1. (a) In general In the case of any foreign controlled United States shareholder of a foreign controlled foreign corporation—

   1. (1) this subpart (other than sections 951A, 951(b), and 957) shall be applied with respect to such shareholder (separately from, and in addition to, the application of this subpart without regard to this section)—

      1. (A) by substituting “foreign controlled United States shareholder” for “United States shareholder” each place it appears therein, and
      2. (B) by substituting “foreign controlled foreign corporation” for “controlled foreign corporation” each place it appears therein, and

   2. (2) section 951A (and such other provisions of this subpart as provided by the Secretary) shall be applied with respect to such shareholder—

      1. (A) by treating each reference to “United States shareholder” in such section as including a reference to such shareholder, and
      2. (B) by treating each reference to “controlled foreign corporation” in such section as including a reference to such foreign controlled foreign corporation.

2. (b) Foreign controlled United States shareholder For purposes of this section, the term “foreign controlled United States shareholder” means, with respect to any foreign corporation, any United States person which would be a United States shareholder with respect to such foreign corporation if—

   1. (1) section 951(b) were applied by substituting “more than 50 percent” for “10 percent or more”, and
   2. (2) section 958(b) were applied without regard to paragraph (4) thereof.

3. (c) Foreign controlled foreign corporation For purposes of this section, the term “foreign controlled foreign corporation” means a foreign corporation, other than a controlled foreign corporation, which would be a controlled foreign corporation if section 957(a) were applied—

   1. (1) by substituting “foreign controlled United States shareholders” for “United States shareholders”, and
   2. (2) by substituting “section 958(b) (other than paragraph (4) thereof)” for “section 958(b)”.

4. (d) Regulations The Secretary shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section, including regulations or other guidance—

   1. (1) to treat a foreign controlled United States shareholder or a foreign controlled foreign corporation as a United States shareholder or as a controlled foreign corporation, respectively, for purposes of provisions of this title other than this subpart (including any reporting requirement), and
   2. (2) with respect to the treatment of foreign controlled foreign corporations that are passive foreign investment companies (as defined in section 1297).

(Added Pub. L. 119–21, title VII, § 70353(b), July 4, 2025, 139 Stat. 209.)

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 119–21, title VII, § 70353(d), July 4, 2025, 139 Stat. 210, provided that:

“The amendments made by this section [enacting this section and amending

section 958 of this title] shall apply to taxable years of foreign corporations beginning after

December 31, 2025.”

Construction

Pub. L. 119–21, title VII, § 70353(f), July 4, 2025, 139 Stat. 210, provided that:

“The amendments made by this section [enacting this section and amending

section 958 of this title] shall not be construed to create any inference with respect to the proper application of any provision of the Internal Revenue Code of 1986 with respect to taxable years beginning before the taxable years to which such amendments apply.”

Special Rule

Pub. L. 119–21, title VII, § 70353(e), July 4, 2025, 139 Stat. 210, provided that:

1. “(1) In general.— Except to the extent provided by the Secretary of the Treasury (or the Secretary’s delegate), the effective date of any amendment to the Internal Revenue Code of 1986 shall be applied by treating references to United States shareholders as including references to foreign controlled United States shareholders, and by treating references to controlled foreign corporations as including references to foreign controlled foreign corporations.
2. “(2) Definitions.— Any term used in paragraph (1) which is used in subpart F of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 (as amended by this section) shall have the meaning given such term in such subpart.”