LIMITATIONS ON INCOME SHIFTING THROUGH INTANGIBLE PROPERTY TRANSFERS.

SEC. 14221. LIMITATIONS ON INCOME SHIFTING THROUGH INTANGIBLE PROPERTY TRANSFERS.(a) Definition of Intangible Asset.—Section 936(h)(3)(B) is amended—(1) by striking “or” at the end of clause (v),(2) by striking clause (vi) and inserting the following:“(vi) any goodwill, going concern value, or workforce in place (including its composition and terms and conditions (contractual or otherwise) of its employment); or“(vii) any other item the value or potential value of which is not attributable to tangible property or the services of any individual.”, and(3) by striking the flush language after clause (vii), as added by paragraph (2).(b) Clarification of Allowable Valuation Methods.—(1) Foreign corporations.—Section 367(d)(2) is amended by adding at the end the following new subparagraph:“(D) Regulatory authority.—For purposes of the last sentence of subparagraph (A), the Secretary shall require—“(i) the valuation of transfers of intangible property, including intangible property transferred with other property or services, on an aggregate basis, or“(ii) the valuation of such a transfer on the basis of the realistic alternatives to such a transfer,131 STAT. 2219if the Secretary determines that such basis is the most reliable means of valuation of such transfers.”.(2) Allocation among taxpayers.—Section 482 is amended by adding at the end the following: “For purposes of this section, the Secretary shall require the valuation of transfers of intangible property (including intangible property transferred with other property or services) on an aggregate basis or the valuation of such a transfer on the basis of the realistic alternatives to such a transfer, if the Secretary determines that such basis is the most reliable means of valuation of such transfers.”.(c) Effective Date.—(1) In general.—The amendments made by this section shall apply to transfers in taxable years beginning after December 31, 2017.(2) No inference.—Nothing in the amendment made by subsection (a) shall be construed to create any inference with respect to the application of section 936(h)(3) of the Internal Revenue Code of 1986, or the authority of the Secretary of the Treasury to provide regulations for such application, with respect to taxable years beginning before January 1, 2018.