Special rules for transfers of intangible property from controlled foreign corporations to United States shareholders

(a) In general Subpart F of part III of subchapter N of chapter 1 is amended by adding at the end the following new section: 966. Transfers of intangible property to United States shareholders (a) In general In the case of any distribution of intangible property which is held by a controlled foreign corporation on the date of enactment of this section and which is described in subsection (b)— (1) for purposes of part I of subchapter C and any other provision of this title specified by the Secretary, the fair market value of such property on the date of such distribution shall be treated as not exceeding the adjusted basis of such property immediately before such distribution, and (2) if the distribution is not a dividend— (A) the United States shareholder’s adjusted basis in the stock of the controlled foreign corporation with respect to which such distribution is made shall be increased by the amount (if any) of such distribution which would (but for this subsection) be includible in gross income, and (B) the adjusted basis of such property in the hands of such United States shareholder immediately after such distribution shall be such adjusted basis immediately before such distribution reduced by the amount of the increase described in subparagraph (A). (b) Distribution A distribution is described in this section if the distribution is— (1) received by a domestic corporation from a controlled foreign corporation with respect to which such corporation is a United States shareholder, and (2) made by the controlled foreign corporation before the last day of the third taxable year of the controlled foreign corporation beginning after December 31, 2025. (c) Intangible property For purposes of this subsection, the term intangible property has the meaning given such term by section 367(d)(4) or which is computer software described in section 197(e)(3)(B).. (b) Conforming amendments (1) Section 197(f)(2)(B)(i) is amended by inserting 966(a), after 731,. (2) The table of sections for subpart F of part III of subchapter N of chapter 1 is amended by adding at the end the following new item: Sec. 966. Transfers of intangible property to United States shareholders.. (c) Effective date The amendments made by this section shall apply to distributions made in taxable years of foreign corporations beginning after December 31, 2025, and to taxable years of United States shareholders in which or with which such taxable years of foreign corporations end.