[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1605 Introduced in Senate (IS)]

<DOC>






119th CONGRESS
  1st Session
                                S. 1605

To amend the Internal Revenue Code of 1986 to modify certain provisions 
          relating to the taxation of international entities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2025

  Mr. Tillis introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend the Internal Revenue Code of 1986 to modify certain provisions 
          relating to the taxation of international entities.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE, ETC.

    (a) Short Title.--This Act may be cited as the ``International 
Competition for American Jobs Act''.
    (b) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Internal Revenue Code of 1986.

SEC. 2. PERMANENT EXTENSION OF LOOK-THRU RULE FOR CONTROLLED FOREIGN 
              CORPORATIONS.

    (a) In General.--Section 954(c)(6)(C) is amended by striking ``and 
before January 1, 2026,''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years of foreign corporations beginning after December 31, 
2025, and to taxable years of United States shareholders with or within 
which such taxable years of foreign corporations end.

SEC. 3. MODIFICATION OF DEDUCTION FOR FOREIGN-DERIVED INTANGIBLE INCOME 
              AND GLOBAL INTANGIBLE LOW-TAXED INCOME.

    (a) In General.--Section 250(a) is amended to read as follows:
    ``(a) Allowance of Deduction.--In the case of a domestic 
corporation for any taxable year, there shall be allowed as a deduction 
an amount equal to the sum of--
            ``(1) 37.5 percent of the foreign-derived intangible income 
        of such domestic corporation for such taxable year, plus
            ``(2) 50 percent of--
                    ``(A) the global intangible low-taxed income amount 
                (if any) which is included in the gross income of such 
                domestic corporation under section 951A for such 
                taxable year, and
                    ``(B) the amount treated as a dividend received by 
                such corporation under section 78 which is attributable 
                to the amount described in subparagraph (A).''.
    (b) Deduction Not To Apply Against Dividends Received Deduction 
Limitation.--Section 246(b)(1) is amended by striking ``subsection (a) 
and (b) of section 245, and section 250'' the first place it appears 
and inserting ``and subsection (a) and (b) of section 245''.
    (c) Deduction Taken Into Account in Determining Net Operating Loss 
Deduction.--Section 172(d) is amended by striking paragraph (9).
    (d) Expense Apportionment Limited to Directly Related Expenses .--
Section 250(b)(3)(A)(ii) is amended to read as follows:
                            ``(ii) expenses and deductions (including 
                        taxes) directly related to such gross 
                        income.''.
    (e) Deduction for Foreign-Derived Deduction Eligible Income.--
            (1) In general.--Section 250(a)(1), as amended by 
        subsection (a), is amended by striking ``foreign-derived 
        intangible income'' and inserting ``foreign-derived deduction 
        eligible income''.
            (2) Conforming amendments.--
                    (A) Section 250(b), as amended by subsection (c), 
                is amended--
                            (i) by striking paragraphs (1) and (2),
                            (ii) by redesignating paragraphs (4) and 
                        (5) as paragraphs (1) and (2), respectively, 
                        and by moving such paragraphs before paragraph 
                        (3),
                            (iii) in paragraph (2)(B)(ii), as so 
                        redesignated, by striking ``paragraph (4)(B)'' 
                        and inserting ``paragraph (1)(B)'', and
                            (iv) by striking ``Intangible'' in the 
                        heading thereof and inserting ``Deduction 
                        Eligible''.
                    (B)(i) The heading for section 250 is amended by 
                striking ``intangible'' in the heading thereof and 
                inserting ``deduction eligible''.
                    (ii) The item relating to section 250 in the table 
                of sections for part VIII of subchapter B of chapter 1 
                is amended by striking ``intangible'' and inserting 
                ``deduction eligible''.
    (f) Look-Thru for Interest Payments.--Section 250(b)(2), as 
redesignated under subsection (e), is amended by adding at the end the 
following:
        ``For purposes of this subsection, foreign-derived deduction 
        eligible income shall include interest paid by a controlled 
        foreign corporation to corporation that is a United States 
        shareholder with respect to such foreign corporation if such 
        controlled foreign corporation is related (within the meaning 
        of section 954(d)) to such United States shareholder and such 
        interest is an amount which is described in section 
        951A(c)(2)(A)(ii) with respect to such controlled foreign 
        corporation. To the extent provided by the Secretary in 
        regulations, the preceding sentence shall not apply to interest 
        paid by a controlled foreign corporation to a related United 
        States shareholder if such interest is directly related to 
        interest expense of such shareholder (or another related 
        person).''.
    (g) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2025.

