Title: Territorial Economic Recovery Act
Policy area: Taxation

Summary:
Territorial Economic Recovery Act
This bill restores the favorable tax treatment of investment in U.S. territories and possessions. It treats such investment as domestic rather than foreign investment and requires investors to have an active trade or business in a U.S. territory or possession with a certain percentage of income derived from such territory or possession.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3940 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3940

 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 SENATE OF THE UNITED STATES

                             June 11, 2020

  Mr. Wicker introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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'' at the end of 
        subclause (V) and inserting ``and'', 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 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 3-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 taxable years of foreign corporations beginning after December 
31, 2019, and to taxable years of United States shareholders in which 
or with which such taxable years of foreign corporations end.
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