A bill to amend the Internal Revenue Code of 1986 to impose a windfall profits excise tax on crude oil and to rebate the tax collected back to individual taxpayers, and for other purposes.

This bill, S.4111, establishes a 50% excise tax on crude oil when the average Brent crude oil price exceeds the average price from January 1, 2025, to December 31, 2025, adjusted for inflation. The tax applies to both domestically extracted and imported crude oil. This directly reduces the revenue and profit margins of companies involved in crude oil extraction and refining. The mechanism is a direct excise tax, meaning it is levied at the point of production or import, making it unavoidable for covered taxpayers. The money trail is clear: the tax is collected from crude oil producers and importers, and the revenue is then rebated to individual taxpayers. This acts as a broad, albeit minor, consumer stimulus. There are no specific companies positioned to receive contracts or grants from this bill; rather, it is a wealth transfer. The primary beneficiaries are individual consumers who receive the rebate, while the primary payers are oil and gas companies. Historically, windfall profits taxes on oil have been implemented during periods of high energy prices. The most notable precedent is the Crude Oil Windfall Profit Tax Act of 1980, enacted by the Carter administration. This tax, which was repealed in 1988, led to reduced domestic oil production and increased reliance on imports. During the period of the 1980 tax, major integrated oil companies like Exxon (now $XOM) and Chevron (now $CVX) saw their stock performance lag the broader market, and their capital expenditures on domestic exploration and production decreased. While specific stock price data from that era is difficult to compare directly due to market structure changes, the historical impact was a disincentive for domestic production and a drag on profitability for the sector. Specific companies that stand to lose significantly include major integrated oil companies such as Exxon Mobil ($XOM), Chevron ($CVX), Shell ($SHEL), and BP ($BP), as well as independent exploration and production companies like Marathon Oil, EOG Resources ($EOG), and Occidental Petroleum ($OXY). Refiners such as Marathon Petroleum ($MPC), Phillips 66 ($PSX), and Valero Energy ($VLO) will also be negatively impacted as the tax applies to crude oil entered for consumption or warehousing. The tax directly reduces their net revenue per barrel when prices are high. Consumers, broadly, gain a small rebate, but no specific consumer-facing companies are direct beneficiaries. This bill has been introduced in the Senate and referred to the Committee on Finance. Given the 12 cosponsors, including several senior Democratic senators, it has moderate legislative momentum within the Democratic caucus. However, passage through a divided Congress, especially with Republican opposition, is uncertain. If it progresses, the next step would be committee hearings and markup. The earliest this could become law would be later in 2026, with implementation in 2027, as indicated by the inflation adjustment clause referencing "taxable year beginning after 2026."