SEC. 4. MODIFICATIONS TO BASE EROSION MINIMUM TAX.

    (a) Base Erosion Minimum Tax Amount Determined Without Regard to 
Credits.--
            (1) In general.--Section 59A(b)(1)(B) is amended to read as 
        follows:
                    ``(B) an amount equal to the regular tax liability 
                (as defined in section 26(b)) of the taxpayer for the 
                taxable year.''.
            (2) Conforming amendment.--Section 59A(b) is amended by 
        striking paragraph (4).
    (b) Application of General Business Credit Against Beat.--The 
second sentence of section 38(c)(1) is amended by striking ``and the 
tax imposed by section 55'' and inserting ``, the tax imposed by 
section 55, and the tax imposed by section 59A''.
    (c) Elimination of Modifications for Taxable Years After 2025.--
            (1) In general.--Section 59A(b) is amended by striking 
        paragraph (2) and redesignating paragraph (3) as paragraph (2).
            (2) Conforming amendments.--
                    (A) Section 59A(b)(1) is amended by striking 
                ``paragraphs (2) and (3)'' and inserting ``paragraph 
                (2)''.
                    (B) Paragraph (2) of section 59A(b), as 
                redesignated by paragraph (1), is amended by striking 
                ``under paragraphs (1)(A) and (2)(A) shall each be 
                increased'' and inserting ``under paragraph (1)(A) 
                shall be increased''.
                    (C) Section 59A(e)(1)(C) is amended by striking 
                ``subsection (b)(3)(B)'' and inserting ``subsection 
                (b)(2)(B)''.
    (d) Expansion and Consolidation of Rules To Exempt Certain Payments 
From Treatment as Base Erosion Payments.--
            (1) In general.--Section 59A is amended by redesignating 
        subsection (i) as subsection (j) and by inserting after 
        subsection (h) the following new subsection:
    ``(i) Certain Payments Not Treated as Base Erosion Payments.--
            ``(1) Exception for payments on which tax is imposed.--
                    ``(A) In general.--An amount shall not be treated 
                as a base erosion payment if tax is (or was at the time 
                of payment or accrual) imposed by this chapter with 
                respect to such amount (other than by this section).
                    ``(B) Treatment of certain deductions.--For 
                purposes of subparagraph (A), tax shall be treated as 
                imposed by this chapter without regard to any deduction 
                allowed under part VIII of subchapter B.
                    ``(C) Application of certain rules.--The amount not 
                treated as a base erosion payment by reason of this 
                paragraph shall be determined under rules similar to 
                the rules of section 163(j)(5) (as in effect before the 
                date of the enactment of Public Law 115-97).
            ``(2) Exception for certain payments subject to sufficient 
        foreign tax.--
                    ``(A) In general.--An amount shall not be treated 
                as a base erosion payment if the taxpayer establishes 
                to the satisfaction of the Secretary that such amount 
                was made to a foreign person which is a related party 
                of the taxpayer that is subject to an effective rate of 
                foreign income tax (as defined in section 904(d)(2)(F)) 
                which is not less than 18.9 percent.
                    ``(B) Certain payments to related parties.--To the 
                extent provided by the Secretary in regulations, an 
                amount paid to a foreign person which is a related 
                party of the taxpayer shall be treated as paid to 
                another foreign person which is a related party of the 
                taxpayer if such second foreign person is subject to an 
                effective rate of foreign income tax (as defined in 
                section 904(d)(2)(F)) which is less than 18.9 percent, 
                to the extent the amount so paid directly or indirectly 
                funds a payment to such second foreign person.
                    ``(C) Determination on basis of applicable 
                financial statements.--Except as otherwise provided by 
                the Secretary under subparagraph (D), the effective 
                rate of foreign income tax with respect to any amount 
                may be established on the basis of applicable financial 
                statements (as defined in section 451(b)(3)).
                    ``(D) Regulations.--The Secretary shall issue such 
                regulations or other guidance as may be necessary or 
                appropriate to carry out the purposes of this 
                paragraph, including regulations or other guidance 
                providing procedures for determining the effective rate 
                of foreign income tax to which any amount is subject. 
                Such procedures may require that any transaction or 
                series of transactions among multiple parties be 
                recharacterized as one or more transactions directly 
                among any 2 or more of such parties where the Secretary 
                determines that such recharacterization is appropriate 
                to carry out, or prevent avoidance of, the purposes of 
                this section.
            ``(3) Exception for certain amounts with respect to 
        services.--Subsections (d)(1) and (d)(2) shall not apply to so 
        much of any amount paid or accrued by a taxpayer for services 
        as does not exceed the total services cost of such services. 
        The preceding sentence shall not apply unless such services 
        meet the requirements for eligibility for use of the services 
        cost method under section 482 (determined without regard to the 
        requirement that the services not contribute significantly to 
        fundamental risks of business success or failure).''.
            (2) Conforming amendment.--Section 59A(d) is amended by 
        striking paragraph (5).
    (e) Other Modifications.--
            (1) Section 59A(b)(3)(B)(ii) is amended by striking 
        ``registered securities dealer'' and inserting ``securities 
        dealer registered''.
            (2) Section 59A(h)(2)(B) is amended by striking ``section 
        6038B(b)(2)'' and inserting ``section 6038A(b)(2)''.
            (3) Section 59A(j)(2), as redesignated by subsection (c), 
        is amended by striking ``subsection (g)(3)'' and inserting 
        ``subsection (h)(3)''.
    (f) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2025.

