[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8274 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8274
To amend the Internal Revenue Code of 1986 to encourage the transfer of
intangible property from controlled foreign corporations to United
States shareholders.
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IN THE HOUSE OF REPRESENTATIVES
May 7, 2024
Mr. LaHood (for himself, Mr. Ferguson, Mr. Smith of Nebraska, Mrs.
Miller of West Virginia, Ms. Tenney, and Mr. Feenstra) 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 encourage the transfer of
intangible property from controlled foreign corporations to United
States shareholders.
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 ``Bringing Back American Jobs Through
Intellectual Property Repatriation Act''.
SEC. 2. SPECIAL RULES FOR TRANSFERS OF INTANGIBLE PROPERTY FROM
CONTROLLED FOREIGN CORPORATIONS TO UNITED STATES
SHAREHOLDERS.
(a) In General.--Subpart F of part III of subchapter N of chapter 1
of the Internal Revenue Code of 1986 is amended by adding at the end
the following new section:
``SEC. 966. TRANSFERS OF INTANGIBLE PROPERTY TO UNITED STATES
SHAREHOLDERS.
``(a) In General.--If a controlled foreign corporation holds
intangible property on the date of the enactment of this section and
thereafter distributes such property to a domestic corporation which is
a United States shareholder with respect to such controlled foreign
corporation--
``(1) for purposes of part I of subchapter C and any other
provision of this title specified by the Secretary, the fair
market value of such property on the date of such distribution
shall be treated as not exceeding the adjusted basis of such
property immediately before such distribution, and
``(2) if any portion of such distribution is not a
dividend--
``(A) no gain shall be recognized by such United
States shareholder with respect to such distribution,
and
``(B) the adjusted basis of such property in the
hands of such United States shareholder immediately
after such distribution shall be the adjusted basis of
such property in the hands of such controlled foreign
corporation immediately before such distribution
reduced by the amount (if any) of gain not recognized
by reason of subparagraph (A) (determined after the
application of paragraph (1)).
``(b) Intangible Property.--For purposes of this section, the term
`intangible property' means any--
``(1) patent, copyright, license, invention, formula,
process, design, pattern, know-how, or format,
``(2) method, program, system, procedure, campaign, survey,
study, forecast, estimate, or technical data,
``(3) computer software (as defined in section
197(e)(3)(B)), or
``(4) any similar item, which has substantial value
independent of the services of any individual.
``(c) Application to Transfers of Intangible Property to a United
States Shareholder Through a Chain of Controlled Foreign
Corporations.--In the case of intangible property which is held by a
controlled foreign corporation on the date of the enactment of this
section and is thereafter distributed to another controlled foreign
corporation, the rules of subsection (a) shall apply with respect to
such distribution (and any subsequent distribution of such property by
a controlled foreign corporation to another controlled foreign
corporation or United States shareholder) if, not later than 180 days
after the date of such first distribution, such property is distributed
to a domestic corporation which is a United States shareholder with
respect to each such controlled foreign corporation.''.
(b) Conforming Amendments.--
(1) Section 197(f)(2)(B)(i) of such Code is amended by
inserting ``966(a),'' after ``731,''.
(2) The table of sections for subpart F of part III of
subchapter N of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 966. Transfers of intangible property to United States
shareholders.''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made in taxable years of foreign corporations
beginning after December 31, 2023, and to taxable years of United
States shareholders in which or with which such taxable years of
foreign corporations end.
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