Sec. 508. Modifications to rules relating to inverted corporations
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Subsection
(b)of section 7874 of the Internal Revenue Code of 1986 is amended to read as follows: Notwithstanding section 7701(a)(4), a foreign corporation shall be treated for purposes of this title as a domestic corporation if— such corporation would be a surrogate foreign corporation if subsection (a)(2) were applied by substituting 80 percent for 60 percent , or such corporation is an inverted domestic corporation. For purposes of this subsection, a foreign corporation shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)— the entity completes after February 10, 2016, the direct or indirect acquisition of— substantially all of the properties held directly or indirectly by a domestic corporation, or substantially all of the assets of, or substantially all of the properties constituting a trade or business of, a domestic partnership, and after the acquisition, more than 50 percent of the stock (by vote or value) of the entity is held— in the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation, or in the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership. A foreign corporation described in paragraph
(2)shall not be treated as an inverted domestic corporation if after the acquisition the expanded affiliated group which includes the entity has substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group. For purposes of subsection (a)(2)(B)(iii) and the preceding sentence, the term substantial business activities shall have the meaning given such term under regulations in effect on February 10, 2016, except that the Secretary may issue regulations increasing the threshold percent in any of the tests under such regulations for determining if business activities constitute substantial business activities for purposes of this paragraph. . Clause
(i)of section 7874(a)(2)(B) of such Code is amended by striking after March 4, 2003, and inserting after March 4, 2003, and before February 11, 2016, . Subsection
(c)of section 7874 of such Code is amended— in paragraph (2)— by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B) , and by inserting or (b)(2)(A) after (a)(2)(B)(i) in subparagraph (B), in paragraph (3), by inserting or (b)(2)(B), as the case may be, after (a)(2)(B)(ii) , in paragraph (5), by striking subsection (a)(2)(B)(ii) and inserting subsections (a)(2)(B)(ii) and (b)(2)(B) , and in paragraph (6), by inserting or inverted domestic corporation, as the case may be, after surrogate foreign corporation . The amendments made by this section shall apply to taxable years ending after February 10, 2016.