SenateS. 4588119th Congress

Taxing Buybacks from Big Oil Windfalls Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4588 Introduced in Senate (IS)]

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119th CONGRESS
  2d Session
                                S. 4588

 To amend the Internal Revenue Code of 1986 to increase the excise tax 
 for the repurchase of corporate stock by large oil and gas companies.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 20, 2026

 Mr. Wyden (for himself, Mr. Schumer, Mr. Bennet, Mr. Whitehouse, Mr. 
 Welch, Mr. Kim, Mr. Blumenthal, Mr. Van Hollen, Mr. Reed, Mr. Booker, 
    Ms. Hirono, Mr. Markey, Mr. Merkley, Mr. Schatz, and Ms. Smith) 
introduced the following bill; which was read twice and referred to the 
                          Committee on Finance

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to increase the excise tax 
 for the repurchase of corporate stock by large oil and gas companies.

    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 ``Taxing Buybacks from Big Oil 
Windfalls Act''.

SEC. 2. INCREASE IN TAX ON REPURCHASE OF CORPORATE STOCK BY LARGE OIL 
              AND GAS COMPANIES.

    Section 4501 of the Internal Revenue Code of 1986 is amended by 
redesignating subsection (f) as subsection (g) and by inserting after 
subsection (e) the following new subsection:
    ``(f) Application to Large Oil and Gas Companies.--
            ``(1) In general.--In the case of a covered corporation 
        which is an applicable corporation for the taxable year, 
        subsection (a) shall be applied by substituting `25 percent' 
        for `1 percent'.
            ``(2) Applicable corporation.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `applicable 
                corporation' means, with respect to any taxable year, 
                any corporation if--
                            ``(i) the average annual gross receipts of 
                        such corporation for the 3-taxable-year period 
                        ending with the taxable year which precedes 
                        such taxable year equals or exceeds 
                        $1,000,000,000, and
                            ``(ii) such corporation is primarily 
                        engaged in 1 or more oil or natural gas trades 
                        or businesses during the taxable year.
                For purposes of clause (i), rules similar to the rules 
                of paragraphs (2) and (3) of section 448(c) shall 
                apply.
                    ``(B) Oil or natural gas trade or business.--The 
                term `oil or natural gas trade or business' means any 
                trade or business that consists of one or more of the 
                following:
                            ``(i) The production of oil or natural gas.
                            ``(ii) The refining of oil or natural gas.
                            ``(iii) The processing of oil or natural 
                        gas.
                            ``(iv) The transportation of oil or natural 
                        gas.
                            ``(v) The distribution of oil or natural 
                        gas.
            ``(3) Application of subsection.--
                    ``(A) In general.--This subsection shall apply to 
                repurchases of stock made--
                            ``(i) after the date of the enactment of 
                        this subsection, and
                            ``(ii) before the first day of the first 
                        month beginning after the gasoline price 
                        requirement of subparagraph (B) is met.
                    ``(B) Gasoline price requirement.--The gasoline 
                price requirement of this subparagraph is met if the 
                weekly retail price of all formulations of regular 
                gasoline (as determined by the Energy Information 
                Administration of the Department of Energy) is less 
                than $2.937 per gallon for each week occurring during 
                any 5-consecutive week period ending after the date of 
                the enactment of this subsection.
                    ``(C) Special rule.--For purposes of applying 
                subsection (c)(3) to any taxable year which includes a 
                period to which this subsection applies and a period to 
                which this subsection does not apply, the amount of the 
                reduction determined under such subsection for such 
                taxable year shall be applied--
                            ``(i) by reducing stock repurchased during 
                        the period this subsection does not apply in 
                        the amount which bears the same ratio to the 
                        total amount of the reduction so determined for 
                        such taxable year as--
                                    ``(I) the number of days in the 
                                taxable year during such period, bears 
                                to
                                    ``(II) the total number of days in 
                                such taxable year, and
                            ``(ii) by reducing stock repurchased during 
                        the period this subsection applies by the 
                        excess (if any) of the total amount of the 
                        reduction so determined for such taxable year 
                        over the amount of the reduction determined 
                        under clause (i).''.
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