Crude Oil Windfall Profit Tax Act of 1980

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The Crude Oil Windfall Profit Tax Act of 1980 (P.L. 96-223) was enacted as part of a compromise between the Carter Administration and the Congress over the decontrol of crude oil prices. [1] The Act was intended to recoup the revenue earned by oil producers as a result of the sharp increase in oil prices brought about by the OPEC oil embargo. According to the Congressional Research Service, the Act's title was a misnomer. "Despite its name, the crude oil windfall profit tax... was not a tax on profits. It was an excise tax... imposed on the difference between the market price of oil, which was technically referred to as the removal price, and a statutory 1979 base price that was adjusted quarterly for inflation and state severance taxes." [2] [1]

Contents

Enactment

The 96th United States Congress was motivated to enact the tax by several factors:

Repeal

On August 23, 1988, amid low oil prices, the tax was repealed when President Ronald Reagan signed P.L. 100–418, The Omnibus Trade and Competitiveness Act of 1988. [3] Reagan had objected to the tax during his 1980 presidential campaign and promised to repeal it. [1] As with the enactment, Congress was motivated by several factors:

Since 1988, no windfall profit tax has been enacted in the U.S., however, when gas prices once again reached record levels there was renewed pressure on the U.S. government to bring back the tax. At least nine bills that purported to tax windfall profits of crude oil producers were introduced in the 110th United States Congress during 2007-08 (HR 1500, HR 2372, HR 5800, HR 6000, S.1238, S.2761, S.2782, S.2991, S.3044) .

The windfall profit tax of the 1980s is not to be confused with the excess profit taxes of World War I, World War II, and the Korean War eras.

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References

  1. 1 2 3 4 Thorndike, Joseph J. (November 10, 2005). "Historical Perspective: The Windfall Profit Tax -- Career of a Concept". Tax History Project. Tax Analysts . Retrieved September 4, 2016.
  2. 1 2 3 4 5 6 7 8 "CRS Report RL33305, The Crude Oil Windfall Profit Tax of the 1980s: Implications for Current Energy Policy, by Salvatore Lazzari, p. 5" (PDF). Archived from the original (PDF) on 2012-02-11. Retrieved 2020-12-06.
  3. TOM:/bss/d100query.html CRS Summary for H.R. 4848.
  4. 1 2 IRS' Administration Of The Crude Oil Windfall Profit Tax Act Of 1980, GAO/GGD-84-15, June 18, 1984.