[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4695 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 4695
To amend the Internal Revenue Code of 1986 to modify the application of
the base erosion and anti-abuse tax with respect to certain entities
connected to jurisdictions which have implemented an extraterritorial
tax.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2023
Mr. Estes (for himself, Mr. Smith of Missouri, Mr. Smith of Nebraska,
Mr. Kelly of Pennsylvania, Mr. Smucker, Mrs. Miller of West Virginia,
Mr. Moore of Utah, Mrs. Steel, Ms. Van Duyne, Mr. Feenstra, and Mr.
Buchanan) introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Internal Revenue Code of 1986 to modify the application of
the base erosion and anti-abuse tax with respect to certain entities
connected to jurisdictions which have implemented an extraterritorial
tax.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Unfair Tax Prevention Act''.
SEC. 2. APPLICATION OF THE BASE EROSION AND ANTI-ABUSE TAX WITH RESPECT
TO CERTAIN ENTITIES CONNECTED TO EXTRATERRITORIAL TAX
JURISDICTIONS.
(a) In General.--Section 59A of the Internal Revenue Code of 1986
is amended by redesignating subsection (i) as subsection (j) and
inserting after subsection (h) the following new subsection:
``(i) Special Rules for Foreign-Owned Extraterritorial Tax Regime
Entities.--
``(1) In general.--In the case of any foreign-owned
extraterritorial tax regime entity--
``(A) such entity shall be treated as described in
subparagraphs (B) and (C) of subsection (e)(1) for
purposes of determining whether such entity is an
applicable taxpayer,
``(B) subsection (b)(2) shall be applied by
substituting `the date of the enactment of subsection
(i)' for `December 31, 2025',
``(C) subsections (c)(2)(B), (c)(4)(B)(ii), and
(d)(5) shall not apply, and
``(D) 50 percent of such entity's cost of goods
sold shall be treated as a base erosion tax benefit
with respect to a base erosion payment.
``(2) Foreign-owned extraterritorial tax regime entity.--
For purposes of this subsection--
``(A) In general.--The term `foreign-owned
extraterritorial tax regime entity' means any taxpayer
which is controlled by a foreign entity (other than a
foreign entity controlled by any domestic corporation)
if any of the following entities is subject to an
extraterritorial tax:
``(i) Any foreign entity which controls the
taxpayer.
``(ii) Any foreign entity which is
controlled by--
``(I) the taxpayer, or
``(II) any foreign entity described
in clause (i).
``(iii) Any trade or business of any
foreign entity described in clause (i) or (ii).
``(B) Extraterritorial tax.--
``(i) In general.--The term
`extraterritorial tax' means any tax imposed by
a foreign country on a corporation (including
any trade or business of such corporation)
which is determined by reference to any income
or profits received by any person (including
any trade or business of any person) by reason
of such person being connected to such
corporation through any chain of ownership,
determined without regard to the ownership
interests of any individual, and other than by
reason of such corporation having a direct or
indirect ownership interest in such person.
``(ii) Tax.--The term `tax' includes any
increase in tax whether effectuated by an
increase in the rate or base of a tax, by a
denial of deductions or credits, or otherwise.
``(C) Foreign entity.--The term `foreign entity'
means any foreign person other than an individual.
``(D) Control.--Control has the same meaning given
such term under section 954(d)(3).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after the date of the enactment of this Act.
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