SEC. 5. MODIFICATION OF FOREIGN TAX CREDIT LIMITATION BASKETS.

    (a) Modification of Foreign Tax Credit Limitation Baskets.--
            (1) In general.--Section 904(d)(1) is amended by striking 
        subparagraphs (A) and (B) and by redesignating subparagraphs 
        (C) and (D) as subparagraphs (A) and (B), respectively.
            (2) Conforming amendments.--
                    (A) Section 904(d)(2)(A)(ii) is amended by striking 
                ``income described in paragraph (1)(A), foreign branch 
                income, and''.
                    (B) Section 904(c) is amended by striking the last 
                sentence.
                    (C)(i) Section 904(d)(2) is amended by striking 
                subparagraph (J) and by redesignating subparagraph (K) 
                as subparagraph (J).
                    (ii) Section 250(b)(3)(A)(i)(VI) is amended to read 
                as follows:
                                    ``(VI) the business profits of such 
                                corporation which are attributable 
                                (under rules established by the 
                                Secretary) to 1 or more qualified 
                                business units (as defined in section 
                                989(a)) in 1 or more foreign countries, 
                                over''.
                    (D) Section 904(d)(2)(J), as redesignated by 
                subparagraph (C)(i), is amended by striking ``2007'' 
                each place it appears in the text and in the heading 
                and inserting ``2026''.
            (3) Transition rule.--The Secretary of the Treasury (or the 
        Secretary's delegate) shall establish rules for the application 
        of section 960(c)(2) with respect to categories of income 
        described in subparagraphs (A) and (B) of section 904(d)(2) (as 
        in effect for taxable years beginning before January 1, 2026).
    (b) Rules for Allocation of Certain Deductions to Foreign Source 
Global Intangible Low-taxed Income for Purposes of Foreign Tax Credit 
Limitation.--Section 904(b) is amended by adding at the end the 
following new paragraph:
            ``(5) Deductions treated as allocable to foreign source 
        global intangible low-taxed income.--In the case of a domestic 
        corporation and solely for purposes of the application of 
        subsection (a) with respect to amounts includible inc gross 
        income by reason of section 951A (other than passive category 
        income), the taxpayer's taxable income from sources without the 
        United States shall be determined--
                    ``(A) by allocating and apportioning any deduction 
                allowed under section 250(a)(2) (and any deduction 
                allowed under section 164(a)(3) for taxes imposed on 
                amounts described in section 250(a)(2)) to such income, 
                and
                    ``(B) by allocating and apportioning any other 
                deduction to such income only if the Secretary 
                determines that such deduction is directly allocable to 
                such income.
        Any deduction which would (but for subparagraph (B)) have been 
        allocated or apportioned to such income shall only be allocated 
        or apportioned to income which is from sources within the 
        United States.''.
    (c) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to taxable years 
        beginning after December 31, 2025.
            (2) Modification of foreign tax credit carryback and 
        carryforward.--The amendment made by subsection (a)(2)(B) shall 
        apply to taxes paid or accrued in taxable years beginning after 
        December 31, 2025.

