Congress passed the "Tax Cuts and Jobs Act" (the Act) on December 20, 2017 and President Trump officially signed it into law on December 22. Thanks to NAFCU's persistent advocacy, this monumental piece of legislation keeps the credit union tax exemption fully intact. This is a testament to the value and strength of credit unions. Download NAFCU's full analysis of the Tax Cuts and Jobs Act (updated 12/27/17).
In January 2017, NAFCU sent Congress an independent study showing the positive impact the credit union tax exemption has on consumers, businesses, and the overall economy.
Researchers found that erasing the credit union tax exemption would lead to the elimination of 900,000 American jobs in the next 10 years. In addition, researchers found that doing so would eliminate $16 billion savings annually for American consumers.
Our country can't afford the negative impacts of slashing and burning the credit union tax exemption.
Preservation of the credit union tax exemption continues to be NAFCU's top priority. If credit unions are taxed, over time there will be many consequences for credit union members. Possible outcomes include:
The 1934 Federal Credit Union Act (FCUA) stated credit unions receive a tax exemption because "credit unions are mutual or cooperative organizations operated entirely by and for their members." Credit unions are eligible for tax-exempt status if they meet the following criteria:
In 1998, as part of the findings of the Credit Union Membership Access Act (P.L. 105-219), Congress found that, "Credit unions, unlike many other participants in the financial services market, are exempt from Federal and most State taxes because they are member owned, democratically operated, not for profit organizations, generally managed by a volunteer Board of Directors, and because they have the specified mission of meeting the credit and savings needs of consumers, especially persons of modest means."
Still, credit unions do pay many taxes and fees, among them payroll and property taxes. It is also important to note that share dividends paid to credit union members are taxed at the membership level. Critics argue that credit unions today are no different than banks. However, the defining characteristics of a credit union, no matter what the size, remain the same today as they did in 1934: credit unions are not-for-profit cooperatives that serve defined fields of membership, generally have volunteer boards of directors and cannot issue capital stock. Credit unions are restricted in where they can invest their members' deposits and are subject to stringent capital requirements. A credit union's shareholders are its members and each member has one vote, regardless of the amount on deposit, while a bank has stockholders.
NAFCU has stayed at the forefront of this issue and continued to champion credit unions in major media nationwide.
70 Bipartisan Senators Urge CFPB to Exempt CUs (Credit Union Journal, July 18)
Letter To Senators Stresses Need To Protect CU Tax Exemption (CUToday.info, April 26)
Cordray Holds Firm on Exemption Authority (CU Times, April 7)
Credit Unions Petition CFPB Director Cordray for Exemption (DSNews, March 18)
Trades Thank More Than 300 House Members For Urging CFPB To Exempt CUs As… (CUToday.info, March 16, 2016)
Read recent letters from NAFCU to members of Congress on the important issue of credit union federal income tax exemption.
11-13-17 NAFCU Letter on Tax Exemption to Orrin Hatch
11-3-17 NAFCU Letter on H.R. 1, the Tax Cuts and Jobs Act, and the Credit Union Tax Exemption
9-18-17 NAFCU Letter on Senate Finance Committee - Business Tax Reform Hearing
7-17-17 NAFCU Letter on the Importance of the Credit Union Tax Exemption
7-14-17 NAFCU Letter on the Importance of the Credit Union Tax Exemption to Consumers, Job Creation, and the American Economy
4-26-17 NAFCU Letter on the Value of the Credit Union Tax Exemption
12-8-16 NAFCU Letter on the Credit Union Tax Exemption
7-20-16 NAFCU Letter Setting the Record Straight on Credit Unions
4-25-16 NAFCU Letter on the Importance of Retaining the Credit Union Tax Exemption
4-18-16 NAFCU Letter Setting the Record Straight on Credit Unions
3-5-2015 NAFCU Letter to the Senate in Response to Recent ABA Attacks
3-5-2015 NAFCU Letter to the House of Representatives in Response to Recent ABA Attacks
12 9 2014 NAFCU Letter to Senator Coburn
10-23-2013 Budget Conferee Letter
7-24-2013 The CU tax exemption helps America
7-15-2013 NAFCU letter protecting CU tax exemption
6-27-2013 NAFCU letter to Senate on CU tax exemption
View all NAFCU Policy Letters
Updated December 2017