Regulators Disallow Tax Deduction for JPMorgan’s $1.7 Billion Settlement, Saving Taxpayers Close to $600 Million

Maryland PIRG

Maryland PIRG applauds regulators for protecting taxpayers in their recent settlement with JPMorgan over its gross oversights that allowed the Madoff Ponzi scheme to continue swindling people from around the nation out of billions of dollars.  By preventing JPMorgan from writing off its $1.7 billion payment, regulators saved taxpayers as much as $595 million.

The next step is for Congress to clarify the law so that taxpayers can never again be put on the hook for corporate wrongdoing. Bipartisan legislation (S. 1654) has been introduced in the Senate by Sens. Jack Reed (D-RI) and Chuck Grassley (R-IA) that goes a long way toward achieving this end.

According to a copy of the settlement posted by the New York Times, “JPMorgan agrees that the Stipulated Forfeiture Amount shall be treated as a penalty paid to the United States government for all purposes, including all tax purposes. JPMorgan agrees that it will not claim, assert, or apply for a tax deduction or tax credit with regard to any federal, state, local or foreign tax for any portion of the $1,700,000,000 that JPMorgan has agreed to pay to the United States pursuant to this Agreement.”

You can read Maryland PIRG’s research report on the tax implications of legal settlements, “Subsidizing Bad Behavior: How Corporate Legal Settlements for Harming the Public Become Lucrative Tax Write-Offs.

See also Maryland PIRG’s fact sheet for more information about how companies like JPMorgan Chase take advantage of the settlement loophole.