119 S2021 IS: Close the Round-Tripping Loophole Act
U.S. Senate
2025-06-11
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II
119th CONGRESS
1st Session
S. 2021
IN THE SENATE OF THE UNITED STATES
June 11, 2025
Mr. Wyden (for himself, Mr. Warner, Mr. Warnock, and Mr. Welch) 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 round-tripped income for purposes of calculating global intangible low-taxed income, and for other purposes.
1.

Short title
This Act may be cited as the “Close the Round-Tripping Loophole Act”.
2.

Modification to determination of net deemed intangible income return
(a)

In general
Section 951A(b)(2)(A) of the Internal Revenue Code of 1986 is amended—
(1)
by striking “10 percent of the aggregate of” and inserting
“10 percent of the excess (if any) of—
(i)
the aggregate of”, and
(2)
by adding at the end the following new clause:
“(ii)
an amount equal to the product of the amount determined under clause (i) and the round-tripping ratio, over”.
(b)

Round-Tripping ratio
Section 951A(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:
“(3)

Round-tripping ratio
For purposes of this subsection—
(A)

In general
The round-tripping ratio means, with respect to any United States shareholder for any taxable year, the percentage (not greater than 100 percent) which is equal to the ratio which—
(i)
the shareholder’s round-tripped net CFC tested income for such taxable year determined under subparagraph (B), bears to
(ii)
the shareholder’s net CFC tested income for such taxable year, determined without regard to this paragraph.
(B)

Shareholder’s round-tripped net CFC tested income
For purposes of subparagraph (A)(i), a United States shareholder’s round-tripped net CFC tested income for any taxable year is the net CFC tested income of such shareholder which would be determined under subsection (c) for such taxable year if—
(i)
the only income taken into account under clause (i) of subsection (c)(2)(A) in determining the tested income or tested loss of each controlled foreign corporation taken into account by such shareholder under subsection (c)(1) for such taxable year were income described in such clause which is derived in connection with—
(I)
property—
- (aa)
which is sold by the taxpayer to any person who is a United States person, or
- (bb)
which the taxpayer cannot establish to the satisfaction of the Secretary is for foreign use, or
(II)
services provided by the taxpayer which the taxpayer cannot establish to the satisfaction of the Secretary are provided to any person, or with respect to property, not located within the United States, and
(ii)
the only deductions taken into account under clause (ii) of subsection (c)(2)(A) in determining such tested income or tested loss were deductions properly allocable to income described in clause (i).
(C)

Foreign use
For purposes of this subsection, the determination of whether property is for a foreign use shall be made in the same manner as under section 250(b).
(D)

Exception for certain small taxpayers
(i)

In general
In the case of any United States shareholder described in clause (ii), the round-tripping ratio shall be 0 percent.
(ii)

Taxpayer described
(I)

In general
A United States shareholder is described in this clause if the average annual gross receipts of such United States shareholder for the 3-taxable year period ending with the taxable year which precedes such taxable year does not exceed $100,000,000.
(II)

Application of certain rules
Rules similar to the rules of paragraphs (2)(B) and (3) of section 59A(e) shall apply for purposes of this clause.”.
(c)

Effective date
The amendments made by this section shall apply taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end.
3.

Limitation on deduction for global intangible low-taxed income
(a)

In general
Section 250(a)(1)(B) of the Internal Revenue Code of 1986 is amended to read as follows:
“(B)
50 percent of the excess (if any) of—
(i)
the sum of—
(I)
the global intangible low-taxed income amount (if any) which is included in the gross income of such domestic corporation under section 951A for such taxable year, and
(II)
the amount treated as a dividend received by such corporation under section 78 which is attributable to the amount described in subclause (I), over
(ii)
an amount equal to the product of the amount determined under clause (i) and the round-tripping ratio (as determined under section 951A(b)(3)) of such domestic corporation for such taxable year.”.
(b)

Effective date
The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.