Section 1 Short title
This Act may be cited as the “Territorial Economic Recovery Act”.
Territorial Economic Recovery Act
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.
Sec. 2 Income of certain qualified possession corporations excluded from tested income
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”
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.”
Effective date— The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2023, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end.