Sec. 14221. Denial of deduction for interest expense of United States shareholders which are members of worldwide affiliated groups with excess domestic indebtedness
759 words·~3 min read·
/bill/115/hr/1/eas/section-14221·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 163 is amended by redesignating subsection
(n)as subsection
(o)and by inserting after subsection
(m)the following new subsection: In the case of any domestic corporation which is a member of a worldwide affiliated group, the deduction allowed under this chapter for interest paid or accrued by such domestic corporation during the taxable year shall be reduced by the product of— the net interest expense of such domestic corporation, multiplied by the debt-to-equity differential percentage of such worldwide affiliated group. Any amount disallowed under paragraph
(1)for any taxable year shall be treated as interest paid or accrued in the succeeding taxable year. For purposes of this subsection, the term debt-to-equity differential percentage means, with respect to any worldwide affiliated group, the percentage which the excess domestic indebtedness of such group bears to the total indebtedness of the domestic corporations which are members of such group. For purposes of subparagraph (A), the term excess domestic indebtedness means, with respect to any worldwide affiliated group, the excess (if any) of— the total indebtedness of the domestic corporations which are members of such group, over 110 percent of the amount which the total indebtedness of such domestic corporations would be if the ratio of such indebtedness to the total equity of such domestic corporations equaled the ratio which— the total indebtedness of such group, bears to the total equity of such group. For purposes of subparagraph (B), the term total equity means, with respect to one or more corporations, an amount equal to— the sum of the money and all other assets of such corporations, reduced (but not below one) by the total indebtedness of such corporations. For purposes of this paragraph— the amount taken into account with respect to any asset shall be the adjusted basis thereof for purposes of determining gain, the amount taken into account with respect to any indebtedness with original issue discount shall be its issue price plus the portion of the original issue discount previously accrued as determined under the rules of section 1272 (determined without regard to subsection (a)(7) or (b)(4) thereof), and there shall be such other adjustments as the Secretary shall by regulations prescribe. For purposes of this paragraph, the total indebtedness, and the assets, of any group of corporations shall be determined by treating all members of such group as one corporation. For purposes of this paragraph, the assets of the domestic corporations which are members of any worldwide affiliated group shall be determined by disregarding any interest held by any such domestic corporation in any foreign corporation which is a member of such group. In the case of any taxable year beginning in a calendar year before 2022, the following percentages shall be substituted for 110 percent in applying subparagraph (B)(ii): In the case of a taxable year beginning in: The percentage is: 2018 130 2019 125 2020 120 2021 115 For purposes of this subsection— The term worldwide affiliated group means a group consisting of the includible members of an affiliated group, as defined in section 1504(a), determined— by substituting more than 50 percent for at least 80 percent each place it appears in such section, and without regard to paragraphs (2), (3), and
(4)of section 1504(b). The term net interest expense means the excess (if any) of the interest paid or accrued by the taxpayer during the taxable year, over the amount of interest includible in the gross income of such taxpayer for such taxable year. The Secretary shall by regulations provide for adjustments in determining the amount of net interest expense if necessary. For purposes of this subsection, all members of the same affiliated group (within the meaning of section 1504(a) applied by substituting more than 50 percent for at least 80 percent each place it appears) shall be treated as one taxpayer. The Secretary shall prescribe such regulations or other guidance as may be appropriate to carry out the purposes of this subsection, including regulations or other guidance— to prevent the avoidance of the purposes of this subsection, providing such adjustments in the case of corporations which are members of an affiliated group as may be appropriate to carry out the purposes of this subsection, providing for the coordination of this subsection with section 884, providing for the reallocation of shares of partnership indebtedness, or distributive shares of the partnership’s interest income or interest expense, and providing for the coordination with the limitation under subsection (j). . The amendments made by this section shall apply to taxable years beginning after December 31, 2017.