucky Power Co.: As noted in this June 28, 2018 The Lane Report excerpt:
In a pair of orders issued today, the PSC approved changes that will have the net effect of reducing an average monthly residential bill by $5.90 for the remainder of 2018. The rates approved today take effect July 1 and will remain in place at least through 2020; Kentucky Power has agreed not to seek an adjustment to base rates to take effect prior to January 2021.
---
The January base rate order addressed the immediate impact of the corporate income tax reduction – a cut from 35 percent to 21 percent – that took effect at the start of this year. The remaining portion, most of it tied to deferred federal tax liabilities, was dealt with through a complaint filed by the Kentucky Industrial Utility Customers, Inc. (KIUC), an organization representing large industrial power users.
Atmos Energy: As noted in this May 4, 2018 The Lane Report excerpt:
The Kentucky Public Service Commission (PSC) has reduced the annual revenue of Atmos Energy, thereby lowering the average monthly bill for residential customers.
In an order issued today, the PSC reset rates that were established on an interim basis in March to reflect reduced federal corporate income tax rates that took effect at the first of the year.
The reduction in the monthly residential bill includes a reduction to zero of a $2.97 surcharge assessed to pay for an accelerated program to replace aging and potentially hazardous pipes in the Atmos distribution system. That surcharge was in addition to the interim $16.52 base monthly service charge.
The base monthly service charge will return to $17.50, which is the amount it was prior to the interim rates taking effect. The delivery charge for gas will rise from the interim $1.45 per 1,000 cubic feet to $1.73 per 1,000 cubic feet. A typical Atmos residential customer uses an average of 5,300 cubic feet per month.
---
Atmos filed a rate increase request in September 2017, seeking an additional $10.4 million in annual revenue from gas distribution operations, an increase of about 6.1 percent. Following the passage of federal corporate income tax reductions, Atmos revised the requested increase to about $1.76 million.
Delta Natural Gas: As noted in this September 21, 2018 WYMT Mountain News excerpt:
The Kentucky Public Service Commission (PSC) ordered Delta to give its customers monthly credit to reflect reduced federal corporate income tax rates.
The credit will come in two phases. In the first phase, the average residential customer using 5,000 cubic feet a month will get a monthly credit of $9.59. The PSC says this is a decrease of about 21 percent of the base rate costs. This first phase begins in October 2018 and ends in March 2019.
The second phase of monthly credit begins in April 2019. The average residential customer will then get a monthly credit of $3.84, about 8.5 percent of the base rate costs. This phase will continue until the next rate adjustment or federal tax laws change.
Kentucky-American Water Co.: As noted in this August 30, 2018 Kentucky Public Service Commission document:
On August 20, 2018, Kentucky-American filed a revised schedule of rates reflecting the amounts recorded as a deferred liability for the lower tax expense under the TCJA for the period of January 1, 2018, through July 31 , 2018, and an estimated August 2018 reserve. Kentucky-American proposes that the reduction in its revenue requirements attributable to the lower tax expense under the TCJA be returned to customers via a reduction in rates. The proposed rate reduction is based upon only the FIT rate reduction , while the rate impact of the TCJA on Kentucky-American's ADIT will continue to accrue as a deferred liability and will be addressed later in this proceeding, or in Kentucky-American's next base rate case. The proposed rate reduction returns to customers over the next ten months the deferred FIT liability for the eight months of January through August 2018, along with an additional ten months' worth of annual FIT savings over that same period based on authorized revenues from the last rate case.
Kentucky Utilities: As noted in this March 20, 2018 Kentucky Public Service Commission document:
The TCJA Surcredit will be applied for services rendered on and after April 1, 2018, through April 30, 2019. The parties do not anticipate the TCJA Surcredit continuing after that date because KU/LG&E plan to file for a change in their base rates - which will take into account the changes from the Tax Cut and Jobs Act, among other potential factors - effective May 1, 2019, either as approved by the Commission or placed in effect by KU/LG&E subject to refund based on the Commission's final orders in the anticipated rate cases.
KU/LG&E estimate the benefits of the Offer and Acceptance of Satisfaction for services rendered on and after April 1, 2018, through April 30, 2019, as follows:
Bill reductions to KU customers in the amount of $91,290,656, with $70, 180,255 taking the form of the TCJA Surcredit for an estimated 4.2 percent reduction to the monthly bill for the average KU residential customer.
