Brown Unveils Bill to Repeal GOP Tax Giveaway

Legislation Would Unwind GOP Changes in CARES Act That Cost Taxpayers $195 Billion, More Than Was Given To Hospitals and To State and Local Governments

WASHINGTON, D.C. – Today, U.S. Senator Sherrod Brown (D-OH) unveiled bicameral legislation to repeal a massive tax giveaway for a small group of wealthy taxpayers that Republicans included in the coronavirus relief bill.  The legislation would do away with provisions in the Coronavirus Aid, Relief, and Economic Security (CARES) Act that the nonpartisan Joint Committee on Taxation (JCT) estimates will cost $195 billion over ten years, and that would overwhelmingly benefit wealthy taxpayers like hedge fund managers and real estate speculators.

Together, the Republican provisions are among the costliest parts of the CARES Act, despite having no real connection to battling coronavirus or its economic fallout.

“Senate Republicans have yet again favored Wall Street over workers and snuck in a handout to the richest of the rich in a package that is supposed to help Americans harmed by the worst public health crisis we’ve seen in our lifetime,” Senator Brown said. “Workers are struggling to figure out how to pay their bills, stay in their homes, and keep their families safe while Republicans are looking out for their wealthy friends. We need to invest in workers and small businesses harmed most by the financial consequences of COVID-19, not giving more tax breaks to billionaires.”

Joining Brown and Whitehouse on the bill in the Senate are Senators Tom Carper (D-DE), Patrick Leahy (D-VT), Bernie Sanders (I-VT), Tom Udall (D-NM), Richard Blumenthal (D-CT), Dick Durbin (D-IL), Jeff Markey (D-OR), Chris Van Hollen (D-MD), Angus King (I-ME), Elizabeth Warren (D-MA), Kamala Harris (D-CA), Amy Klobuchar (D-MN), Chris Coons (D-DE), Jack Reed (D-RI), Chris Murphy (D-CT), and Kirsten Gillibrand (D-NY).

The Republican provisions—sections 2303 and 2304 of the CARES Act—allow wealthy taxpayers to use losses in certain years to avoid paying taxes in other years.  Among other things, the changes allowed wealthy taxpayers to claim rich refund checks for the 2018 and 2019 tax years – before the coronavirus crisis hit.  And unlike programs in the CARES Act that required employers to use benefits for maintaining payroll and supporting workers, sections 2303 and 2304 let wealthy taxpayers keep the benefits with no strings attached.

Only after the Senate had already voted on the CARES Act did the full cost of the Republican provisions become clear.  According to an analysis from the JCT, just 43,000 individual tax filers covered by one of the Republican provisions would see their tax liability fall by a combined $70.3 billion in 2020.  Nearly 82 percent of those who will benefit from that provision makes $1 million or more, with 95 percent making over $200,000.

The tax benefits from the Republican provisions dwarf payments flowing to working Americans.  Based on the JCT’s analysis, millionaire tax filers benefiting from one of the provisions will see an average benefit of $1.6 million this year alone.  In contrast, direct payments to most Americans under the CARES Act are capped at $1,200.

The bill would repeal the Republican provisions and, in their place, add a provision designed to help small companies struggling to stay afloat.  This provision would be available to companies with under $15 million in receipts that have not engaged in excessive executive compensation, dividends, or stock buybacks.  Unlike the Republican provisions, the new provision would only apply to 2020 and would offer taxpayers advanced refunds of up to $100,000 now to give them cash when they need it.

The effort to repeal the Republican provisions has the support of nearly 150 organizations across the country.  Click here for the support letter organized by Americans for Tax Fairness.

Click here for expert analysis of these provisions recommending the approach taken by this legislation.