S. 396Senate110th Congress (2007-2009)In Committee

A bill to amend the Internal Revenue Code of 1986 to treat controlled foreign corporations in tax havens as domestic corporations.

Introduced January 25, 2007

Legislative Activity

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3 earlier actions
SenateIntro Referral Latest Action

Sponsor introductory remarks on measure. (CR S1265)

January 29, 2007

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SenateIntro Referral

Introduced in Senate

January 25, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S1194-1195)

January 25, 2007

SenateIntro Referral

Read twice and referred to the Committee on Finance.

January 25, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S1265)

January 29, 2007

Floor Debate

22 members

What members said about S. 396 on the floor

7 Republicans14 Democrats1 Independent
Barbara Boxer
Sen. Barbara BoxerD-CA · Oct 2, 2007

Mr. President, I ask unanimous consent that the pending amendment be set aside. Mr. President, I send to the desk an amendment, and I ask for its immediate consideration. Mr. President, I thank the…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Oct 2, 2007

Madam President, I want to start where the Senator from North Dakota concluded his remarks, to express the gratitude of Delaware for the fine work the appropriations subcommittee has done, the…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Jan 25, 2007

Mr. President, today I'm joined by Senators Carl Levin of Michigan and Russell Feingold of Wisconsin in re-introducing legislation that we believe will help the Internal Revenue Service (IRS) combat…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Oct 2, 2007

Madam President, I come to the floor to talk about the underlying appropriations bill. First, let me thank the chairman and the ranking member of the subcommittee. I think the work they have done on…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Jan 25, 2007

Mr. President, today I'm joined by Senators Carl Levin of Michigan and Russell Feingold of Wisconsin in re-introducing legislation that we believe will help the Internal Revenue Service (IRS) combat…

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Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Jan 25, 2007

Mr. President, I rise today, along with my colleagues, Senators Ted Stevens, R-AK, Carl Levin, D-MI, Susan Collins, R-ME, Frank Lautenberg, D-NJ, John Kerry, D-MA, Barbara Boxer, D-CA, Dianne…

Daniel K. Inouye
Sen. Daniel K. InouyeD-HI · Oct 2, 2007

Mr. President, I suggest the absence of a quorum. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I find it, firstly, very difficult to speak in…

Tom Harkin
Sen. Tom HarkinD-IA · Jan 25, 2007

Mr. President, I rise today to introduce legislation to restore critical funding to one of our Nation's most effective drug enforcement tools, the Edward Byrne Memorial Justice Assistance Grant…

Robert F. Bennett
Sen. Robert F. BennettR-UT · Jan 25, 2007

Mr. President, I am pleased to be able to reintroduce the Utah Recreational Land Exchange Act of 2007, together with my colleague Senator Hatch. This legislation will ensure the protection of…

Bernard Sanders
Sen. Bernard SandersI-VT · Oct 2, 2007

Madam President, I ask unanimous consent to set aside the pending amendment and to call up the Sanders amendment, which has been filed at the desk. Madam President, I ask unanimous consent that the…

Barbara A. Mikulski
Sen. Barbara A. MikulskiD-MD · Jan 25, 2007

Mr. President, I rise to join Senator Bunning to introduce this important bill to make sure that Medicaid patients have access to care provided by podiatrists. This bill ensures that Medicaid…

Joseph R. Biden Jr.
Sen. Joseph R. Biden Jr.D-DE · Jan 25, 2007

Mr. President, today I introduce legislation to ensure that the United States does not fall further into debt at the United Nations, and to pay the debt that we have accrued since January 1, 2006.…

Wayne Allard
Sen. Wayne AllardR-CO · Oct 2, 2007

Mr. President, I rise today to speak on my amendment, designating $5 million--the amount requested by the Pentagon--for the Missile Defense Space Experimentation Center, a facility within the Missile…

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Ron Wyden
Sen. Ron WydenD-OR · Jan 25, 2007

Mr. President, I rise today to bring to light an important issue which threatens our national security and begs the attention of Congress. The legislation I propose today seeks to end the Iranian…

John E. Sununu
Sen. John E. SununuR-NH · Jan 25, 2007

Mr. President, I rise today on behalf of Senator Gregg and Senator Clinton to introduce Michelle's Law. This bill mirrors the law the State of New Hampshire passed in June 2006. Michelle Morse was a…

Max Baucus
Sen. Max BaucusD-MT · Oct 2, 2007

Madam President, as my colleagues are aware, current force intelligence, surveillance and reconnaissance, ISR, capabilities are impeded by three specific technology issues: in-theater network…