Louisville Gas and Electric Company: As noted in this March 20, 2018 Kentucky Public Service Commission document:
The TCJA Surcredit will be applied for services rendered on and after April 1, 2018, through April 30, 2019. The parties do not anticipate the TCJA Surcredit continuing after that date because KU/LG&E plan to file for a change in their base rates - which will take into account the changes from the Tax Cut and Jobs Act, among other potential factors - effective May 1, 2019, either as approved by the Commission or placed in effect by KU/LG&E subject to refund based on the Commission's final orders in the anticipated rate cases.
KU/LG&E estimate the benefits of the Offer and Acceptance of Satisfaction for services rendered on and after April 1, 2018, through April 30, 2019, as follows:
---
Bill reductions to LG&E electric customers in the amount of $68,934,450, with $48,993,021 taking the form of the TCJA Surcredit for an estimated 4.3 percent reduction to the monthly bill for the average LG&E electric residential customer.
Bill reductions to LG&E's gas customers $16,663,609, with $16,229,321 taking the form of the TCJA Surcredit for an estimated 3 percent reduction to the monthly bill for the average LG&E gas residential customer.
Conversely, a vote for a corporate income tax rate hike is a vote for higher utility bills as households try to recover from the pandemic.
Many small businesses operate on tight margins and can't afford higher heating, cooling, gas, and refrigeration costs. President Biden should withdraw his tax increases.
ATR Leads Coalition to Prevent Further Expansion of the Durbin Amendment

Recently, a group of free-market organizations, led by Americans for Tax Reform Presidents Grover Norquist, sent a letter to Senate Banking Committee and House Financial Service Committee leadership opposing further attempts to expand the Durbin Amendment. Retail trade associations have continued to ask for further carve outs and price controls from payment businesses at the expense of customer's financial choices and security.
The Durbin Amendment was a last-minute addition to the Dodd-Frank Wall Street Reform and Consumer Protection Act. The amendment created payment routing mandates and instructed the Federal Reserve to imposed price controls on debit card interchange fees. These fees are collected at the point of sale, whether in-store or online, by banks and credit unions when payments are made using a debit card. These fees help fund innovation in the payment infrastructure, fraud and security protection, and customer service support.
The retail trade associations and Sen. Dick Durbin (D-Ill.), promised that the amendment would allow retailers to cut prices on their products, allowing consumers to benefit from these savings. A Federal Reserve study demonstrates in the following years after Dodd-Frank’s enactment, “all but 1 percent of retailers either raised prices or kept them level after Durbin.” A separate 2017 study found that “the overall adverse effect of the Durbin Amendment on lower-income consumers was approximately $1-3 billion per year.”
However, because of lost revenue, banks and credit unions have had to increase the costs of their financial services. According to the Richmond Federal Reserve, the Durbin Amendment has cost large banks $14 billion a year. Banks have recovered lost revenue by installing higher overdraft fees, increasing minimum balances, reducing access to free checking, eliminating debit card rewards, and charging higher maintenance fees. Hundreds of thousands of low-income households failed to receive lower retail prices as promised by retailer trade associations in exchange for inclusion of the Durbin Amendment in Dodd-Frank.
A decade after Dodd-Frank’s enactment, retail trade groups continue to ask Congress and federal regulators for further relief or to intervene in the payment card marketplace on the grounds of antitrust. However, robust competition exists in the marketplace for retailers to choose which payment routing network to use. Or retailers could choose to create their own co-branded credit cards that use the payment networks of their choice.
Additionally, if the Durbin Amendment expands to include credit cards, rewards programs enjoyed by millions who prefer to use credit cards will get rolled back without any guarantee of cost savings consistently promised from retailers. Republicans must continue to oppose the costly and ineffective expansion of the Durbin Amendment in the payment space.
Click here to view the letter or read below.
May 20, 2021
The Honorable Sherrod Brown, The Honorable Patrick Toomey, Ranking
The Honorable Maxine Waters, The Honorable Patrick McHenry, Ranking
Dear Chairman Brown, Ranking Member Toomey, Chairwoman Waters and Ranking Member McHenry,
On behalf of the undersigned organizations representing millions of consumers, we write to express our opposition toward legislative and Federal Reserve efforts that expand the Durbin Amendment routing mandate, both of which would limit competition and choice in the debit and credit card marketplace. Retail trade associations have consistently lobbied for greater intervention from the Federal Reserve, including forcing market participants to allow competitors to free ride on their innovative technology, a clear and uncompensated governmental taking, given the misleading title of “interoperability.” Additionally, the harm demonstrated from the Durbin Amendment is shown in the Federal Reserve’s own data, and we oppose further attempts to expand the Durbin Amendment to credit cards.
