MODIFICATION TO TAXATION OF INVESTMENT IN UNITED STATES PROPERTY.

SEC. 13232. MODIFICATION TO TAXATION OF INVESTMENT IN UNITED STATES PROPERTY. (a) General Rule.— Section 956 (relating to investment of earnings in United States property) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively, and (2) by striking subsection (a) and inserting the following: “(a) General Rule.— In the case of any controlled foreign corporation, the amount determined under this section with respect to any United States shareholder for any taxable year is the lesser of— “(1) the excess (if any) of— “(A) such shareholder’s pro rata share of the average of the amounts of United States property held (directly or indirectly) by the controlled foreign corporation as of the close of each quarter of such taxable year, over “(B) the amount of earnings and profits described in section 959(c)(1)(A) with respect to such shareholder, or “(2) such shareholder’s pro rata share of the applicable earnings of such controlled foreign corporation. The amount taken into account under paragraph (1) with respect to any property shall be its adjusted basis as determined for purposes of computing earnings and profits, reduced by any liability to which the property is subject. “(b) Special Rules.— “(1) Applicable earnings.— For purposes of this section, the term ‘applicable earnings’ has the meaning given to such term by section 956A(b), except that the provisions of such section excluding earnings and profits accumulated in taxable years beginning before October 1, 1993, shall be disregarded. “(2) Special rule for u.s. property acquired before corporation is a controlled foreign corporation.— In applying subsection (a) to any taxable year, there shall be disregarded any item of United States property which was acquired by the controlled foreign corporation before the first day on which such corporation was treated as a controlled foreign corporation. The aggregate amount of property disregarded under the preceding sentence shall not exceed the portion of the applicable earnings of such controlled foreign corporation which were accumulated during periods before such first day. “(3) Special rule where corporation ceases to be controlled foreign corporation.— Rules similar to the rules of section 956A(e) shall apply for purposes of this section.” (b) Regulatory Authority.— Section 956 is amended by adding at the end thereof the following new subsection: “(e) Regulations.— The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, 107 STAT. 502including regulations to prevent the avoidance of the provisons of this section through reorganizations or otherwise.” (c) Conforming Amendments.— (1) Subparagraph (B) of section 951(a)(1) is amended to read as follows: “(B) the amount determined under section 956 with respect to such shareholder for such year (but only to the extent not excluded from gross income under section 959(a)(2)); and” (2) Subsection (a) of section 951 is amended by striking paragraph (4). (d) Effective Date.— The amendments made by this section shall apply to taxable years of controlled foreign corporations beginning after September 30, 1993, and to taxable years of United States shareholders in which or with which such taxable years of controlled foreign corporations end.