H.R. 9764

HONOR Act

Official summary

Written by the Congressional Research Service.

Hindering Oppressive Nations from Obtaining Revenue Act or HONOR Act

This bill prohibits a taxpayer from claiming the foreign tax credit (FTC) for taxes paid, accrued, or deemed paid to Russia.

Under current law, a taxpayer may claim the FTC for income, war profits, and excess profits taxes (or taxes imposed in lieu of these taxes) paid, accrued, or deemed paid to a foreign country (and certain U.S. possessions), subject to limitations.

However, under current law, a taxpayer may not claim the FTC for taxes paid to a foreign country if (1) the United States does not recognize the country’s government, (2) the United States severs or does not conduct diplomatic relations with the country, or (3) the country is designated by the Department of State as supporting international terrorist acts. (Currently, the FTC is disallowed for taxes paid, accrued, or deemed paid to Iran, North Korea, Sudan, and Syria.)

Under the bill, a taxpayer may not claim the FTC for taxes paid, accrued, or deemed paid to Russia beginning 30 days after the date of enactment and until normal U.S. trade relations with Russia are restored (pursuant to requirements established by the Suspending Normal Trade Relations with Russia and Belarus Act).

Text of the bill

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Sec. 1. Short title

This Act may be cited as the Hindering Oppressive Nations from Obtaining Revenue Act or HONOR Act.

Sec. 2. Denial of foreign tax credit with respect to the Russian Federation

(a) In general. Section 901(j)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

Text this section adds to the law

(C) Special rule for Russia

(i) In general. This subsection shall apply to the Russian Federation during the period described in clause (ii).

(ii) Period of application. The period described in this clause is the period—

(I) beginning on the date that is 30 days after the date of the enactment of this subparagraph, and

(II) ending on the date on which the resumption of the application of the rates of duty set forth in column 1 of the Harmonized Tariff Schedule of the United States to products of the Russian Federation takes effect pursuant to section 4(b) of the Suspending Normal Trade Relations with Russia and Belarus Act.

(b) Effective date

(1) In general. The amendment made by this section shall take effect on the date of the enactment of this Act.

(2) Nonapplication of treaty rules. This section, and the amendment made by this section, shall be applied without regard to any treaty obligation of the United States.