To amend the Internal Revenue Code of 1986 to decrease the top marginal corporate rate to 28 percent and to prevent corporations from exploiting tax treaties to evade taxation of United States income.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fair American Corporate Tax Act'' or 
``FACT Act''.

SEC. 2. DECREASE IN TOP MARGINAL RATE.

    (a) In General.--Paragraph (1) of section 11(b) of the Internal 
Revenue Code of 1986 is amended--
            (1) by inserting ``and'' at the end of subparagraph (B),
            (2) by striking subparagraphs (C) and (D) and inserting the 
        following subparagraph:
                    ``(C) 28 percent of so much of the taxable income 
                as exceeds $75,000.'',
            (3) by striking ``of $100,000'' and inserting ``of 
        $75,000'',
            (4) by striking ``$11,750'' and inserting ``$7,250'', and
            (5) by striking the third sentence.
    (b) Certain Personal Service Corporations.--Paragraph (2) of 
section 11(b) of such Code is amended by striking ``35 percent'' and 
inserting ``28 percent''.
    (c) Conforming Amendments.--
            (1) Subsection (a) of section 1201 of such Code is amended 
        by striking ``35 percent'' each place it appears and inserting 
        ``28 percent''.
            (2) Paragraphs (1), (2), and (6) of section 1445(e) of such 
        Code are each amended by striking ``35 percent'' and inserting 
        ``28 percent''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2010.

SEC. 3. LIMITATION ON TREATY BENEFITS FOR CERTAIN DEDUCTIBLE PAYMENTS.

    (a) In General.--Section 894 of the Internal Revenue Code of 1986 
(relating to income affected by treaty) is amended by adding at the end 
the following new subsection:
    ``(d) Limitation on Treaty Benefits for Certain Deductible 
Payments.--
            ``(1) In general.--In the case of any deductible related-
        party payment, the amount of any withholding tax imposed under 
        chapter 3 (and any tax imposed under subpart A or B of this 
        part) with respect to such payment shall not be less than the 
        amount which would be imposed if the payment were made directly 
        to the foreign parent corporation (taking into account any 
        income tax treaty between the United States and the country in 
        which the foreign parent corporation is resident).
            ``(2) Deductible related-party payment.--For purposes of 
        this subsection, the term `deductible related-party payment' 
        means any payment made, directly or indirectly, by any person 
        to any other person if the payment is allowable as a deduction 
        under this chapter and both persons are members of the same 
        foreign controlled group of entities.
            ``(3) Foreign controlled group of entities.--For purposes 
        of this subsection--
                    ``(A) In general.--The term `foreign controlled 
                group of entities' means a controlled group of entities 
                the common parent of which is a foreign corporation.
                    ``(B) Controlled group of entities.--The term 
                `controlled group of entities' means a controlled group 
                of corporations as defined in section 1563(a)(1), 
                except that--
                            ``(i) `more than 50 percent' shall be 
                        substituted for `at least 80 percent' each 
                        place it appears therein, and
                            ``(ii) the determination shall be made 
                        without regard to subsections (a)(4) and (b)(2) 
                        of section 1563.
                A partnership or any other entity (other than a 
                corporation) shall be treated as a member of a 
                controlled group of entities if such entity is 
                controlled (within the meaning of section 954(d)(3)) by 
                members of such group (including any entity treated as 
                a member of such group by reason of this sentence).
            ``(4) Foreign parent corporation.--For purposes of this 
        subsection, the term `foreign parent corporation' means, with 
        respect to any deductible related-party payment, the common 
        parent of the foreign controlled group of entities referred to 
        in paragraph (3)(A).
            ``(5) Regulations.--The Secretary may prescribe such 
        regulations or other guidance as are necessary or appropriate 
        to carry out the purposes of this subsection, including 
        regulations or other guidance which provide for--
                    ``(A) the treatment of two or more persons as 
                members of a foreign controlled group of entities if 
                such persons would be the common parent of such group 
                if treated as one corporation, and
                    ``(B) the treatment of any member of a foreign 
                controlled group of entities as the common parent of 
                such group if such treatment is appropriate taking into 
                account the economic relationships among such 
                entities.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to payments made after the date of the enactment of this Act.

Summary: Fair American Corporate Tax Act or FACT Act - Amends the Internal Revenue Code to: (1) decrease from 35 to 28 the top marginal income tax rate for corporations. And (2) provide that the amount of any tax withholding for deductible payments made by a US subsidiary of a foreign parent corporation to a related subsidiary in any country that has a tax treaty with the United States shall not be less than the amount which would be imposed if the payment were made directly to the foreign parent corporation.