Double Taxation, American Style: Pay at the Register, Pay Again at the Treasury

The Supreme Court ruled Trump's tariffs illegal. $100 billion went back to the companies that charged you. You got nothing.
Fellow Americans, we paid a tax we never voted for.
We paid it on eggs. On milk and coffee. On our kids' sneakers, on the lumber in our new homes, on the clothes on our backs. Nobody sent us a bill. It was folded into the price tag, quietly, one dollar at a time.
Then the Supreme Court said the tax was illegal. All of it. Collected without lawful authority.
So the money came back. Over $100 billion of it. With interest. Just not to us.
It went to the companies that raised our prices to cover the tariff in the first place. They charged us once. Then the government paid them again. This is not a refund, people. It is a double-dip, and guess who is the dip? We are. And I, for one, am sick of it.
How did this happen? Who let it happen? And why is almost nobody talking about it?
The Promise: Other Countries Will Pay
Remember how the tariffs were sold? The foreigners would pay. China would pay. Canada would pay. Mexico would pay. Europe would pay. And America would collect trillions and get rich. The President called "tariff" the most beautiful word in the dictionary.[1]
Of course, that promise, like so many, never materialized. Here is what actually happened, in order. (One bit of vocabulary first: a Financial Times columnist coined a nickname for the pattern that Wall Street quickly adopted, TACO, for "Trump Always Chickens Out."[2] You'll see why.)
- February 2025. Tariffs of 25% were imposed on Canada and Mexico, 10% on China. Then a 30-day pause. Then threats against Europe.[3]
- March 2025. A threatened 200% tariff on European wine and champagne.
- April 2, 2025. "Liberation Day." A 10% tariff was levied on nearly every country on earth, plus much higher rates for dozens of them. Even an uninhabited Australian island near Antarctica made the list. Interestingly, Russia did not make the list; the White House said sanctions left no meaningful trade with Russia. And yet Russia exported more to us than Sri Lanka and Laos, which were hit with 44% and 48%.[4][5]
- April 3–8, 2025. The markets crashed. Apparently liberation does not equate to profits.
- April 9, 2025. TACO. The higher country rates were paused for 90 days, though the 10% baseline stayed. China was the exception: its rate went up, to 145%.
- May 2025. TACO again. China's rate dropped from 145% to 30% after talks in Geneva.[6]
- June 2025. Steel and aluminum tariffs doubled to 50%.
- August 1, 2025. The paused rates came roaring back for countries without a deal.
- October 2025. Another 100% tariff threatened on China. Then a truce.
The endless cycle of on, off, up, down, paused, threatened, restored had one profound effect: prices rose. Groceries. Beef. Coffee. Furniture. And here is the economic truth every shopper already knows: once prices go up, they rarely come back down. Economists even have a name for it, "sticky" prices.
So, in November 2025, the President promised every American a $2,000 "tariff dividend" check.[7] Hold on to this one. It's central to this whole post, so we'll come back to it.
Where Was Congress?
Let me get a bit wonkish, if I may. The Constitution gives Congress, and only Congress, the power to tax imports. It does not contain the words "national emergency." Not once. Every emergency power a President has, Congress lent him by statute. The President stretched one of those borrowed powers to impose taxes it never authorized. The Supreme Court said so.
Congress had the power to stop him the whole time. By law, any member could force a vote to end the emergency behind the tariffs. So in April 2025, under Speaker Mike Johnson, the House passed a rule declaring that, for this one purpose, the days would not count. On paper, time stopped. The vote never came.
That wasn't inaction. It was a choice: a deliberate act to protect an unlawful tax from the one branch the Constitution put in charge of taxes. Was it legal? Probably. The Constitution lets each chamber write its own rules. Does it violate the spirit of our Constitution? Absolutely. The framers gave Congress the taxing power so that someone would always have to answer for every tax. The House found a way to make sure no one did. In Washington, a day isn't a day, and a tariff isn't a tax. Funny how every redefinition costs you money.
