Tackling Predatory Litigation Funding Act

HR 3512, the Tackling Predatory Litigation Funding Act, imposes a new annual tax on funds received by third-party investors who finance lawsuits through litigation financing agreements. It directly affects investors (including foreign entities) who provide funding to plaintiffs or law firms in exchange for a share of settlement or judgment proceeds, excluding small agreements under $10,000 or standard loans. The tax equals the top individual income tax rate plus 3.8 percentage points, with 50% withheld from settlement payments by parties involved in the lawsuit. The law also clarifies that such funds cannot offset losses and excludes certain typical legal fee reimbursements from taxation. The provisions take effect for taxable years beginning after December 31, 2025.