Tighten Earnings Stripping Rules; Limit Interest Deductions
In the American Jobs Creation Act of 2004, a further restriction on earnings stripping rules was
considered as an alternative to the anti-inversion measure. These provisions were not enacted but
were to be studied in a Treasury report. The 2004 House proposal would have raised revenue by dropping the debt-to-asset share test and lowering the interest share standard to 25% for ordinary
debt, 50% for guaranteed debt, and 30% overall. In general, further restrictions on earnings
stripping could be considered to address shifting through debt for U.S. subsidiaries of foreign
parents.
President Obama’s budget proposals include a more restrictive rule for multinational firms,
allocating interest across the firm’s related groups in proportion to earnings.120 Allocation rules
were also included in Chairman Camp’s Tax Reform Proposal in the 113th Congress (H.R. 1).