H. R. 6015
IN THE HOUSE OF REPRESENTATIVES
June 6, 2018
Mr. DeFazio (for himself, Mr. Doggett, Ms. DeLauro, Ms. Norton, and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on Ways and Means
To amend the Internal Revenue Code of 1986 to increase the tax on certain global intangible income.
This Act may be cited as the
Per-Country Minimum Act.
Increase in tax on global intangible income
Reduction in deduction for taxable years before 2026
Section 250(a)(1)(B) of the Internal Revenue Code of 1986 is amended by striking
50 percent and inserting
Reduction in deduction for taxable years after 2025
Section 250(a)(3)(B) of such Code is amended to read as follows:
21.875 percent for
37.5 percent in subparagraph (B).
Repeal of tax-Free deemed return on investments
Section 951A(a) of such Code is amended by striking
global intangible low-taxed income and inserting
net CFC tested income.
Section 951A of such Code is amended by striking subsections (b) and (d).
Section 951A(e)(1) of such Code is amended by striking
subsections (b), (c)(1)(A), and and inserting
subsections (c)(1)(A) and.
Section 951A(f) of such Code is amended to read as follows:
Treatment as subpart F income for certain purposes
Except as provided in paragraph (2), any net CFC tested income included in gross income under subsection (a) shall be treated in the same manner as an amount included under section 951(a)(1)(A) for purposes of applying sections 168(h)(2)(B), 535(b)(10), 851(b), 904(h)(1), 959, 961, 962, 993(a)(1)(E), 996(f)(1), 1248(b)(1), 1248(d)(1), 6501(e)(1)(C), 6654(d)(2)(D), and 6655(e)(4).
The Secretary shall provide rules for the application of paragraph (1) to other provisions of this title in any case in which the determination of subpart F income is required to be made at the level of the controlled foreign corporation.
Section 960(d)(2)(A) of such Code is amended by striking
global intangible low-taxed income (as defined in section 951A(b)) and inserting
net CFC tested income (as defined in section 951A(c)).
Determination of net CFC tested income on country-by-Country basis
Section 951A of such Code is amended by adding at the end the following:
Determination made on country-by-Country basis
This section shall be applied with respect to a United States shareholder of the controlled foreign corporation separately with respect to each foreign country in which the controlled foreign corporation conducts any trade or business.
For purposes of making country-by-country determinations under this section and sections 904 and 960 with respect to net CFC tested income for a taxable year pursuant to paragraph (1)—
taxes paid or accrued to a foreign country by the controlled foreign corporation shall be assigned to that country, and
earnings to which such taxes relate shall be treated as income assigned to the country to which those tax payments are made.
Earnings assigned to two or more countries
If the same earnings are assigned to two or more countries under subparagraph (A), for purposes of paragraph (1) such earnings and the taxes related thereto shall be treated as assigned to the country with the highest statutory corporate tax rate.
Earnings not subject to tax
If earnings are not subject to tax by any country, then with respect to those earnings paragraph (1) shall not apply.
The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this subsection, including the time period in which foreign earnings and the associated foreign taxes are assigned to a country.
The amendments made by this section shall apply with respect to taxable years of controlled foreign corporations beginning after December 31, 2018, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end.