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HR8803 Referred to committee

Iran War Oil Crisis Windfall Profits Tax Act

Bill Text

Version IH
This Act may be cited as the Iran War Oil Crisis Windfall Profits Tax Act.
Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new chapter:
In addition to any other tax imposed under this title, in each applicable calendar quarter there is hereby imposed on any covered taxpayer an excise tax at the rate determined under subsection (c) on—
each barrel of taxable crude oil extracted by the taxpayer within the United States and removed from the property of such taxpayer during the calendar quarter, and
each barrel of taxable crude oil entered into the United States during the calendar quarter by the taxpayer for consumption, use, or warehousing.
For purposes of this section, the term applicable calendar quarter means any calendar quarter beginning with the quarter which includes the date of the enactment of this chapter, and ending with the quarter in which—
all hostilities with Iran have ceased (as declared by the President),
the Strait of Hormuz is fully reopened, and
the price of oil per barrel falls below $75 per the West Texas Intermediate.
The rate of tax imposed by this section on any barrel of taxable crude oil for any calendar quarter is the product of—
100 percent, and
so much of the price of a barrel of West Texas Intermediate oil over the covered calendar quarter as exceeds $75.
In the case of a calendar quarter beginning in any taxable year beginning after 2026, the amount determined under paragraph (1)(B)(ii) shall be increased by an amount equal to—
such dollar amount, multiplied by
the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2025 for 2016 in subparagraph (A)(ii) thereof.
If any dollar amount, after being increased under subparagraph (A), is not a multiple of $0.50, such dollar amount shall be rounded to the next lowest multiple of $0.01.
In the case of a fraction of a barrel, the tax imposed by subsection (a) shall be the same fraction of the amount of such tax imposed on the whole barrel.
For purposes of this chapter—
The term covered taxpayer means, with respect to any calendar quarter, any taxpayer if—
the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for calendar year 2025 exceeded 100,000 barrels, or
the average daily number of barrels of taxable crude oil extracted and imported by the taxpayer for the calendar quarter exceeds 100,000.
All persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as one person for purposes of paragraph (1).
The term taxable crude oil includes crude oil, crude oil condensates, natural gasoline, gasoline, and diesel.
The term barrel means 42 United States gallons.
The term United States has the same meaning given such term under section 4612.
The Secretary shall provide such rules as are necessary for the withholding and deposit of the tax imposed under section 5896 on any taxable crude oil.
Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil) with respect to such oil as the Secretary may by regulations prescribe.
The Secretary shall provide for the filing and the time of such filing of the return of the tax imposed under section 5896.
Not later than 90 days after the date of the enactment of this section, the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter.
The table of chapters for subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
The amendments made by this section shall apply to crude oil removed or entered after the date of the enactment of this Act, in calendar quarters ending after such date.
Subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by subtitle A for each taxable year beginning after December 31, 2025, an amount equal to the sum of the gasoline price rebate amount for calendar quarters beginning in such taxable year.
The term gasoline price rebate amount means, with respect to any taxpayer for any calendar quarter beginning in a taxable year, an amount determined by the Secretary not later than 30 days after the end of such calendar quarter taking into account the number of eligible individuals and the amount of revenues in the Iran War Gasonline Price Relief Fund resulting from the tax imposed by section 5896 for the preceding calendar quarter.
For purposes of this section, the term eligible individual means any individual other than—
any nonresident alien individual,
any individual who is a dependent of another taxpayer for a taxable year beginning in the calendar year in which the individual’s taxable year begins, and
an estate or trust.
For purposes of this section, the term dependent has the meaning given such term by section 152.
The credit allowed by subsection (a) shall be treated as allowed by subpart C of part IV of subchapter A of chapter 1.
Not later than 90 days after the date of the enactment of this section, the Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.
Not later than 30 days after the date of the enactment of this section, the Secretary shall carry out a robust and comprehensive outreach program to ensure that all taxpayers learn of their eligibility for the credits allowed under this section and are provided assistance in claiming such credits.
The Secretary of the Treasury shall pay to each possession of the United States which has a mirror code tax system amounts equal to the loss (if any) to that possession by reason of the amendments made by this section. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession.
The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits (if any) that would have been provided to residents of such possession by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply unless the respective possession has a plan, which has been approved by the Secretary of the Treasury, under which such possession will promptly distribute such payments to its residents.
The Secretary of the Treasury shall pay to each possession of the United States to which the Secretary makes a payment under paragraph (1) or (2) an amount equal to the increase (if any) of the administrative expenses of such possession—
in the case of a possession described in paragraph (1), by reason of the amendments made by this section, and
in the case of a possession described in paragraph (2), by reason of carrying out the plan described in such paragraph, or
No credit shall be allowed against United States income taxes under section 6434 of the Internal Revenue Code of 1986 (as added by this section) to any person—
to whom a credit is allowed against taxes imposed by the possession by reason of the amendments made by this section, or
who is eligible for a payment under a plan described in paragraph (2).
For purposes of this subsection, the term mirror code tax system means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.
For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section.
For purposes of this subsection, the term Secretary of the Treasury includes the Secretary’s delegate.
Section 6211(b)(4)(A) of the Internal Revenue Code of 1986 is amended by striking and 6433 and inserting 6433, and 6434,.
Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 6434, after 6433,.
The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:
The amendments made by this section shall apply to taxable years beginning after December 31, 2025.
Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:
There is hereby established in the Treasury of the United States a trust fund to be referred to as the Iran War Gasonline Price Relief Fund, consisting of such amounts as may be appropriated or credited to such trust fund as provided for in this section and section 9602(b).
There are hereby appropriated to the Iran War Gasonline Price Relief Fund amounts equivalent to the taxes received in the Treasury under section 5896.
The Secretary shall pay from time to time from the Iran War Gasonline Price Relief Fund to the general fund of the Treasury amounts equal to the amounts of refunds provided under section 6436.
The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item:
The amendments made by this section shall apply to taxable years beginning after December 31, 2025.

Legislative Timeline

3 actions
  1. May 13, 2026
    Introduced in House
  2. May 13, 2026
    Introduced in House
  3. May 13, 2026 House
    Referred to the House Committee on Ways and Means.
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