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Tax Incentives for Transferring Intangible Property to US Companies

New rules aim to encourage US companies to transfer intellectual property, such as patents and software, from their foreign subsidiaries back to the United States. This allows companies to avoid paying taxes on profits from these assets, potentially boosting their competitiveness and creating jobs domestically.
Key points
Companies can transfer intellectual property (e.g., patents, software) from foreign subsidiaries to the US without recognizing gain for tax purposes.
The fair market value of transferred property will be treated as not exceeding its original book value, reducing tax burdens.
These changes apply to transactions occurring after December 31, 2021.
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Additional Information
To amend the Internal Revenue Code of 1986 to encourage the transfer of intangible property from controlled foreign corporations to United States shareholders.
Print number: HR 2031
Sponsor: Rep. LaHood, Darin [R-IL-18]
Process start date: 2021-03-18