Financial Crisis Responsibility Fee
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The Financial Crisis Responsibility Fee was a
bank tax A bank tax, or a bank levy, is a tax on banks which was discussed in the context of the financial crisis of 2007–08. The bank tax is levied on the capital at risk of financial institutions, excluding federally insured deposits, with the aim of ...
proposed by U.S. President
Barack Obama Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the ...
in January 2010,Richard T. Page
"Foolish Revenge or Shrewd Regulation? Financial-Industry Tax Law Reforms Proposed in the Wake of the Financial Crisis?"
85 Tul. L. Rev. 191, 197-98, 205-14 (2010).
to apply to financial firms with $50 billion or more in consolidated assets. The fee would have been payable until the firm had paid off all money provided to it under the
Troubled Assets Relief Program The Troubled Asset Relief Program (TARP) is a program of the United States government to purchase toxic assets and equity from financial institutions to strengthen its financial sector that was passed by Congress and signed into law by President ...
(TARP). Approximately 50 banks and similar firms would have been charged the fee, raising a total of roughly $9 billion a year for at least 10 years. The fee would continue to be payable for longer if required to fully recover TARP costs. The fee would only apply to those U.S. firms, or firms that received TARP subsidies, with $50 billion or more in consolidated assets. The fee would be calculated by taking the total assets, subtracting that amount from
Tier 1 capital Tier 1 capital is the core measure of a bank's financial strength from a regulator's point of view.By definition of Bank for International Settlements. It is composed of ''core capital'', which consists primarily of common stock and disclosed res ...
and insured deposits, and then tax the remaining amount at a 0.15% rate. In February 2010, the Obama Administration made an announcement to further justify the imposition of the fee:
"Excessive risk undertaken by major financial firms was a significant cause of the recent financial crisis. . . . The fee would . . . provide a deterrent against excessive leverage for the largest financial firms."
As of February 2012, the fee had still not been enacted. The fee was proposed to satisfy the requirement in the Emergency Economic Stabilization Act, which authorized TARP, to propose specific measures to recoup TARP losses from the financial industry. If the proposal had passed, the proceeds would have gone into general government revenue and been used to pay the TARP costs of the 2008 financial crisis rather than gone into an insurance fund in anticipation of the next one.


Evaluation

This proposal has received mixed support. It was endorsed in a
Tulane Law Review The ''Tulane Law Review'', a publication of the Tulane University Law School, was founded in 1916, and is currently published five times annually. The Law Review has an international circulation and is one of few American law reviews carried by ...
article that evaluated it along with other financial-industry tax-reform proposals, including the Defazio Financial Transactions Tax. The author favorably noted that the plan would (1) "eviscerate . . . a preexisting tax law preference for debt financing," and (2) "discourage the oncentration of power inmassive banks." Nonetheless, the author expressed concern that the Fee would (1) increase tax-compliance costs and (2) be unfair to stockholders of the affected banks.


See also

*
Bank tax A bank tax, or a bank levy, is a tax on banks which was discussed in the context of the financial crisis of 2007–08. The bank tax is levied on the capital at risk of financial institutions, excluding federally insured deposits, with the aim of ...
* Let Wall Street Pay for the Restoration of Main Street Bill


External links


White House page on fee


References

{{Authority control Banking in the United States United States proposed federal taxation legislation Troubled Asset Relief Program