H.R. 1208: No Tax Breaks for Radical Corporate Activism Act

This bill disallows a business expense tax deduction for reimbursements or other amounts paid by an employer to an employee for travel expenses to obtain an abortion or expenses for any gender transition procedure for a minor child (under 18 years old) of an employee. (Under current law, a tax deduction generally is allowed for costs of operating a trade or business, subject to certain conditions and exceptions.)

The bill defines gender transition procedure as any medical or surgical service (including physician services, hospital services, and prescription drugs) that seeks to (1) alter or remove physiological or anatomical characteristics or features that are typical for the individual's biological sex, or (2) instill or create physiological or anatomical characteristics that resemble a sex different from the individual's sex at birth.

However, under the bill, the term gender transition procedure does not include services for treatment of a medically verified sex development disorder (e.g., the presence of 46 XX chromosomes with virilization, 46 XY chromosomes with undervirilization, or both ovarian and testicular tissue) or for the treatment of any infection, injury, disease, or disorder caused or exacerbated by the performance of any gender transition procedure.

Written by the Congressional Research Service, Library of Congress.