Billionaires Income Tax Act
Congress Proposes 'Billionaires Income Tax' to Tax Unrealized Gains and End Wealthy Tax Loopholes
Stalled
No legislative action in over 90 days.
Legislative Progress
Key Points
- This bill would require the ultra-wealthy to pay taxes every year on the increased value of their investments, such as stocks and real estate, even if they do not sell them. This is known as 'mark-to-market' taxation, which treats the growth of wealth more like a regular paycheck that is taxed annually.
- The rules specifically target 'applicable taxpayers,' defined as individuals who have more than $1 billion in assets or earn more than $100 million in income for three consecutive years. It also applies to certain high-value trusts and estates.
- The policy aims to end a strategy called 'buy, borrow, die.' This is where billionaires buy assets that grow in value, borrow money against those assets to fund their lifestyles tax-free, and then pass the assets to heirs at death without ever paying capital gains taxes.
- For assets that are difficult to value every year, like private companies or certain real estate, the tax is paid when the asset is eventually sold. However, an extra interest charge is added to the tax bill to make up for the years the payment was delayed.
- The bill would treat assets given as gifts or passed down at death as if they were sold for their current market value. This means the person giving the asset (or their estate) must pay taxes on the profit at that time, preventing large fortunes from being passed to heirs tax-free.
- If passed, these new tax requirements would take effect for the tax year beginning January 1, 2026. The bill also includes new reporting requirements for banks and investment firms to help the government track the wealth of these individuals.
Impact Analysis
Personal Impact
Life & Work
Billionaire small business owners would face a deferral recapture charge with interest when they sell or transfer their privately held businesses, since private companies count as nontradable covered assets. The bill also eliminates the Section 1202 exclusion for gains on qualified small business stock for applicable taxpayers who acquire such stock after November 30, 2025, removing a tax benefit that encourages investment in small businesses by the ultra-wealthy.
Programs
Activities
Milestones
Referred to the House Committee on Ways and Means.
Introduced in House
The bill was officially filed and given a number. It now enters the legislative queue.
Sponsor introductory remarks on measure. (CR H4397)
Sponsor introductory remarks on measure. (CR E863)
Votes
No votes have been recorded for this legislation yet.
Related News
3 articlesDems, Advocacy Orgs Announce Billionaire Tax Plan
A bicameral group of Democrats introduced the Billionaires Income Tax (BIT) Act on September 17, 2025. The proposal requires individuals with over $100 million in annual income or $1 billion in assets to pay tax each year on the appreciation of tradable assets using mark-to-market rules.
Revival of the Wealth Tax May Prompt Constitutional Challenges
Senator Ron Wyden reintroduced the Billionaires Income Tax Act in September 2025 with first-time companion legislation in the House. The bill targets annual unrealized gains for the ultra-wealthy, but faces potential constitutional hurdles regarding the definition of 'direct taxes.'
Buy, Borrow, Die: How to be a billionaire and pay no taxes
This in-depth analysis explores the 'buy, borrow, die' strategy that Senator Ron Wyden's Billionaires Income Tax Act aims to eliminate. It explains how billionaires use asset-backed loans to fund their lifestyles tax-free and avoid capital gains taxes through stepped-up basis at death.
Source Information
Document Type
Congressional Bill
Official Title
Billionaires Income Tax Act
Data Sources
Sponsor
Cosponsors
(32)Analysis generated by AI. Always verify with official sources.