Possible Refunds Regarding the International Emergency Economic Powers Act (IEEPA)

If your business was required to pay tariffs under President Trump due to the IEEPA, you may be eligible for a refund depending on the Supreme Court’s ruling in Learning Resources Inc. v. Trump.

This decision should come sometime during the first quarter of 2026. “With this, businesses that paid tariffs with this act should act immediately to see if they are eligible for any refunds,” says tax attorney Michael March of Whiteford Tax Defense.”

This article goes into topics that relate to the Supreme Court’s decision regarding if President Trump had the authority to impose the global tariffs.

An Overview

In the month of November, Learning Resources presented an oral argument regarding whether the President can allow tariffs on any imports under the IEEPA. With the Supreme Court’s ruling, there may be changes regarding the administration’s foreign policy.

Based on the argument, many think that tariffs will be struck down due to the exclusive constitutional taxing authority of Congress. The decision is aiming to be made in early 2026.

If the Supreme Court decides to invalidate the tariffs, all businesses could receive a refund. Realistically, these refunds will not be automatic and businesses will need to be proactive regarding the return process. Businesses should be planning around their IEEPA tariffs paid and how they may be able to secure a refund before the final decision is announced in 2026.

Refund Strategies

Complaints for pre-emptive refund claims are filed through the United States Court of International Trade (CIT). These filings are hoping to get ahead of the refund process in the event the Supreme Court makes a decision. 

By bringing your case to the CIT, if the Supreme Court leaves remedies to the lower courts after their decision you could accelerate your refund process. If you have high amounts of tariffs paid, upcoming liquidations, or any denied CBP requests, a claim at the CIT may help you protect your rights.

How Refunds Could Work

Businesses shouldn’t automatically think refunds will be issued. Identify near liquidation dates and start taking measures to preserve your rights. Some avenues you could take include:

1. Claims Filed Before Liquidation – Extend or Pause Liquidation: If liquidation hasn’t occurred, you could request to push liquidation until the Supreme Court makes a final decision. This helps to keep your entries open so that if tariffs are removed, your refunds can be processed in a timely manner.
2. Claims Filed After Liquidation – 180 Day Limit: Businesses have 180 days to file a protest with the CBP from the liquidation date. You can file protests and request a final determination occur post Supreme Court decision.
3. Action at the CIT – Some businesses who paid larger tariffs are already suing the CIT to pause liquidation or have a secure way to earn a refund.

Overall

If you paid tariffs under the IEEPA, it is important you start to think about avenues for refunds pending the Supreme Court’s decision. Get in touch with an attorney today to ensure you are following the correct processes.