Sec. 14101. Deduction for foreign-source portion of dividends received by domestic corporations from specified 10-percent owned foreign corporations
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Part VIII of subchapter B of chapter 1 is amended by inserting after section 245 the following new section: In the case of any dividend received from a specified 10-percent owned foreign corporation by a domestic corporation which is a United States shareholder with respect to such foreign corporation, there shall be allowed as a deduction an amount equal to the foreign-source portion of such dividend. For purposes of this section— The term specified 10-percent owned foreign corporation means any foreign corporation with respect to which any domestic corporation is a United States shareholder with respect to such corporation.
Such term shall not include any corporation which is a passive foreign investment company (as defined in section 1297) with respect to the shareholder and which is not a controlled foreign corporation. For purposes of this section— The foreign-source portion of any dividend from a specified 10-percent owned foreign corporation is an amount which bears the same ratio to such dividend as— the undistributed foreign earnings of the specified 10-percent owned foreign corporation, bears to the total undistributed earnings of such foreign corporation.
The term undistributed earnings means the amount of the earnings and profits of the specified 10-percent owned foreign corporation (computed in accordance with sections 964(a) and 986)— as of the close of the taxable year of the specified 10-percent owned foreign corporation in which the dividend is distributed, and without diminution by reason of dividends distributed during such taxable year. The term undistributed foreign earnings means the portion of the undistributed earnings which is attributable to neither— income described in subparagraph
(A)of section 245(a)(5), nor dividends described in subparagraph
(B)of such section (determined without regard to section 245(a)(12)). No credit shall be allowed under section 901 for any taxes paid or accrued (or treated as paid or accrued) with respect to any dividend for which a deduction is allowed under this section. No deduction shall be allowed under this chapter for any tax for which credit is not allowable under section 901 by reason of paragraph
(1)(determined by treating the taxpayer as having elected the benefits of subpart A of part III of subchapter N). Subsection
(a)shall not apply to any dividend received by a United States shareholder from a controlled foreign corporation if the dividend is a hybrid dividend. If a controlled foreign corporation with respect to which a domestic corporation is a United States shareholder receives a hybrid dividend from any other controlled foreign corporation with respect to which such domestic corporation is also a United States shareholder, then, notwithstanding any other provision of this title— the hybrid dividend shall be treated for purposes of section 951(a)(1)(A) as subpart F income of the receiving controlled foreign corporation for the taxable year of the controlled foreign corporation in which the dividend was received, and the United States shareholder shall include in gross income an amount equal to the shareholder's pro rata share (determined in the same manner as under section 951(a)(2)) of the subpart F income described in subparagraph (A). The rules of subsection
(d)shall apply to any hybrid dividend received by, or any amount included under paragraph
(2)in the gross income of, a United States shareholder. The term hybrid dividend means an amount received from a controlled foreign corporation— for which a deduction would be allowed under subsection
(a)but for this subsection, and for which the controlled foreign corporation received a deduction (or other tax benefit) with respect to any income, war profits, or excess profits taxes imposed by any foreign country or possession of the United States. Any amount which is treated as a dividend under section 1291(d)(2)(B) shall not be treated as a dividend for purposes of this section. The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the provisions of this section, including regulations for the treatment of United States shareholders owning stock of a specified 10 percent owned foreign corporation through a partnership. . Subsection
(c)of section 246 is amended— by striking or 245 in paragraph
(1)and inserting 245, or 245A , and by adding at the end the following new paragraph: For purposes of section 245A— paragraph (1)(A) shall be applied— by substituting 365 days for 45 days each place it appears, and by substituting 731-day period for 91-day period , and paragraph
(2)shall not apply. For purposes of applying paragraph
(1)with respect to section 245A, the taxpayer shall be treated as holding the stock referred to in paragraph
(1)for any period only if— the specified 10-percent owned foreign corporation referred to in section 245A(a) is a specified 10-percent owned foreign corporation at all times during such period, and the taxpayer is a United States shareholder with respect to such specified 10-percent owned foreign corporation at all times during such period. . Paragraph
(1)of section 246(a) is amended by striking and 245 and inserting 245, and 245A . Subparagraph
(B)of section 1059(b)(2) is amended by striking or 245 and inserting 245, or 245A . Subsection
(b)of section 904 is amended by adding at the end the following new paragraph: For purposes of subsection (a), in the case of a domestic corporation which is a United States shareholder with respect to a specified 10-percent owned foreign corporation, such shareholder’s taxable income from sources without the United States (and entire taxable income) shall be determined without regard to— the foreign-source portion of any dividend received from such foreign corporation, and any deductions properly allocable or apportioned to— income (other than amounts includible under section 951(a)(1) or 951A(a)) with respect to stock of such specified 10-percent owned foreign corporation, or such stock to the extent income with respect to such stock is other than amounts includible under section 951(a)(1) or 951A(a). Any term which is used in section 245A and in this paragraph shall have the same meaning for purposes of this paragraph as when used in such section. . Subsection
(b)of section 951 is amended by striking subpart and inserting title . Subsection
(a)of section 957 is amended by striking subpart in the matter preceding paragraph
(1)and inserting title . The table of sections for part VIII of subchapter B of chapter 1 is amended by inserting after the item relating to section 245 the following new item: Sec. 245A. Deduction for foreign source-portion of dividends received by domestic corporations from certain 10-percent owned foreign corporations. . The amendments made by this section shall apply to distributions made after (and, in the case of the amendments made by subsection (d), deductions with respect to taxable years ending after) December 31, 2017.