Excessive Employee Remuneration from Controlled Group Members and Allocation of Deduction
Section 70603 · Sec. 70603 ·
What this chapter is about
This part spreads a $1 million pay deduction cap across a group of firms. Pay from any group member counts toward the cap. Each member may deduct only its share. It starts with tax years after December 31, 2025.
The document says “shall”Who acts: Secretary of the TreasuryHow: statuteSec. 70603 in the PDF
What the document says
“if any person which is a member of such controlled group (other than such publicly held corporation) provides applicable employee remuneration to an individual who is a specified covered employee of such controlled group and the aggregate amount described in subparagraph (B)(ii) with respect to such specified covered employee exceeds $1,000,000--”
The section adds a new paragraph (7) to section 162(m) of the Internal Revenue Code of 1986. For a publicly held corporation in a controlled group the deduction cap is read as covering a specified covered employee, and where another group member pays such an employee and the total across the group tops $1,000,000, the cap applies to that member too and each of them uses an allocable limitation amount in place of $1,000,000.
What the document actually says
“if any person which is a member of such controlled group (other than such publicly held corporation) provides applicable employee remuneration to an individual who is a specified covered employee of such controlled group and the aggregate amount described in subparagraph (B)(ii) with respect to such specified covered employee exceeds $1,000,000--”
That sentence, in plain words
Pay from another firm in the group counts. The test is whether the total for that person tops $1 million.
What this is about
The cap then bites on that firm as well. Each firm gets only part of the $1 million. The next rule works out each share.
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“the term `allocable limitation amount' means, with respect to any member of the controlled group referred to in subparagraph (A) with respect to any specified covered employee of such controlled group, the amount which bears the same ratio to $1,000,000 as--”
The section sets the allocable limitation amount for a group member as the share of $1,000,000 that matches the ratio of the pay that member gave the employee to the total pay all members gave that employee. A specified covered employee is one described in named subparagraphs of paragraph (3) for the publicly held corporation, or one who would be so described if the employees of all group members were counted. A controlled group is any group treated as a single employer under subsection (b), (c), (m) or (o) of section 414.
What the document actually says
“the term `allocable limitation amount' means, with respect to any member of the controlled group referred to in subparagraph (A) with respect to any specified covered employee of such controlled group, the amount which bears the same ratio to $1,000,000 as--”
That sentence, in plain words
Each firm gets a share of the $1 million. The share matches what that firm paid.
What this is about
The two figures that follow set the ratio. One is what that firm paid. The other is what all of them paid.
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The document says “shall apply”Who acts: Secretary of the TreasuryHow: statuteSec. 70603 in the PDF
What the document says
“The amendment made by this section shall apply to taxable years beginning after December 31, 2025.”
The section applies its amendment to taxable years beginning after December 31, 2025.
What the document actually says
“The amendment made by this section shall apply to taxable years beginning after December 31, 2025.”
That sentence, in plain words
The change starts with tax years that begin after December 31, 2025.
What this is about
Earlier tax years are not touched. The old rule still holds for them. The date is fixed in the law.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
Provide for reconciliation pursuant to title II of H. Con. Res. 14, Public Law 119-21, sec. 70603, 139 Stat. 284 (2025). https://www.govinfo.gov/content/pkg/PLAW-119publ21/html/PLAW-119publ21.htm
This page
“Excessive Employee Remuneration from Controlled Group Members and Allocation of Deduction,” Provide for reconciliation pursuant to title II of H. Con. Res. 14, section 70603. Read the Mandate, https://readthemandate.org/pl-119-21/section-70603/ (retrieved October 10, 2026).
Cite the document when the claim is about what the document says. Cite this page when the indexing, the wording or the record of what has happened is what is being relied on.
What This Page Covers, and What It Leaves Out
Each distinct thing the section does: apply the cap across a controlled group, set the allocable limitation amount, define a specified covered employee and a controlled group, and fix the effective date.
Nothing in the section is left out. It has two subsections and each is recorded.
The section works by amending section 162(m) of the Internal Revenue Code of 1986 and points to section 414 of that Code, neither of which is indexed here.
