Tax Credit Restoration Act of 2021
This bill requires the calculation of the base erosion minimum tax amount without regard to any offsetting credits. The base erosion and anti-abuse tax is levied on certain large corporations with deductions for amounts paid or accrued to foreign-related parties that are greater than 3% of their total deductions (2% in the case of certain banks or registered securities dealers).
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4639 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4639
To amend the Internal Revenue Code of 1986 to better coordinate the
base erosion and anti-abuse tax with certain credits.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2021
Ms. DelBene 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 better coordinate the
base erosion and anti-abuse tax with certain credits.
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 ``Tax Credit Restoration Act of
2021''.
SEC. 2. COORDINATION OF BASE EROSION AND ANTI-ABUSE TAX WITH CERTAIN
CREDITS.
(a) Base Erosion Minimum Tax Amount Determined Without Regard to
Credits.--
(1) In general.--Section 59A(b)(1)(B) of the Internal
Revenue Code of 1986 is amended to read as follows:
``(B) an amount equal to the regular tax liability
(as defined in section 26(b)) of the taxpayer for the
taxable year.''.
(2) Conforming amendments.--
(A) Section 59A(b)(2) of such Code is amended by
striking ``shall be applied'' and all that follows and
inserting ``shall be applied by substituting `12.5
percent' for `10 percent' in subparagraph (A)
thereof.''.
(B) Section 59A(b)(3)(A) of such Code is amended by
striking ``(2)(A)'' and inserting ``(2)''.
(C) Section 59A(b) of such Code is amended by
striking paragraph (4).
(b) Allowance of General Business Credit Against Base Erosion and
Anti-Abuse Tax.--Section 38(c)(1) of such Code is amended by striking
``the tax imposed by section 55'' and inserting ``the taxes imposed by
sections 55 and 59A''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment of this
Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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