This resolution sends a clear message: the United States will use every trade and tax tool at our disposal to protect our workers and businesses from discriminatory foreign overreach.
Use every trade and tax tool at our disposal to protect American workers and businesses from discriminatory foreign digital services taxes.
Occurrences
The next step is to address the egregious digital services taxes that target American ingenuity and that should be ended immediately.
Evidence
The memorandum says several trading partners enacted digital services taxes that could cost American companies billions of dollars, and directs USTR to consider renewed Section 301 investigations, a USMCA panel or investigation on Canada's DST, and Treasury review of tax-related legal authorities including 26 U.S.C. 891.
The House-passed bill included Sec. 112028, 'Enforcement of remedies against unfair foreign taxes,' creating proposed IRC Sec. 899. It defined 'unfair foreign tax' to include 'an undertaxed profits rule (UTPR), digital services tax, diverted profits tax' and would increase tax rates on applicable persons from discriminatory foreign countries.
Roll Call 145 was on passage of H.R. 1. The Clerk lists the status as Passed, 215 yeas to 214 nays, and lists 'Estes Republican Kansas KS Yea.'
The enacted public law's international tax table includes foreign tax credit, FDDEI/net CFC tested income, base erosion minimum tax, and related provisions, but not the House-passed Sec. 112028 / proposed Sec. 899. Text searches for 'digital services tax' and 'SEC. 899' return no matching text in the public law.
USTR announced that the United States requested USMCA dispute settlement consultations with Canada regarding Canada's digital service tax, stating that the United States opposes unilateral digital service taxes that discriminate against U.S. companies.
Canada announced it would rescind the Digital Services Tax in anticipation of a comprehensive trade arrangement with the United States, halt the June 30, 2025 collection, and bring forward legislation to rescind the Digital Services Tax Act.
The memorandum says discriminatory foreign tax practices may expose American companies to retaliatory international tax regimes, declares prior OECD Global Tax Deal commitments to have no force or effect absent congressional adoption, and directs Treasury and USTR to develop options for protective measures against foreign tax rules that disproportionately affect American companies.
Assessments
Partial credit is warranted. Estes supported a concrete House-passed tax remedy, proposed IRC Sec. 899, aimed directly at discriminatory digital services taxes, but that provision did not survive into enacted Public Law 119-21. The federal executive branch also used trade and tax authorities against DSTs, including action that contributed to Canada rescinding its DST, but those actions were not primarily attributable to Estes and did not resolve all foreign DST issues. This shows meaningful same-term effort and some policy progress, but not full delivery of the broad promise.