today I am reintroducing, along with Senator Grassley, the Government Settlement Transparency and Reform Act. This bill aims to end the subsidization of illegal corporate behavior by taxpayers by closing a loophole that allows corporations to reap tax benefits from payments made to the government stemming from settling corporate misdeeds. Corporations accused of illegal activity routinely settle legal disputes with the government out of court because it allows both the company and the government to avoid the time, expense, and uncertainty of going to trial. Under Federal law, money paid to settle corporate civil or criminal penalties is not deductible. But under the tax code, offending companies may often write off any portion of a settlement that is not paid directly to the government as a penalty or fine for violation of the law. Corporations exploit this provision by later characterizing settlement penalties as restitution and a tax-deductible business expense. I think most would agree that, for example, a corporation should not come to an agreement with the government to pay $500 million in criminal or civil fines and then when they file their taxes count those very fines as a business expense and take a tax windfall. Corporations that do this are effectively using taxpayer dollars to subsidize their illegal behavior.…
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