Overview
- The Senate is reviewing Section 899 as part of the 'One Big Beautiful Bill Act' that passed the House in May.
- Section 899 would impose escalating surtaxes starting at 5% and rising to 20% on U.S. income of foreign entities from countries deemed to levy 'unfair' taxes on American companies.
- The administration frames the provision as a tool to compel foreign governments to reverse digital services taxes and OECD Pillar Two top-up levies rather than to generate tax revenue.
- Investment firms and trade groups warn the surtax could spur foreign investors to flee U.S. equity markets, potentially triggering capital outflows, market volatility and lower fund revenues.
- Analysis by the Global Business Alliance forecasts the levy could cost 360,000 U.S. jobs and cut annual GDP by $55 billion over a decade, while experts caution it may provoke reciprocal measures abroad.