This act imposes a 100% tax on payments received by a taxpayer from a qualified settlement fund established as a result of a civil lawsuit filed by the President against the IRS.
Mark Pocan
Representative
WI-2
The Tax the Grift Act imposes a 100% tax on any payment a taxpayer receives from a qualified settlement fund established as a result of a civil lawsuit filed by the President against the IRS. This specific tax replaces ordinary income tax on these settlement amounts. The new tax is administered similarly to a regular income tax, but it is not deductible.
The 'Tax the Grift Act' introduces a new chapter to the Internal Revenue Code that effectively nullifies any financial gain a person might receive from specific legal settlements. Under Section 5000E, the government would impose a 100% tax on any 'qualified settlement fund payment'—which the bill defines as money coming from a fund created because the President of the United States sued the IRS in civil court. Essentially, if such a lawsuit results in a payout to an individual, the IRS is required to take every cent of that payment back in the form of a tax.
This isn't your typical income tax where the government takes a slice of the pie; in this case, the government takes the entire pie. The bill specifies that these payments are not included in a person’s 'gross income,' which sounds like a tax break until you realize it’s only excluded so that the 100% flat tax can be applied instead. For example, if a small business owner or a private citizen were to receive $50,000 from a settlement fund established after a Presidential legal victory against the IRS, they would technically receive the check, but would then owe exactly $50,000 to the Treasury. To make things even tighter, Section 275(a)(6) ensures that this 100% tax cannot be deducted from other taxes, meaning there is no way to offset the cost.
While the bill is technically clear, the scenario it describes is highly specific. It targets a very narrow window of legal action: a civil lawsuit filed specifically by the President against the Internal Revenue Service. For a regular person, this means that the economic benefit of being part of such a settlement is completely erased. If you were a worker expecting a payout from a fund established under these conditions, the 'Tax the Grift Act' ensures that the money moves from the IRS, through a settlement fund, and immediately back to the IRS.
The bill treats this new 100% tax with the same administrative weight as regular income tax, meaning all the standard IRS collection and enforcement powers apply. Because the tax applies to any amounts received after the bill becomes law, it could catch people off guard who are currently waiting on settlements from existing or pending litigation that fits this description. The primary challenge here isn't complexity—the math is a simple 1:1 ratio—but rather the fact that it renders the entire legal process leading to the settlement financially moot for the recipient.