I 
108TH CONGRESS 
1ST SESSION 
H. R. 737
To amend the Internal Revenue Code of 1986 to prevent corporate 
expatriation to avoid United States income taxes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 12, 2003
Mr. NEAL of Massachusetts (for himself, Ms. PELOSI, Mr. HOYER, Mr. 
MENENDEZ, Mr. RANGEL, Mr. STARK, Mr. MATSUI, Mr. LEVIN, Mr. 
MCDERMOTT, Mr. KLECZKA, Mr. LEWIS of Georgia, Mr. MCNULTY, Mr. 
JEFFERSON, Mr. DOGGETT, Mrs. JONES of Ohio, Mr. ABERCROMBIE, 
Mr. ACKERMAN, Mr. ALLEN, Mr. BACA, Ms. BALDWIN, Ms. BERKLEY, 
Mr. BERMAN, Mr. BERRY, Mr. BISHOP of New York, Ms. CORRINE 
BROWN of Florida, Mr. BROWN of Ohio, Mrs. CAPPS, Mr. CAPUANO, Mr. 
CARDOZA, Ms. CARSON of Indiana, Mr. CLAY, Mr. CONYERS, Mr. 
COSTELLO, Mr. CROWLEY, Mr. DEFAZIO, Mr. DELAHUNT, Ms. 
DELAURO, Mr. DEUTSCH, Mr. DINGELL, Mr. ENGEL, Mr. EVANS, Mr. 
FARR, Mr. FILNER, Mr. FORD, Mr. FRANK of Massachusetts, Mr. 
FROST, Mr. GEPHARDT, Mr. GORDON, Mr. GRIJALVA, Mr. HASTINGS of 
Florida, Mr. HINCHEY, Mr. HOEFFEL, Mr. HOLDEN, Mrs. JOHNSON of 
Connecticut, Mr. ISRAEL, Ms. KAPTUR, Mr. KILDEE, Mr. KIND, Mr. 
LAMPSON, Mr. LANGEVIN, Mr. LANTOS, Mr. LARSON of Connecticut, Ms. 
LEE, Ms. LOFGREN, Mrs. LOWEY, Mr. LYNCH, Mr. MARKEY, Ms. 
MCCARTHY of Missouri, Ms. MCCOLLUM, Mr. MCGOVERN, Mr. MEEHAN, 
Mr. MICHAUD, Mr. GEORGE MILLER of California, Mr. NADLER, Mrs. 
NAPOLITANO, Ms. NORTON, Mr. OBERSTAR, Mr. OBEY, Mr. OLVER, Mr. 
PALLONE, Mr. PASCRELL, Mr. PASTOR, Mr. PAYNE, Mr. RAHALL, Mr. 
RODRIGUEZ, Mr. ROSS, Ms. ROYBAL-ALLARD, Mr. RUSH, Mr. RYAN of 
Ohio, Mr. SABO, Ms. LORETTA SANCHEZ of California, Ms. LINDA T. 
SA´NCHEZ of California, Mr. SANDERS, Ms. SCHAKOWSKY, Mr. SCHIFF, 
Mr. SCOTT of Virginia, Mr. SERRANO, Mr. SHERMAN, Mr. SKELTON, Ms. 
SOLIS, Mr. STRICKLAND, Mr. STUPAK, Mr. TAYLOR of Mississippi, Mr. 
THOMPSON of Mississippi, Mr. TIERNEY, Mr. TOWNS, Mr. UDALL of Col-
orado, Mr. UDALL of New Mexico, Mr. VAN HOLLEN, Ms. VELA´ZQUEZ, 
Mr. VISCLOSKY, Ms. WATSON, Mr. WAXMAN, Mr. WEXLER, Ms. WOOL-
SEY, and Mr. WYNN) 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 prevent 
corporate expatriation to avoid United States income taxes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Corporate Patriot En-
forcement Act of 2003’’.
SEC. 2. PREVENTION OF CORPORATE EXPATRIATION TO 
AVOID UNITED STATES INCOME TAX. 
(a) IN GENERAL.—Paragraph (4) of section 7701(a) 
of the Internal Revenue Code of 1986 (defining domestic) 
is amended to read as follows: 
‘‘(4) DOMESTIC.—
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘domestic’ when ap-
plied to a corporation or partnership means cre-
ated or organized in the United States or under 
the law of the United States or of any State 
unless, in the case of a partnership, the Sec-
retary provides otherwise by regulations. 
‘‘(B) CERTAIN
CORPORATIONS
TREATED 
AS DOMESTIC.—
‘‘(i) IN GENERAL.—The acquiring cor-
poration in a corporate expatriation trans-
action shall be treated as a domestic cor-
poration. 
‘‘(ii) 
CORPORATE
EXPATRIATION 
TRANSACTION.—For purposes of this sub-
paragraph, the term ‘corporate expatria-
tion transaction’ means any transaction 
if—
‘‘(I) a nominally foreign corpora-
tion (referred to in this subparagraph 
as the ‘acquiring corporation’) ac-
quires, as a result of such transaction, 
directly or indirectly substantially all 
of the properties held directly or indi-
rectly by a domestic corporation, and 
‘‘(II) immediately after the trans-
action, more than 80 percent of the 
stock (by vote or value) of the acquir-
ing corporation is held by former 
shareholders of the domestic corpora-
tion by reason of holding stock in the 
domestic corporation. 
‘‘(iii) LOWER STOCK OWNERSHIP RE-
QUIREMENT
IN
CERTAIN
CASES.—Sub-
clause (II) of clause (ii) shall be applied by 
substituting ‘50 percent’ for ‘80 percent’
with respect to any nominally foreign cor-
poration if—
‘‘(I) such corporation does not 
have substantial business activities 
(when compared to the total business 
activities of the expanded affiliated 
group) in the foreign country in which 
or under the law of which the corpora-
tion is created or organized, and 
‘‘(II) the stock of the corporation 
is publicly traded and the principal 
market for the public trading of such 
stock is in the United States. 
‘‘(iv) PARTNERSHIP TRANSACTIONS.—
The term ‘corporate expatriation trans-
action’ includes any transaction if—
‘‘(I) a nominally foreign corpora-
tion (referred to in this subparagraph 
as the ‘acquiring corporation’) ac-
quires, as a result of such transaction, 
directly or indirectly properties consti-
tuting a trade or business of a domes-
tic partnership, 
‘‘(II) immediately after the trans-
action, more than 80 percent of the
eign corporation’ means any corpora-
tion which would (but for this sub-
paragraph) be treated as a foreign 
corporation. 
‘‘(II) 
EXPANDED
AFFILIATED 
GROUP.—The term ‘expanded affili-
ated group’ means an affiliated group 
(as defined in section 1504(a) without 
regard to section 1504(b)). 
‘‘(III) RELATED FOREIGN PART-
NERSHIP.—A foreign partnership is 
related to a domestic partnership if 
they are under common control (with-
in the meaning of section 482), or 
they shared the same trademark or 
tradename.’’
(b) EFFECTIVE DATES.—
(1) IN
GENERAL.—The amendment made by 
this section shall apply to corporate expatriation 
transactions completed after September 11, 2001. 
(2) SPECIAL RULE.—The amendment made by 
this section shall also apply to corporate expatriation 
transactions completed on or before September 11, 
2001, but only with respect to taxable years of the
acquiring corporation beginning after December 31, 
2003.
Æ