Deterring Adversarial Access to Americans’ Data Act
Sponsored By: Representative Rep. Moran, Nathaniel [R-TX-1]
Introduced
Summary
Deny tax benefits to entities that use foreign adversary‑controlled technology. This bill would add "foreign adversary‑controlled technology" to who counts as a foreign‑influenced entity for tax rules and attach tax penalties to that status.
Show full summary
- Businesses that use foreign adversary‑controlled technology would be treated as foreign‑influenced and lose access to bonus depreciation and to fully expensing domestic research and experimental costs.
- Prohibited foreign entities and property they own would be ineligible for bonus depreciation and would be barred from the research tax credit.
- Deductions or losses tied to foreign adversary‑controlled technology or to businesses owned by prohibited foreign entities would be included when calculating limits on the business interest deduction.
- The changes would apply to taxable years beginning one year after enactment.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 0 benefits, 2 costs, 0 mixed.
Higher tax costs for firms using foreign tech
If enacted, this would deny or limit several tax benefits for businesses that use foreign‑adversary‑controlled technology or are tied to prohibited foreign entities. The bill would stop firms from claiming 100% bonus depreciation for such property. It would bar full first‑year expensing for domestic R&D amounts tied to that technology or paid by prohibited foreign entities. It would disallow the R&D tax credit for specified foreign or foreign‑influenced taxpayers. It would also require income, gains, losses, or deductions tied to that technology or to prohibited‑entity businesses to be included when computing adjusted taxable income for the business interest limit. These rules would apply to taxable years starting one year after enactment.
Business users of foreign-controlled tech
If enacted, this would expand who counts as a foreign‑influenced entity for tax rules. An entity would be foreign‑influenced if it uses "foreign adversary‑controlled technology" during the taxable year. The bill defines that technology to include hardware, software, cloud services, or network components made by listed foreign firms or that must interoperate with such components. The term "information and communications technology or service" is also defined broadly. These rules would apply to taxable years starting one year after enactment.
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Sponsors & CoSponsors
Sponsor
Rep. Moran, Nathaniel [R-TX-1]
TX • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
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