H.R. 6648 - Territorial Economic Recovery Act

116TH CONGRESS
2D SESSION

H.R. 6648

To amend the Internal Revenue Code of 1986 to exclude certain amounts
from the tested income of controlled foreign corporations, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 1, 2020

Ms. PLASKETT (for herself and Ms. VELAZQUEZ) 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 exclude certain amounts from the tested income of controlled foreign corporations, and for other purposes.

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 "Territorial Economic Recovery Act".

SEC. 2. INCOME OF CERTAIN QUALIFIED POSSESSION CORPORATIONS EXCLUDED FROM TESTED INCOME.

(a) IN GENERAL. — Section 951A of the Internal Revenue Code of 1986 is amended — 

(1) in subsection (c)(2)(A)(i), by striking "and" at the end of subclause IV, by striking "over" and inserting "and" at the end of subclause (V), and by adding at the end the following new subclause:

‘‘(VI) any income of a qualified possession corporation that is effectively connected with the active conduct of a trade or business within a possession of the United States, over’’; and 

(2) by adding at the end the following new subsections:

‘‘(g) POSSESSION OF THE UNITED STATES. — For 19 purposes of this section, the term ‘possession of the United States’ means Puerto Rico, the Virgin Islands, and any specified possession described in section 931(c).

‘‘(h) QUALIFIED POSSESSION CORPORATION. — For purposes of this section, the term ‘qualified possession corporation’ means any controlled foreign corporation for any taxable year, if, for the three-year period (or the period during which the controlled foreign corporation has been in existence, if shorter) ending in the taxable year preceding the taxable year in which the determination is made — 

"(1) 80 percent or more of the gross income of such corporation was derived from sources within a possession of the United States, and

"(2) 75 percent or more of the gross income of such corporation was effectively connected with the active conduct of a trade or business within a possession of the United States.".

(b) EFFECTIVE DATE. — The amendments made by this section shall apply with respect to taxable years beginning after December 31, 2019.