• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster

1

Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
Economy

Lose-lose: Even if the Supreme Court strikes down Trump’s tariffs, consumers likely wouldn’t see a dime from refunds

By
Paul Wiseman
Paul Wiseman
and
The Associated Press
The Associated Press
Down Arrow Button Icon
By
Paul Wiseman
Paul Wiseman
and
The Associated Press
The Associated Press
Down Arrow Button Icon
September 4, 2025, 1:41 PM ET
Middle aged male frustrated while looking banana and receipt from grocery store.
Consumers, if some tariffs are declared illegal, would not have recourse to ask for refunds for the higher prices they had to pay.Natalia Gdovskaia—Getty Images
Add Fortune on Google for similar content.

President Donald Trump likes to boast about how much money the U.S. Treasury is raking in from the massive taxes—tariffs—he’s slapped this year on imports from almost every country in the world.

Recommended Video

“We have trillions of dollars coming into our country,” Trump said Wednesday. “If we didn’t have tariffs, we would be a very poor nation and we would be taken advantage of by every other nation in the world, friend and foe.”

But two courts have now ruled that his biggest and boldest import taxes are illegal. If the Supreme Court agrees and strikes them down for good, the federal government could have to pay back many of the taxes it’s already collected from companies that import foreign products into the United States.

“We’re talking about hundreds of billions of dollars potentially in refunds affecting thousands and thousands of importers,” said trade lawyer Luis Arandia, a partner with the law firm of Barnes & Thornburg. “Unwinding all that will be the largest administrative effort in U.S. government history.’’

Ordinary Americans, who’ve had to pay higher prices on some products because of the tariffs, are unlikely to share in the windfall. Any refunds would go instead to the companies that paid the levies in the first place.

The refunds would also reverse the flow of tariff revenue the president has counted on to help pay for the massive tax-cut bill he signed July 4 and would threaten, he warns, to “literally destroy the United States of America.’’

At issue are revenues raised from tariffs Trump imposed this year by invoking the 1977 International Emergency Economic Powers Act (IEEPA). One set of IEEPA tariffs targeted almost every country on earth after he declared that the United States’ massive and persistent trade deficits amounted to a national emergency. Another was aimed at Canada, China and Mexico and was meant to counter the illegal flow of drugs and immigrants across U.S. borders.

But a specialized federal trade court in New York ruled in May that the president overstepped his authority by ignoring Congress and imposing the IEEPA tariffs. The U.S. Court of Appeals for the Federal Circuit last week largely upheld the trade court’s decision, though it also ordered the lower court to re-consider whether there was any legal fix short of striking down the tariffs completely.

The appellate judges also paused their own ruling until mid-October to give the administration time to appeal to the Supreme Court – something that it did on Wednesday. Solicitor General D. John Sauer asked the justices to take up the case and hear arguments in early November.

If the high court strikes down the IEEPA tariffs, importers could be entitled to refunds. The U.S. Customs and Border Protection agency reports that it had collected more than $72 billion in IEEPA tariffs through Aug. 24.

For importers, Ted Murphy, co-leader of the international trade practice at the Sidley Austin law firm, said: “It’s a question of what you’re going to have to do to get the refund.

“And the options are everything from nothing — the government may just automatically refund it; I don’t think this is likely, but that’s one option. There could be an administrative process, so you have to go to U.S. Customs and Border Protection and apply for a refund of your IEEPA tariffs. Or you could have to file your own court case.’’

There’s a precedent for courts setting up a system to give companies their money back in trade cases. In the 1990s, the courts struck down as unconstitutional a harbor maintenance fee on exports and set up a system for exporters to apply to get their money back.

“Companies got refunds,’’ Murphy said. One hitch: In that case, the government did not have to pay interest on the tax it collected and had to pay back. It’s unclear whether the government would have to pay interest on any IEEPA tariff refunds.

The Trump administration might balk at paying back the tariffs it’s collected. Trump has already said he doesn’t want to pay the money back, posting on his social media site in August that doing so “would be 1929 all over again, a GREAT DEPRESSION!”