The Senate, on the other hand, our corpus mortuum, briefly broke out of its rigor mortis and actually voted. The result: a 49 to 49 tie. Sigh.[8]
People, I don't know about you, but shouldn't this all transcend party? Aren't you fed up with a branch of government that handed away its most basic power and then declined to take it back?
On February 20, 2026, the Supreme Court seemingly finished the job Congress wouldn't. It ruled 6 to 3 that the President never had the power to impose these tariffs. The law he used, a 1977 emergency statute, does not authorize taxing imports.[9] Later that same day, the White House imposed a new global tariff under a different law.[6] Sigh. Again. The old tax was dead. A new one took its place before the body was cold. But that is a whole other story.
So, Who Actually Paid the Tariffs? Well, We Did. Of Course!
Let's settle this once and for all.
A tariff is paid by the American company that brings goods into the country. Not by China. Not by Mexico. By the American importer, at our border, the moment the goods cross into our country. Period. End of story. That is not opinion. It is how customs law works.
Then what happens? The importer does what every business does with a cost. It passes it down the line. To the wholesaler. To the store. And finally, to us. It's not a ripple. It's a tsunami.
So, how much have we paid, you ask? The Congressional Budget Office, Congress's alleged nonpartisan scorekeeper, estimated that about 70 cents of every tariff dollar landed on consumers. Businesses absorbed the other 30.[10] Assume that's the best-case scenario. What does all this mean for a typical household?
- Democrats on Congress's Joint Economic Committee estimated about $1,745 per family from February 2025 through January 2026.[11]
- The Tax Foundation, an openly business-friendly think tank, put it at about $1,000 per household in 2025, the largest tax increase as a share of the economy since 1993.[12]
Take the low number, from the business-friendly source. A thousand dollars is a month of groceries for a lot of families. A car payment. A heating bill in the dead of winter.
Now put the promise next to the bill. The promise was trillions from foreigners. The Treasury actually collected about $264 billion in 2025, every dollar of it paid by American importers.[13] Apply the CBO's 70%, and roughly $185 billion came out of American wallets.
This was never a tax on China. It was a sales tax on us, with someone else's name on the receipt.
The Double-Dip
Now watch the magician's hands, people, because this is where an illegal policy becomes a heist.
When the Supreme Court struck the tariffs down, roughly $166 billion had been collected from about 330,000 importers. The Court said nothing about refunds. It left that to a lower court, the Court of International Trade, which ordered the money returned, with interest.[14]
Returned to whom, you ask? Under customs law, only to the "importer of record," the company that paid Customs. Not the family that paid the higher price at the register.
So, abracadabra, and presto! By the end of July, more than $100 billion had gone back to those companies.[9] To the companies, and through them, to their shareholders.
How much has come back to the rest of us? Almost nothing. The only consumers seeing refunds are those whose shipper billed the tariff as a separate line item on an invoice. FedEx has begun returning $800 million. UPS has applied for a first $500 million on its customers' behalf.[15] That's real, and to their credit. It is also about 1% of what's been refunded so far. Everyone else paid the tariff inside the price tag, where no refund will ever find them.
Now, remember the $2,000 check? It never came. So let's play "follow the money," shall we? We were promised $2,000 each. They got $100 billion. Plus the higher prices we've been paying since early 2025.
Step by step:
1. The company pays the tariff.
2. The company raises its prices. We pay the tariff, in the form of higher prices.
3. The tariff is ruled illegal.
4. The government refunds the company, with interest.
5. Our prices stay right where they are.
The company got paid twice. We paid once and got almost nothing. Lawyers have a term for being paid twice for the same thing: unjust enrichment. More than 80 class-action lawsuits have now been filed against retailers including Costco, Nike, Amazon, and Walmart on exactly that theory.[15] Americans have to go to court to ask for money that was already theirs.
By the way, where does the refund money come from? Our U.S. Treasury. Our tax dollars. In June alone, refunds outran new customs collections by $25.6 billion, money that now adds to a deficit we'll be paying down for years.[16] We paid at the register. Now we're paying again at the Treasury.
This isn't theory. Apple got a $2.2 billion refund.[10] On PepsiCo's July earnings call, CEO Ramon Laguarta told investors the refund "comes obviously very handy." His CFO added that it would offset rising commodity costs and add about a full point of earnings-per-share growth this year.[17] Not one word about lowering the price of your soda.