SEC. 6. RESTORATION OF LIMITATION ON DOWNWARD ATTRIBUTION OF STOCK 
              OWNERSHIP IN APPLYING CONSTRUCTIVE OWNERSHIP RULES.

    (a) In General.--Section 958(b) is amended--
            (1) by inserting after paragraph (3) the following:
            ``(4) Subparagraphs (A), (B), and (C) of section 318(a)(3) 
        shall not be applied so as to consider a United States person 
        as owning stock which is owned by a person who is not a United 
        States person.'', and
            (2) by striking ``Paragraph (1)'' in the last sentence and 
        inserting ``Paragraphs (1) and (4)''.
    (b) Foreign Controlled United States Shareholders.--Subpart F of 
part III of subchapter N of chapter 1 is amended by inserting after 
section 951A the following new section:

``SEC. 951B. AMOUNTS INCLUDED IN GROSS INCOME OF FOREIGN CONTROLLED 
              UNITED STATES SHAREHOLDERS.

    ``(a) In General.--In the case of any foreign controlled United 
States shareholder of a foreign controlled foreign corporation--
            ``(1) this subpart (other than sections 951A, 951(b), and 
        957) shall be applied with respect to such shareholder 
        (separately from, and in addition to, the application of this 
        subpart without regard to this section)--
                    ``(A) by substituting `foreign controlled United 
                States shareholder' for `United States shareholder' 
                each place it appears therein, and
                    ``(B) by substituting `foreign controlled foreign 
                corporation' for `controlled foreign corporation' each 
                place it appears therein, and
            ``(2) section 951A shall be applied with respect to such 
        shareholder--
                    ``(A) by treating each reference to `United States 
                shareholder' in such section as including a reference 
                to such shareholder, and
                    ``(B) by treating each reference to `controlled 
                foreign corporation' in such section as including a 
                reference to such foreign controlled foreign 
                corporation.
    ``(b) Foreign Controlled United States Shareholder.--For purposes 
of this section, the term `foreign controlled United States 
shareholder' means, with respect to any foreign corporation, any United 
States person which would be a United States shareholder with respect 
to such foreign corporation if--
            ``(1) section 951(b) were applied by substituting `more 
        than 50 percent' for `10 percent or more', and
            ``(2) section 958(b) were applied without regard to 
        paragraph (4) thereof.
    ``(c) Foreign Controlled Foreign Corporation.--For purposes of this 
section, the term `foreign controlled foreign corpor