Tackling Predatory Litigation Funding Act
Sponsored By: Senator Thomas Tillis
Introduced
Summary
Creates a new federal tax on profits earned by third‑party litigation funders. The bill would add Chapter 50B to the Internal Revenue Code to tax and define income from litigation financing and to require withholding, effective for taxable years beginning after December 31, 2025.
Show full summary
- Third‑party funders. Profits that a covered party receives from a litigation financing agreement would be treated as "qualified litigation proceeds" and taxed at an "applicable percentage" equal to the highest individual tax rate plus 3.8 percentage points.
- Payers and law firms. A named party or affiliated law firm that pays a funder would need to withhold tax equal to 50 percent of the applicable percentage on payments to the funder. Withheld tax is the withholding party's liability and is creditable to the recipient with refund and credit procedures.
- Entity and tax‑treatment rules. For partnerships and S corporations the new tax applies at the entity level. The bill also changes capital asset rules and adds a new provision on qualified litigation proceeds to Subchapter B for tax treatment and definitions.
Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 0 costs, 1 mixed.
New taxes and rules for lawsuit funders
This bill would create a new tax on profits from third-party lawsuit funding. The tax would equal the highest individual tax rate for the year plus 3.8 percentage points. Partnerships, S corporations, and other pass-throughs would pay the tax at the entity level. Named parties or law firms that control proceeds would need to withhold half of that tax rate on payments to funders; withheld amounts would be a credit to recipients. The bill would also add a new rule saying qualified litigation proceeds are excluded from gross income and would not be treated as capital assets. The definitions would exclude very small deals (under $10,000 per case) and loans limited to repayment or interest capped at the greater of 7% or twice last year’s 30‑year Treasury yield. These rules would apply to U.S. and foreign funders and take effect for tax years starting after December 31, 2025.
Sponsors & CoSponsors
Sponsor
Thomas Tillis
NC • R
Cosponsors
Jon Husted
OH • R
Sponsored 5/22/2025
Bernie Moreno
OH • R
Sponsored 6/5/2025
Ashley Moody
FL • R
Sponsored 6/5/2025
Chuck Grassley
IA • R
Sponsored 6/10/2025
Steve Daines
MT • R
Sponsored 10/9/2025
Tim Sheehy
MT • R
Sponsored 2/26/2026
Roll Call Votes
No roll call votes available for this bill.
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