One retail analyst told CNN he expects only 15 to 20 percent of the money to find its way back to consumers, through refunds or lower prices.[18] Lower prices someday, on purchases we haven't made yet, is not the same as returning money we already paid.
Are some companies doing the honest thing? Some. Beyond FedEx and UPS, Walmart and Costco say they'll lower prices.[19] Amazon, which received $600 million in refunds, says it will refund customers where it passed charges along directly, and otherwise lower prices.[15] And many small importers never raised prices at all. They ate the tariff to stay competitive. They deserve every penny back.
Which proves the point. If FedEx can find its customers, so can everyone else. The companies keeping the money aren't confused. They're choosing.
Who Stood Up for Us?
You'd think somebody in Washington would have said, "Wait. The American people paid this. Let's get it back to them." Makes sense, right? You know, that whole government of the people, by the people, and for the people thing? Here's what they said instead.
The President went on CNBC in April and said companies would be "brilliant" not to ask for their refunds. Then he added: "If they don't do that, I'll remember them." Of the companies seeking refunds, he said that "in many cases, the enemy... is getting this money."[20][21] At first read, that sounds pretty good, right? Read it again. He wasn't fighting for us. He never said the money must be returned to us. He was arguing the government should keep money the Supreme Court said it took illegally. So the entire public fight had two sides: the Treasury keeps our money, or the corporations keep our money. Nobody in the White House argued that we should get it back. The man who promised us $2,000 spent the refund fight making sure we got nothing.
The Treasury Secretary, Scott Bessent, had promised refunds before the ruling: "If the court says it, we'd have to do it."[22] The day the Court ruled, he said the American people won't see that money.[23] Asked on CNN whether the government would return it, he called the question "bad framing."[24]
Here's the kicker. Before the ruling, Bessent himself had called tariff refunds corporate welfare that would likely never reach consumers. When CNN reminded him, his answer was: "I had an opinion."[24]
Bessent saw the double-dip coming. He named it. Then he ran the Treasury that paid it out.
Of course, Congress has the most to answer for. Article I of the Constitution gives Congress, not the President, the power to lay taxes and duties to "provide for the general welfare." The Supreme Court's ruling came down to exactly that: this was Congress's power all along.
So the power to tax, the duty to the general welfare, and the power to fix this all sit in one building. And they did nothing, beyond agreeing that a day is not a day when it comes to national emergencies and illegal tariffs.
Teddy Roosevelt had a name for men who grew rich while the public paid: "malefactors of great wealth." I suspect he'd have saved his deepest contempt for the officials who stood by and let them cash the check.
Finally, Where Was Our Media?
One hundred billion dollars moved from the public treasury to corporate bank accounts, after being collected from American shoppers. That's roughly $300 for every man, woman, and child in the country.
You'd expect it on every front page. You'd expect reporters outside corporate headquarters asking one question: "Will you give it back?"
Instead: crickets. If you dig, you'll find CNN ran the story once, in the business section.[18] Then nothing. No front pages. No anchor holding up a receipt. No reporter asking a single CEO, on camera, whether he's keeping our money. No follow-ups.
The refunds were covered as a legal process. A customs portal. A court calendar. Deadlines for importers. They were never covered as what they are: the largest consumer rip-off of the decade, happening in plain sight. And when our press treats a heist like a paperwork story, what does that say about our country?
So, When Will This All Stop?
It stops when we stop letting it happen. That's when.
Teddy Roosevelt promised Americans a square deal: a fair shake for the ordinary citizen against concentrated wealth. Franklin Roosevelt set the standard in 1937: "The test of our progress is not whether we add more to the abundance of those who have much; it is whether we provide enough for those who have too little." Neither would recognize what happened here. A tax collected illegally, from working families, handed back to the corporations that charged it.
This isn't complicated. We paid. They got paid twice. The people sworn to serve the general welfare looked away.
So here is what we do. Today.
