Paying a Fair Share Act of 2025

#1243 | S Congress #119

Policy Area: Taxation
Subjects:

Last Action: Read twice and referred to the Committee on Finance. (4/1/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Paying a Fair Share Act of 2025" is proposed legislation aimed at ensuring high-income earners contribute a fairer share of federal taxes. The bill introduces a new tax, termed the "Fair Share Tax," specifically targeting individuals with an adjusted gross income exceeding $1 million (or $500,000 for married individuals filing separately).

Key provisions of the legislation include:

1. **Fair Share Tax**: This tax is calculated based on the excess of a taxpayer's income over the established threshold, applying a rate of 30% on the income exceeding that limit, adjusted for a modified charitable contribution deduction.

2. **Inflation Adjustment**: The $1 million threshold will be adjusted for inflation in subsequent years to ensure it remains relevant.

3. **Exclusions and Adjustments**: The tax is designed to work alongside existing tax liabilities, ensuring that the total tax burden reflects both regular tax and payroll tax obligations, while allowing for certain deductions.

4. **Effective Date**: The provisions of this act would apply to taxable years beginning after December 31, 2024.

5. **Sense of the Senate**: The bill expresses a desire for broader tax reform that eliminates loopholes, simplifies the tax code, and guarantees that wealthier taxpayers pay a fair share, positioning this act as a preliminary measure toward more extensive reform.

Overall, this legislation seeks to address wealth inequality by increasing the tax responsibilities of the highest earners, potentially reducing the federal deficit and paving the way for future tax reforms.

Possible Impacts

The "Paying a Fair Share Act of 2025" could have several effects on people, particularly those who fall into the high-income category, as well as on public services and the economy as a whole. Here are three examples:

1. **Increased Tax Burden on High-Income Earners**:
- Individuals with an adjusted gross income exceeding $1,000,000 will face a new tax obligation, which could significantly increase their overall tax burden. This may impact their disposable income, leading to changes in spending behavior, investment decisions, and savings patterns. High-income earners may choose to alter their financial strategies to mitigate the impact of the new tax, which could result in reduced expenditures in luxury markets or investments that rely on high-income discretionary spending.

2. **Potential Impact on Charitable Contributions**:
- The act modifies the charitable contribution deduction, which could lead to a decrease in the amount that high-income earners are willing to donate to charities. Since the tentative fair share tax calculation considers the modified charitable deduction, individuals may opt to reduce their charitable giving if they feel that the tax implications diminish the benefits of their contributions. This could affect the funding of non-profit organizations and community services that rely heavily on donations from wealthy individuals.

3. **Increased Government Revenue and Public Services**:
- The implementation of this tax is expected to generate additional revenue for the federal government, which could be used to fund public services and programs. This might lead to improvements in education, healthcare, infrastructure, or social programs that benefit a broader segment of the population, including middle- and lower-income individuals. As a result, communities could see enhanced public services, which may improve overall quality of life and support economic growth in these areas.

Overall, the "Paying a Fair Share Act of 2025" aims to address income inequality and ensure that wealthier individuals contribute a fairer share of taxes, which can have ripple effects throughout the economy and society.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1243 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
                                S. 1243

    To ensure high-income earners pay a fair share of Federal taxes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 1 (legislative day, March 31), 2025

   Mr. Whitehouse (for himself, Mr. Merkley, Mr. Blumenthal, Mr. Van 
 Hollen, Mr. Durbin, Ms. Klobuchar, Mr. Reed, Ms. Hirono, Mr. Sanders, 
  Ms. Baldwin, Ms. Warren, Mr. Booker, Mr. Welch, Ms. Smith, and Mr. 
    Markey) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
    To ensure high-income earners pay a fair share of Federal taxes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Paying a Fair Share Act of 2025''.

SEC. 2. FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS.

    (a) In General.--Subchapter A of chapter 1 of the Internal Revenue 
Code of 1986 is amended by adding at the end the following new part:

          ``PART VIII--FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS

``Sec. 59B. Fair share tax.

``SEC. 59B. FAIR SHARE TAX.

