118 STAT. 1488 PUBLIC LAW 108–357—OCT. 22, 2004 TITLE IV—TAX REFORM AND SIM PLIFICATION FOR UNITED STATES BUSINESSES SEC. 401. INTEREST EXPENSE ALLOCATION RULES. (a) ELECTION TO ALLOCATE ON WORLDWIDE BASIS.—Section 864 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ‘‘(f) ELECTION TO ALLOCATE INTEREST, ETC. ON WORLDWIDE BASIS.—For purposes of this subchapter, at the election of the worldwide affiliated group— ‘‘(1) ALLOCATION AND APPORTIONMENT OF INTEREST EXPENSE.— ‘‘(A) IN GENERAL.—The taxable income of each domestic corporation which is a member of a worldwide affiliated group shall be determined by allocating and apportioning interest expense of each member as if all members of such group were a single corporation. ‘‘(B) TREATMENT OF WORLDWIDE AFFILIATED GROUP.— The taxable income of the domestic members of a worldwide affiliated group from sources outside the United States shall be determined by allocating and apportioning the interest expense of such domestic members to such income in an amount equal to the excess (if any) of— ‘‘(i) the total interest expense of the worldwide affiliated group multiplied by the ratio which the for eign assets of the worldwide affiliated group bears to all the assets of the worldwide affiliated group, over ‘‘(ii) the interest expense of all foreign corporations which are members of the worldwide affiliated group to the extent such interest expense of such foreign corporations would have been allocated and appor tioned to foreign source income if this subsection were applied to a group consisting of all the foreign corpora tions in such worldwide affiliated group. ‘‘(C) WORLDWIDE AFFILIATED GROUP.—For purposes of this paragraph, the term ‘worldwide affiliated group’ means a group consisting of— ‘‘(i) the includible members of an affiliated group (as defined in section 1504(a), determined without regard to paragraphs (2) and (4) of section 1504(b)), and ‘‘(ii) all controlled foreign corporations in which such members in the aggregate meet the ownership requirements of section 1504(a)(2) either directly or indirectly through applying paragraph (2) of section 958(a) or through applying rules similar to the rules of such paragraph to stock owned directly or indirectly by domestic partnerships, trusts, or estates. ‘‘(2) ALLOCATION AND APPORTIONMENT OF OTHER EXPENSES.—Expenses other than interest which are not directly allocable or apportioned to any specific income producing activity shall be allocated and apportioned as if all members of the affiliated group were a single corporation. For purposes
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