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131 STAT. 2097 PUBLIC LAW 115–97—DEC. 22, 2017 (II) by striking ‘‘the tax imposed by subparagraph (A)(ii)’’ in clauses (ii) and (iv) thereof and inserting ‘‘the tax imposed by paragraph (1) on undistributed capital gain’’, (iii) in subparagraph (E), as so redesignated, by striking ‘‘subparagraph (B) or (D)’’ and inserting ‘‘subpara- graph (A) or (C)’’, and (iv) by adding at the end the following new subpara- graph: ‘‘(F) UNDISTRIBUTED CAPITAL GAIN.—For purposes of this paragraph, the term ‘undistributed capital gain’ means the excess of the net capital gain over the deduction for dividends paid (as defined in section 561) determined with reference to capital gain dividends only.’’. (L) Section 882(a)(1), as amended by section 12001, is fur- ther amended by striking ‘‘or 1201(a)’’. (M) Section 904(b) is amended— (i) by striking ‘‘or 1201(a)’’ in paragraph (2)(C), (ii) by striking paragraph (3)(D) and inserting the fol- lowing: ‘‘(D) CAPITAL GAIN RATE DIFFERENTIAL.—There is a cap- ital gain rate differential for any year if subsection (h) of section 1 applies to such taxable year.’’, and (iii) by striking paragraph (3)(E) and inserting the following: ‘‘(E) RATE DIFFERENTIAL PORTION.—The rate differen- tial portion of foreign source net capital gain, net capital gain, or the excess of net capital gain from sources within the United States over net capital gain, as the case may be, is the same proportion of such amount as— ‘‘(i) the excess of— ‘‘(I) the highest rate of tax set forth in sub- section (a), (b), (c), (d), or (e) of section 1 (whichever applies), over ‘‘(II) the alternative rate of tax determined under section 1(h), bears to ‘‘(ii) that rate referred to in subclause (I).’’. (N) Section 1374(b) is amended by striking paragraph (4). (O) Section 1381(b) is amended by striking ‘‘taxes imposed by section 11 or 1201’’ and inserting ‘‘tax imposed by section 11’’. (P) Sections 6425(c)(1)(A), as amended by section 12001, and 6655(g)(1)(A)(i) are each amended by striking ‘‘or 1201(a),’’. (Q) Section 7518(g)(6)(A) is amended by striking ‘‘or 1201(a)’’. (3)(A) Section 1445(e)(1) is amended— (i) by striking ‘‘35 percent’’ and inserting ‘‘the highest rate of tax in effect for the taxable year under section 11(b)’’, and (ii) by striking ‘‘of the gain’’ and inserting ‘‘multiplied by the gain’’. (B) Section 1445(e)(2) is amended by striking ‘‘35 percent of the amount’’ and inserting ‘‘the highest rate of tax in effect for the taxable year under section 11(b) multiplied by the amount’’. (C) Section 1445(e)(6) is amended— 26 USC 882. VerDate Sep 11 2014 10:09 Oct 18, 2018 Jkt 079139 PO 00097 Frm 00045 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL097.115 PUBL097 dkrause on DSKBC28HB2PROD with PUBLAWS