PolicyBrief
S. 1243
119th CongressApr 1st 2025
Paying a Fair Share Act of 2025
IN COMMITTEE

The "Paying a Fair Share Act of 2025" imposes a new tax on high-income taxpayers with an adjusted gross income exceeding $1,000,000, aiming to ensure they pay a fairer share of taxes.

Sheldon Whitehouse
D

Sheldon Whitehouse

Senator

RI

LEGISLATION

New 'Fair Share Tax' Targets Incomes Over $1 Million Starting in 2025

This bill, the "Paying a Fair Share Act of 2025," introduces a new tax aimed specifically at individuals with an adjusted gross income (AGI) exceeding $1 million per year. Think of AGI as your income before taking most standard or itemized deductions. If passed, this "fair share tax" would kick in for taxable years beginning after December 31, 2024, effectively adding another layer to the tax obligations for top earners.

How the 'Fair Share' Math Works

So, what does this actually mean for someone pulling in over a million bucks? The bill sets up a calculation to ensure these taxpayers contribute a certain minimum percentage of their income in taxes. It starts with a "tentative fair share tax," calculated as 30% of the taxpayer's AGI that exceeds a "modified charitable contribution deduction." However, this isn't necessarily the final amount due. The actual tax owed under this new rule is the difference between that tentative amount and the regular income taxes (plus some payroll taxes, minus certain credits) the person already pays. Essentially, if someone's existing tax liability is already high enough relative to their income (specifically, above the 30% tentative calculation), they might not owe much, or anything, under this new provision. It acts more like a minimum tax floor for high earners, ensuring their total tax burden hits a specific benchmark relative to their income and charitable giving.

The Charitable Giving Angle

One notable detail is the "modified charitable contribution deduction." Instead of using the full amount someone donates to charity (as allowed under standard deductions), this calculation uses a potentially smaller, pro-rated amount, especially for those who itemize deductions heavily. The exact calculation depends on the ratio of their itemized deductions. For those who don't itemize (which is rare at this income level), this specific deduction is zero for the purposes of this tax calculation. This structure could subtly change the tax incentive for charitable giving for those subject to this new tax, as the benefit within this specific calculation might be reduced compared to the standard deduction rules.

Real-World Ripple Effects

The most direct impact is on taxpayers with AGI consistently over $1 million – they'll face a potentially higher tax bill starting in the 2025 tax year. The $1 million threshold itself is set to be adjusted for inflation after 2025, so it will climb over time. Beyond the direct cost, the complexity of the calculation (involving AGI, specific deduction modifications, and interplay with existing tax liabilities) could mean more complicated tax preparation for affected individuals and their accountants. The bill also includes specific rules for how this applies to estates and trusts. While the Senate statement frames this as a temporary step towards broader tax reform, the immediate practical effect is a new calculation and potential added tax liability for the country's highest earners.