Critical Mineral and Extraction Tax Parity Act

Section 45X(c)(6) of the Internal Revenue Code of 1986 is amended—

(A) in subparagraph (AA), by inserting after clause (xxv) the following new clauses:

(xxvi) Boron.

(xxvii) Copper.

(xxviii) Lead.

(xxix) Metallurgical coal.

(xxx) Potash.

(xxxi) Rhenium.

(xxxii) Silicon.

(xxxiii) Silver.

(xxxiv) Uranium., and

(B) by adding at the end the following new subparagraph:

Phosphate which is—

(i) converted to—

(I) phosphoric acid, or

(II) phosphorus with a minimum purity of 99 percent phosphorus by mass, or

(ii) phosphate rock purified to a minimum purity of 20 percent phosphorus pentoxide by mass suitable for use in the production of phosphoric acid.

The amendments made by this subsection shall apply to minerals produced and sold after December 31, 2025.

Section 45X(d) of the Internal Revenue Code of 1986 is amended—

(A) by redesignating the paragraph (4) relating to restrictions relating to prohibited foreign entities as paragraph (5), and

(B) by adding at the end the following new paragraph:

In the case of a taxpayer that extracts ore that is subsequently refined into an applicable critical mineral, costs incurred by the taxpayer with respect to such extraction shall be treated as costs described in subsection (b)(1)(M) for purposes of this section if such taxpayer submits to the Secretary a certification from the refiner of such ore that—

(i) such ore has been refined into an applicable critical mineral, and

(ii) such refiner sold the applicable critical mineral to an unrelated person (as defined in subsection (a)(3)) and such sale occurred in a trade or business of the refiner.

The cost of extracting ore shall be taken into account under subparagraph (A) only if—

(i) such ore was extracted in the United States, or

(ii) in the case of ore extracted outside of the United States—

(I) the ore is of a type not extracted in the United States in commercial quantities, and

(II) the ore was not extracted in a foreign country of concern (as defined in section 10612(a)(1) of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19221(a)(1))).

The Secretary shall issue such regulations or guidance as may be necessary or appropriate to ensure that no costs which are treated as costs described in subsection (b)(1)(M) by reason of subparagraph (A) are included, directly or indirectly, in the costs of production of any applicable critical mineral by any taxpayer except as provided by such subparagraph.

The amendments made by this subsection shall apply to amounts paid or incurred after December 31, 2025.

Section 45X(b)(1)(M) of the Internal Revenue Code of 1986 is amended by striking (2.5 percent in the case of metallurgical coal).

The amendment made by this subsection shall apply to minerals produced and sold after December 31, 2025.