Jim Bunning
Sen. Jim BunningR-KY · Jan 25, 2007

Mr. President, I rise today to reintroduce an important bill that will ensure that Medicaid beneficiaries in all states have access to the services of top-quality podiatric physicians. Senator…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Oct 2, 2007

Madam President, I submitted amendment No. 3128 along with Senator Kohl to allow the Navy to provide up to $2 million to DRS in Milwaukee, WI for DDG51 Class Modernization--Hybrid Propulsion…

Harry Reid
Sen. Harry ReidD-NV · Oct 2, 2007

I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I appreciate the work of the managers on this important piece of legislation. I have conferred with the…

Trent Lott
Sen. Trent LottR-MS · Oct 2, 2007

The following Senators are necessarily absent: the Senator from Arizona (Mr. McCain) and the Senator from Virginia (Mr. Warner). Madam President, I am submitting Senate amendment No. 3124 to make…

David Vitter
Sen. David VitterR-LA · Oct 2, 2007

Madam President, I rise today in support of amendment No. 3140 to the 2008 Defense Appropriations Act. This amendment is in the interest of Louisiana and health care programs within the Department of…

John F. Kerry
Sen. John F. KerryD-MA · Oct 2, 2007

Mr. President, today I submitted an amendment with Senator Kennedy as a cosponsor which may provide up to $1 million, within the Navy Sealift Account, to the Massachusetts Maritime Academy, MMA, in…

Herb Kohl
Sen. Herb KohlD-WI · Oct 2, 2007

Madam President, I submitted amendment No. 3128 along with Senator Kennedy to allow the Navy to provide up to $2 million to DRS in Milwaukee, WI, for DDG51 Class Modernization, Hybrid Propulsion…

Pat Roberts
Sen. Pat RobertsR-KS · Oct 2, 2007

Madam President, I rise today in support of an amendment to the 2008 Defense Appropriations Act. This amendment is in the interest of Kansas and our national security. I request up to $1 million be…

Bill Text

Latest available legislative text

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Introduced in SenateIssued January 25, 2007

II

110th CONGRESS

1st Session

S. 396

IN THE SENATE OF THE UNITED STATES

January 25, 2007

Mr. Dorgan (for himself, Mr. Levin, and Mr. Feingold) 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 treat controlled foreign corporations established in tax havens as domestic corporations.

1.

Tax treatment of controlled foreign corporations established in tax havens

(a)

In general

Subchapter C of chapter 80 of the Internal Revenue Code of 1986 (relating to provisions affecting more than one subtitle) is amended by adding at the end the following new section:

7875.

Controlled foreign corporations in tax havens treated as domestic corporations

(a)

General rule

If a controlled foreign corporation is a tax-haven CFC, then, notwithstanding section 7701(a)(4), such corporation shall be treated for purposes of this title as a domestic corporation.

(b)

Tax-Haven CFC

For purposes of this section—

(1)

In general

The term tax-haven CFC means, with respect to any taxable year, a foreign corporation which—

(A)

was created or organized under the laws of a tax-haven country, and

(B)

is a controlled foreign corporation (determined without regard to this section) for an uninterrupted period of 30 days or more during the taxable year.

(2)

Exception

The term tax-haven CFC does not include a foreign corporation for any taxable year if substantially all of its income for the taxable year is derived from the active conduct of trades or businesses within the country under the laws of which the corporation was created or organized.

(c)

Tax-Haven country

For purposes of this section—

(1)

In general

The term tax-haven country means any of the following:

AndorraGuernseyPanama
AnguillaIsle of ManSamoa
Antigua and BarbudaJerseySan Marino
ArubaLiberiaFederation of
Commonwealth of thePrincipality of  Saint Christ-
 Bahamas Liechtenstein opher 
BahrainRepublic of the  and Nevis
Barbados MaldivesSaint Lucia
BelizeMaltaSaint Vincent
BermudaRepublic of the  and the
British Virgin Islands Marshall Islands Grenadines
Cayman IslandsMauritiusRepublic of the
Cook IslandsPrincipality of Monaco  Seychelles
CyprusMontserratTonga
Commonwealth of theRepublic of NauruTurks and Caicos
 DominicaNetherlands Republic of
GibraltarAntilles Vanuatu
GrenadaNiue
(2)

Secretarial authority

The Secretary may remove or add a foreign jurisdiction from the list of tax-haven countries under paragraph (1) if the Secretary determines such removal or addition is consistent with the purposes of this section.

.

(b)

Conforming amendment

The table of sections for subchapter C of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item:

Sec. 7875. Controlled foreign corporations in tax havens treated as domestic corporations.

.

(c)

Effective date

The amendments made by this section shall apply to taxable years beginning after December 31, 2008.