    ``(a) General Rule.--
            ``(1) Phase-in of tax.--In the case of any high-income 
        taxpayer, there is hereby imposed for a taxable year (in 
        addition to any other tax imposed by this subtitle) a tax equal 
        to the product of--
                    ``(A) the amount determined under paragraph (2), 
                and
                    ``(B) a fraction (not to exceed 1)--
                            ``(i) the numerator of which is the excess 
                        of--
                                    ``(I) the taxpayer's adjusted gross 
                                income, over
                                    ``(II) the dollar amount in effect 
                                under subsection (c)(1), and
                            ``(ii) the denominator of which is the 
                        dollar amount in effect under subsection 
                        (c)(1).
            ``(2) Amount of tax.--The amount of tax determined under 
        this paragraph is an amount equal to the excess (if any) of--
                    ``(A) the tentative fair share tax for the taxable 
                year, over
                    ``(B) the excess of--
                            ``(i) the sum of--
                                    ``(I) the regular tax liability (as 
                                defined in section 26(b)) for the 
                                taxable year, determined without regard 
                                to any tax liability determined under 
                                this section,
                                    ``(II) the tax imposed by section 
                                55 for the taxable year, plus
                                    ``(III) the payroll tax for the 
                                taxable year, over
                            ``(ii) the credits allowable under part IV 
                        of subchapter A (other than sections 27(a), 31, 
                        and 34).
    ``(b) Tentative Fair Share Tax.--For purposes of this section--
            ``(1) In general.--The tentative fair share tax for the 
        taxable year is 30 percent of the excess of--
                    ``(A) the adjusted gross income of the taxpayer, 
                over
                    ``(B) the modified charitable contribution 
                deduction for the taxable year.
            ``(2) Modified charitable contribution deduction.--For 
        purposes of paragraph (1)--
                    ``(A) In general.--The modified charitable 
                contribution deduction for any taxable year is an 
                amount equal to the amount which bears the same ratio 
                to the deduction allowable under section 170 (section 
                642(c) in the case of a trust or estate) for such 
                taxable year as--
                            ``(i) the amount of itemized deductions 
                        allowable under the regular tax (as defined in 
                        section 55) for such taxable year, determined 
                        after the application of section 68, bears to
                            ``(ii) such amount, determined before the 
                        application of section 68.
                    ``(B) Taxpayer must itemize.--In the case of any 
                individual who does not elect to itemize deductions for 
                the taxable year, the modified charitable contribution 
                deduction shall be zero.
    ``(c) High-Income Taxpayer.--For purposes of this section--
            ``(1) In general.--The term `high-income taxpayer' means, 
        with respect to any taxable year, any taxpayer (other than a 
        corporation) with an adjusted gross income for such taxable 
        year in excess of $1,000,000 (50 percent of such amount in the 
        case of a married individual who files a separate return).
            ``(2) Inflation adjustment.--
                    ``(A) In general.--In the case of a taxable year 
                beginning after 2025, the $1,000,000 amount under 
                paragraph (1) shall be increased by an amount equal 
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year in which the taxable year begins, 
                        determined by substituting `calendar year 2024' 
                        for `calendar year 2016' in subparagraph 
                        (A)(ii) thereof.
                    ``(B) Rounding.--If any amount as adjusted under 
                subparagraph (A) is not a multiple of $10,000, such 
                amount shall be rounded to the next lowest multiple of 
                $10,000.
    ``(d) Payroll Tax.--For purposes of this section, the payroll tax 
for any taxable year is an amount equal to the excess of--
            ``(1) the taxes imposed on the taxpayer under sections 
        1401, 1411, 3101, 3201, and 3211(a) (to the extent such tax is 
        attributable to the rate of tax in effect under section 3101) 
        with respect to such taxable year or wages or compensation 
        received during such taxable year, over
            ``(2) the deduction allowable under section 164(f) for such 
        taxable year.
    ``(e) Special Rule for Estates and Trusts.--For purposes of this 
section, in the case of an estate or trust, adjusted gross income shall 
be computed in the manner described in section 67(e).
    ``(f) Not Treated as Tax Imposed by This Chapter for Certain 
Purposes.--The tax imposed under this section shall not be treated as 
tax imposed by this chapter for purposes of determining the amount of 
any credit under this chapter (other than the credit allowed under 
section 27(a)) or for purposes of section 55.''.
    (b) Clerical Amendment.--The table of parts for subchapter A of 
chapter 1 of the Internal Revenue Code of 1986 is amended by adding at 
the end the following new item:

        ``Part VIII--Fair Share Tax on High-Income Taxpayers''.

    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2024.

SEC. 3. SENSE OF THE SENATE REGARDING TAX REFORM.

    It is the sense of the Senate that--
            (1) Congress should enact tax reform that repeals unfair 
        and unnecessary tax loopholes and expenditures, simplifies the 
        system for millions of taxpayers and businesses, and makes sure 
        that the wealthiest taxpayers pay a fair share; and
            (2) this Act is an interim step that can be done quickly 
        and serve as a floor on taxes for the highest-income taxpayers, 
        cut the deficit by billions of dollars a year, and help 
        encourage more fundamental reform of the tax system.
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