Special rule for foreign-parented multinational groups
(A) In general
(A)In general#
If a corporation is a member of a foreign-parented multinational group for any taxable year, then, solely for purposes of determining whether such corporation meets the average annual adjusted financial statement income test under paragraph (1)(B)(ii)(I) for such taxable year, the adjusted financial statement income of such corporation for such taxable year shall include the adjusted financial statement income of all members of such group. Solely for purposes of this subparagraph, adjusted financial statement income shall be determined without regard to paragraphs (2)(D)(i), (3), (4), and (11) of section 56A(c).
(B)Foreign-parented multinational group#
For purposes of subparagraph (A), the term “foreign-parented multinational group” means, with respect to any taxable year, two or more entities if—
(i) at least one entity is a domestic corporation and another entity is a foreign corporation,
(ii) such entities are included in the same applicable financial statement with respect to such year, and
(iii) either— (I) the common parent of such entities is a foreign corporation, or (II) if there is no common parent, the entities are treated as having a common parent which is a foreign corporation under subparagraph (D).
(B)(i)#
at least one entity is a domestic corporation and another entity is a foreign corporation,
(B)(ii)#
such entities are included in the same applicable financial statement with respect to such year, and
(B)(iii)#
either—
(I) the common parent of such entities is a foreign corporation, or
(II) if there is no common parent, the entities are treated as having a common parent which is a foreign corporation under subparagraph (D).
(C)Foreign corporations engaged in a trade or business within the United States#
For purposes of this paragraph, if a foreign corporation is engaged in a trade or business within the United States, such trade or business shall be treated as a separate domestic corporation that is wholly owned by the foreign corporation.
(D)Other rules#
The Secretary shall, applying the principles of this section, prescribe rules for the application of this paragraph, including rules for the determination of—
(i) the entities (if any) which are to be to be treated under subparagraph (B)(iii)(II) as having a common parent which is a foreign corporation,
(ii) the entities to be included in a foreign-parented multinational group, and
(iii) the common parent of a foreign-parented multinational group.
(D)(i)#
the entities (if any) which are to be to be treated under subparagraph (B)(iii)(II) as having a common parent which is a foreign corporation,
(D)(ii)#
the entities to be included in a foreign-parented multinational group, and
(D)(iii)#
the common parent of a foreign-parented multinational group.