[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