TPLF TAX BACKGROUND INFORMATION: Third-party litigation funding for profit is a new and novel practice; and perversely, our tax code has not only allowed but incentivized a torrent of foreign money (billions of dollars) to flood US courts with litigation. Today, foreign investors – including unsavory characters and sovereign wealth funds – pay to sue U.S. companies in U.S. courts and then avoid any U.S. tax obligation on their returns. But no matter foreign or domestic, the uninvolved funders of lawsuits do not need to receive better tax treatment than the victims in those lawsuits themselves. By ending the tax-free syphoning of billions of dollars out of the U.S. economy, it reduces the “tort tax” on the American consumers, who each pay thousands of dollars a year in increased costs due to the litigious environment in this country. If left unchecked, foreign litigation funders will continue to invest more and more money and receive enormous payouts from the U.S. court system and U.S. companies, entirely tax-free. |