1. Call your Representative and both Senators. The Capitol switchboard is (202) 224-3121. Ask one question: "Will you vote to make companies pass tariff refunds back to the customers who paid them?" Ask them to back the DeLauro-Mrvan bill or a direct household rebate.[10] Write down the answer.
2. Ask the companies. Post it publicly and tag them: "You raised my prices to cover the tariffs. You got the refund. When do I get mine?" Start with Apple. Start with any company whose prices went up and never came back down.
3. Share this. The press won't tell this story. So we will.
Every American who paid this tax has a right to ask where the money went. Every member of Congress has a duty to answer.
They're counting on us being too polarized for all the wrong reasons, too busy, too tired, and too distracted to notice.
Let's prove them wrong.
Endnotes
1. NPR, "Word of the Week: Trump calls tariffs 'the most beautiful word.' Here's its history," April 9, 2025. npr.org
2. CBC, "How a financial columnist coined 'TACO' to describe Trump's tariffs flip-flops" (on Financial Times columnist Robert Armstrong, who coined the term on May 2, 2025). cbc.ca
3. Lockton, "2025's tariff roller coaster: A timeline." insights.lockton.com
4. Kyiv Independent, "Russia, Belarus excluded from Trump's sweeping tariffs due to existing sanctions, White House says," April 3, 2025. kyivindependent.com
5. Belgrade News, "Trump omits Russia from Liberation Day U.S. tariffs." belgrade-news.com
6. Reuters, "Timeline: How Trump and Xi went from tariff war to trade truce" (via Devdiscourse). devdiscourse.com
7. PolitiFact via PBS NewsHour, "Fact-checking Trump's promise to give Americans $2,000 payments from tariff dividends," November 11, 2025. pbs.org
8. National Taxpayers Union, "Liberation Day tariff timeline." ntu.org
9. Business Today, "US pays out $100 billion in tariff refunds after Supreme Court struck down Trump's IEEPA duties," August 6, 2026. businesstoday.in
10. Common Dreams, on CBO's 70% pass-through estimate, Apple's $2.2 billion refund, and the DeLauro-Mrvan bill. commondreams.org
11. PolitiFact, "Is Abigail Spanberger right that tariffs cost American families more than $1,700?" February 25, 2026. politifact.com
12. ABC News, "Trump's tariffs cost American households $1,000 last year: Research group" (Tax Foundation), February 10, 2026. abc7chicago.com
13. Home Textiles Today, "Tariffs took a bite out of household income last year, study says," February 10, 2026. hometextilestoday.com
14. Supply Chain 24/7, "U.S. Has Refunded $100 Billion in Struck-Down Trump Tariffs." supplychain247.com
15. Associated Press, "A surprise credit after an overseas purchase: The tariff refunds now flowing through shippers," August 13, 2026. local10.com
16. Newsweek, "Trump admin issues $77bn in tariff refunds so far this year." newsweek.com
17. PepsiCo (PEP) Q2 2026 earnings call transcript, July 9, 2026. webull.com
18. CNN, "Tariff refunds were a windfall for US businesses. But for consumers, not so much" (via KION). kioncentralcoast.com
19. Customer Experience Dive, "Customers don't expect tariff refunds. They expect fairness, experts say." customerexperiencedive.com
20. Bloomberg, "Trump Encourages Companies Not to Seek Tariff Refunds," April 21, 2026. bloomberg.com
21. Reuters, "Trump says he will 'remember' companies that don't seek tariff refunds" (via Virginia Business), April 21, 2026. virginiabusiness.com
22. Reason, "Will the Trump Administration Pay the Tariff Refunds It Promised?" February 25, 2026. reason.com
23. Senate Democrats, letter to Treasury Secretary Bessent on tariff refunds, February 27, 2026. democrats.senate.gov
24. CNN, State of the Union transcript, February 22, 2026. transcripts.cnn.com
David Gould
Founder
David Gould is the founder of 2B.org, a Boulder, Colorado nonprofit that tracks how AI-driven layoffs move money from workers to shareholders, and names the people who decide it. He built the AI Jobpocalypse tracker and The Surge so the record doesn't disappear and working people have a way to push back.