As organizations working to advance free-market policies to benefit every part of the American economy, we sympathize with businesses that have struggled due to the COVID-19 pandemic, and support policies to bring them regulatory and tax relief. We object, however, to policy actions proposed in the name of “relief” that benefit some businesses by massively raising costs on other businesses and consumers.
The Durbin Amendment was a last minute provision included in the Dodd-Frank Wall Street Reform and Consumer Protection Act which mandated price controls on interchange fees for transactions using debit cards. Since its passage, retail trade associations and some in Congress have searched for opportunities to expand the Durbin Amendment's reach to credit cards. Last year, the National Restaurant Association pushed for an unrelated expansion of the Durbin Amendment in any Covid-19 relief bill to cap credit card interchange fees. At the start of this year, Sen. Durbin (D-Ill.) supported antitrust measures to limit competition amongst payment providers and the services they offer.
The expansion of the Durbin Amendment is highly concerning and would directly harm consumers during the check-out process online and in-person. Any Durbin Amendment expansion to credit cards and the costs associated with such a policy will only serve to further limit consumer’s financial choices and could threaten $50 billion in rewards enjoyed by millions of consumers and retailers who use and accept rewards credit cards.
Retailer trade groups have continued to pressure Sen. Durbin and his Democrat colleagues to call for antitrust intervention by the Federal Reserve and Department of Justice to exercise greater control over the routing of transactions. Their calls are concerningly anti-competitive and misguided.
There are currently many options for retailers to choose for the routing of debit card payments. STAR, Accel, and Interac are some of the regional routing networks that retailers may choose to use to route debit card transactions if they do not wish to use debit card firms’ own networks. Retailers, however, have asked for the Federal Reserve to mandate that debit card firms allow the payment infrastructure of their proprietary networks to be used by these regional competitors. This request would allow some routing networks to free ride on the innovation of others while possibly comprising customer’s security at check-out.
Retailers clearly have choices and may also opt to create their own co-branded credit cards that use the payment networks of their choice. To do so, retailers may partner with a bank to issue the credit card, allowing the partnering bank to process the transaction, rather than a specific card network.
In both debit and credit card availability, competition already exists, with consumers continuing to benefit from choice in the marketplace.
Unsatisfied, retail trade groups have now initiated a lawsuit against the Federal Reserve itself for supposedly not instituting a “reasonable and proportional” interchange fee to process a debit card transaction.
Purposefully left out of the retailers’ latest complaint is the retailer’s failure to live up to their promises to reduce the cost of items in exchange for the Durbin Amendment’s addition to Dodd-Frank. The retail groups also omit in their complaint the security protections and innovation interchange fees help facilitate. A 2017 study published by the International Center of Law and Economics found that “the overall adverse effect of the Durbin Amendment on lower-income consumers was approximately $1-3 billion per year.” Interchange fees help fund security technology services, anti-fraud programs, customer service help lines and infrastructure needed by banks to process thousands of transactions a day.
Retail trade associations have proven themselves relentless in their justification of shifting billions of dollars away from consumers and limit choice within the marketplace. Consumers stand to lose the most with further government intervention and can expect to see a loss of rewards points, transaction security, and higher costs at check-out. We, the undersigned organizations, oppose any further intervention in the debit and credit card marketplace and encourage all members of Congress to vote against future expansions of the Durbin Amendment, either by legislation or misguided Federal Reserve policymaking.
Sincerely,
Grover Norquist
President, Americans for Tax Reform
Brent Wm. Gardner
Chief Government Affairs Officer, Americans for Prosperity
Robert Romano
Vice President of Public Policy, Americans for Limited Government
Heather R. Higgins
CEO, Independent Women’s Voice
Jerry Theodorou,
Director, Finance, Insurance and Trade, R Street Institute
Adam Brandon
President, FreedomWorks
Pete Sepp
President, National Taxpayers Union
Andrew F. Quinlan
President, Center for Freedom and Prosperity
Phil Kerpen
President, American Commitment
John Berlau
Senior Fellow, Competitive Enterprise Institute
Maureen Blum
Executive Director, USA Workforce
Matthew Kandrach
President, Consumer Action for a Strong Economy
Ryan Ellis
President, Center for a Free Economy
George Landrith
President, Frontiers of Freedom
Tom Schatz
President, Council for Citizens Against Government Waste
Garrett Bess
Vice President, Heritage Action for America
Photo Credit: Blue Coat Photos


