“I would anticipate that if the administration did lose, they would turn around and start arguing why it would be impossible to give refunds to everybody,” said Brent Skorup, legal fellow at the libertarian Cato Institute. “I think there will a lot of litigation about the nature of refunds and who’s entitled one. And I expect the administration will raise all sorts of objections.”

To make sure they can successfully claim refunds, said Barnes & Thornberg partner Clinton Yu, “importers really need to have their records in order.’’

Adding to the uncertainty is the chaotic way that Trump has rolled out his tariffs — announcing and then delaying or altering them, sometimes conjuring up new ones. Occasionally, the administration has decided that importers that have already paid one of his tariffs don’t have to pay a different one.

Tariff are paid by importers, who often then try to pass the cost on to their customers through higher prices. But consumers would not have recourse to ask for refunds for the higher prices they had to pay.

“It’s the importer of record that is legally liable for paying tariffs and duties,’’ Arandia said. “They would be the only one to have standing to even get that money back.’’

____

AP Writers Lindsay Whitehurst and Josh Boak contributed to this story.

Subscribe to Fortune Gulf Brief. Every Tuesday, this new newsletter delivers clear-eyed, authoritative intelligence on the deals, decisions, policies, and power shifts shaping one of the world’s most consequential regions, written for the people who need to act on it. Sign up here.
About the Authors
By Paul Wiseman
See full bioRight Arrow Button Icon
By The Associated Press
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Economy

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Economy

A woman types into a kiosk at an airport.
Travel & LeisureAviation
‘You can expect prices to be high and stay high’: Domestic airfare is skyrocketing faster than international flight costs, despite using less jet fuel
By Sasha RogelbergJune 30, 2026
2 hours ago
mill
InvestingWealth
America added more than 1,200 millionaires per day in 2025, but the heyday of the ‘everyday millionaire’ is already over
By Nick LichtenbergJune 30, 2026
2 hours ago
US President Donald Trump arrives to speak during a Rose Garden Club dinner with American farmers at the White House in Washington, DC, on June 25, 2026.
EconomyBig Oil
Trump takes his inflation battle to gas retailers after his plot against the Fed runs aground—sets target for $2.50 a gallon
By Eleanor PringleJune 30, 2026
7 hours ago
Mark Zuckerberg, CEO of Meta
EconomyMarkets
AI stocks are in an ‘air pocket’ and Meta and Microsoft are being traded like ‘bear market names that cannot be owned,’ top analyst says
By Jim EdwardsJune 30, 2026
7 hours ago
Gulf bond markets extend their rally despite uncertain outlook
NewslettersFortune Gulf Brief
Gulf bond markets extend their rally despite uncertain outlook
By Melissa HancockJune 30, 2026
7 hours ago
GCC debt markets have rallied since the ceasefire, but tight liquidity remains a key hurdle 
Middle EastBonds
GCC debt markets have rallied since the ceasefire, but tight liquidity remains a key hurdle 
By Melissa HancockJune 30, 2026
8 hours ago

Most Popular

Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place
Success
Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place
By Sydney LakeJune 29, 2026
1 day ago
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
Success
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
By Sydney LakeJune 25, 2026
5 days ago
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
Success
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
By Preston ForeJune 27, 2026
3 days ago
'Humanity has chosen to become idiots': This Brown professor switched to take-home exams after a mass shooting and discovered mass cheating
AI
'Humanity has chosen to become idiots': This Brown professor switched to take-home exams after a mass shooting and discovered mass cheating
By Catherina GioinoJune 29, 2026
20 hours ago
The retired college professor fighting a $313 trespassing ticket in Wisconsin thinks he's part of a national struggle
Environment
The retired college professor fighting a $313 trespassing ticket in Wisconsin thinks he's part of a national struggle
By Catherina GioinoJune 28, 2026
2 days ago
Current price of oil as of June 29, 2026
Personal Finance
Current price of oil as of June 29, 2026
By Joseph HostetlerJune 29, 2026
1 day ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.