Deny Deduction for Outsourcing

Full Title:
To amend the Internal Revenue Code of 1986 to deny deduction for outsourcing payments.

Summary#

This bill would add a new section (280I) to the Internal Revenue Code that stops businesses from claiming a tax deduction for certain "outsourcing payments." An outsourcing payment is a premium, fee, royalty, service charge, or other payment made in the course of a trade or business to a foreign person for labor or services whose benefit is directed, directly or indirectly, to consumers in the United States. If a payment covers services for both U.S. and non-U.S. consumers, only the portion that is for U.S. consumers is treated as an outsourcing payment. A "foreign person" means anyone who is not a U.S. person, except corporations or partnerships organized under the laws of a U.S. possession. The Secretary of the Treasury must issue rules and guidance to implement the section and to prevent avoidance, including by using transfer pricing arrangements. The bill applies to payments made after December 31, 2025, in taxable years ending after that date. The bill was introduced by Representative Austin Scott and referred to the House Committee on Ways and Means.

What it means for you#

  • If you run a business that pays foreign service providers for labor or services that benefit U.S. consumers, those payments could no longer be deducted from taxable income.
  • The rule applies only to payments to foreign persons (with a limited exception for entities in U.S. possessions).
  • The Treasury will write rules to explain how the new limitation works and to prevent ways to avoid it.
  • If you are an individual consumer, the bill text does not provide direct information about effects on jobs, prices, or wages.

Expenses#

No publicly available information on how much this change would cost or raise in tax revenue. The bill text does not include a budget estimate or scoring information.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.