Preferential treatment of foreign-source corporate income
Foreign earnings of US multinationals face lower effective rates than domestic earnings.
Sum of two JCT corporate lines: reduced tax rate on active income of controlled foreign corporations ($47.6B) and the deduction for foreign-derived intangible income ($14.6B).
Available only to entities with foreign subsidiaries and cross-border intangible property, which is a small number of large multinational firms.
Structural reading
The competitive-distortion argument is at its sharpest here. A domestic-only manufacturer competing against a multinational faces a materially higher effective rate on the same economic activity, purely as a function of corporate structure. That is a tax on being small and local rather than on any economic characteristic. The 2017 design was a genuine attempt to fix the prior system's worse pathology, indefinite deferral of offshore cash, so this is a case where the reform improved things while leaving a large structural preference intact. The net cost figure is unusually uncertain because its components move in opposite directions.
Who gets it
The channels the benefit actually flows through, described by asset position, entity form and form of return. Never by named individuals.
Cost split by the concentration score. That score is a judgement rather than a published figure, so treat this as the scale of the split, not an audited allocation.
- Multinationals with mobile intangible property
The benefit attaches to income attributable to intangibles that can be located in a low-tax jurisdiction by contract, which is a capability of large firms rather than a class of income available generally.
- Firms with foreign subsidiary structures
The participation exemption applies to dividends from foreign subsidiaries, requiring a corporate structure only larger firms maintain.
- Exporters claiming the foreign-derived income deduction
A reduced effective rate on export-linked income, concentrated among firms with substantial foreign sales.
Who pays
Domestic-only businesses, which face full rates while competing with firms that do not, and taxpayers generally.
Sector aggregate covering many issues; international tax is a recurring named subject.
This transfer follows a general pattern, asymmetric organisation, sustained expert attention, and scheduled expiry dates.
How rent-seeking works →Legislative history and accountability
Enacting statutes, major amendments, recorded votes with party breakdown, and live reform proposals.
Enabling legislation
- Tax Cuts and Jobs Act of 2017P.L. 115-97Dec 22, 2017
Replaced the deferral-based worldwide system with a participation exemption, paired with a minimum tax on global intangible income and a reduced rate on foreign-derived income.
houseDec 20, 2017· Agreed to, 224-201Who voted which way: full roll callDemocratic0 yea189 nay0% yeaRepublican224 yea12 nay95% yeasenateDec 20, 2017· Agreed to, 51-48Who voted which way: full roll callDemocratic0 yea46 nay0% yeaRepublican51 yea0 nay100% yeaIndependent / other0 yea2 nay0% yea
Reform proposal
- Proposals to align the minimum tax with the international frameworklive
Proposals would raise the minimum tax rate on foreign income and shift to a country-by-country basis, aligning with the OECD framework. The scheduled rate changes make this a recurring live question.
Lobbying around this provision
This is not campaign money, and it is not attributable to the votes above. Lobbying disclosures record what organisations spent engaging policymakers across an entire issue area over a quarter. They are not broken out by party, by member, or by bill, and no part of this figure can be traced to any vote on this page. It is shown as an indicator of how organised the interest around this provision is, nothing more.
Demonstrating an actual relationship between money and votes would require campaign contribution records matched to each member of the roll call. That is a different dataset and is not yet built here.
Senate LDA filings, search disclosures by filer and issueSources and data freshness
Published within the last year. Figures marked unverified are seed estimates that have not been reconciled line-by-line against the primary source document. See the methodology for how each score is constructed.
Cite this figure
JCT, Estimates of Federal Tax Expenditures for Fiscal Years 2025-2029 (JCX-45-25), Table 1, published Dec 3, 2025. FY2025 estimate for "Preferential treatment of foreign-source corporate income": $62,200,000,000. https://www.jct.gov/publications/2025/jcx-45-25/ Via RentSeek, https://rentseek.bothand.tech/transfer/territorial-foreign-income
The primary document is cited first on purpose. Send your reader to the source table rather than to this site, which is a finding aid and not the authority for any figure on it.