Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

IC-Disc...Is it Right for Your Business?

Author: Scarinci Hollenbeck, LLC

Date: February 7, 2017

Key Contacts

Back

Now that President Trump has made it a priority to bring back manufacturing to the United States, now might be the time to consider an IC-Disc (Interest Charge Domestic International Sale Corporation).

An IC-Disc reflects a special tax preference enacted by Congress to strengthen export sales. If a domestic corporation qualifies and elects to be treated as an IC-Disc, it is permitted to defer up to $10,000,000 from qualified export receipts per tax year.

IC-Disc

The IC-Disc is a tax-exempt entity, however, the shareholders are taxed on the certain income of the IC-Disc whether or not it is distributed. The character of the commission income is a dividend; if not distributed during the year, it is a constructive dividend at the end of the year. Any remaining taxable amounts are taxed when actually distributed to the shareholder or where the corporation ceases to qualify as an Interest Charge Domestic International Sale Corporation. Obviously, the IC-Disc provides an opportunity to defer income. To offset this tax advantage, the shareholders are subject to an interest charge based on the tax that would otherwise be due. The interest charge, reported on Form 8404, is the deferred tax liability multiplied by the base period T-bill rate. In this environment of low-interest rates, the interest charged would be very low.

Tax benefit of an IC-Disc The other main tax benefit of using an Interest Charge Domestic International Sale Corporation is that the difference between qualified dividend rates and ordinary income rates is the tax benefit afforded to the shareholders. This benefit can provide substantial savings. A US exporter would be able to convert a portion of the export income into dividends thereby converting the tax rate from 35% to 20%. Example – exporting company XPE forms an Interest Charge Domestic International Sale Corporation. It pays and deducts commission to the IC-Disc. The commission reduces otherwise taxable income.

The IC-Disc pays no tax on the commissions but still pay interest on the deferred income and the shareholders are not taxed until the earnings are distributed as dividends – currently 20%. Qualifications of an IC-Disc An Interest Charge Domestic International Sale Corporation must meet each of the following tests

  1. it must be a domestic corporation;
  2.  it must have only one class of stock and must have stated value of $2,500 on each day of the taxable year;
  3. it must elect disc status; at least 95% of its gross receipts must be export related; at least 95% of its assets, taken at the adjusted basis at the close of the taxable year must be export related; and (4) the IC-Disc cannot be, among other things, an S corporation and will usually be a C corporation. The Interest Charge Domestic International Sale Corporations is often a separate entity typically established in a state which has favorable state law tax provisions.

There are transfer pricing rules which govern IC-Discs but generally, the Interest Charge Domestic International Sale Corporation can realize taxable income equal to 4% of the qualified export receipts on the sale by the IC-Disc plus 10% of the export promotion expenses, sometimes known as the “4% Method.” There are other intercompany pricing rules that could be used as well. As the IC-Disc itself is not a taxable entity, the shareholders are taxed on the earnings of the Interest Charge Domestic International Sale Corporation as dividends received on the last day of each tax year. Notably, the EU has not challenged IC-Disc’s. Moreover, coupling Interest Charge Domestic International Sale Corporations with Section 1199 can achieve additional saving. Finally, an IC-Disc may be used for wealth planning.

If your company can benefit from forming anInterest Charge Domestic International Sale Corporation or if you have any questions regarding the matter, please contact me, Frank Brunetti, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"
How to Protect Your New Jersey Business When Going through a Divorce post image

How to Protect Your New Jersey Business When Going through a Divorce

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]

Author: Jay McDaniel

Link to post with title - "How to Protect Your New Jersey Business When Going through a Divorce"
10 Common Issues in Franchise Disputes post image

10 Common Issues in Franchise Disputes

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]

Author: Paul Grossman

Link to post with title - "10 Common Issues in Franchise Disputes"
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!