What is an IC-DISC and Other Frequently Asked Questions.
What is an IC-DISC?
- An IC-DISC, Interest Charge Domestic International Sales Corporation, is a federal income tax incentive that allows U.S. exporters (making or distributing U.S. manufactured products) to compete globally by reducing U.S. tax related to export profits.
What are the tax benefits of an IC-DISC?
- An IC-DISC creates permanent tax savings by transferring income from the exporter to the tax-exempt IC-DISC through an export sales commission. The tax-exempt IC-DISC then pays qualified dividends which are taxed at a lower rate than the exporter’s ordinary income.
Who qualifies to benefit from an IC-DISC?
- An IC-DISC is available to U.S. taxpayers with qualifying exports. This includes individuals, C Corporations, S Corporations, partnerships, and LLCs who manufacture, grow, distribute, and/or develop goods and products within the U.S. and who sell to foreign customers directly or indirectly by selling to U.S. or foreign distributers or wholesalers.
Can a foreign shareholder benefit from an IC-DISC?
- Yes. Foreign shareholders are taxed on IC-DISC dividends just the same as U.S. shareholders. In certain circumstances, a tax treaty may exempt a foreign shareholder from U.S. tax.
What are the operating requirements of an IC-DISC?
- An IC-DISC is required to maintain a separate set of books, have a single class of shares with a par or stated value of $2,500, not be in a controlled group with a FSC, make a valid election to be treated as an IC-DISC and file U.S. tax returns. There are no other required changes to business operations.
Is an IC-DISC expensive to set -up?
- No. An IC-DISC is relatively inexpensive to set-up and maintain.
Is there a limit to the number of IC-DISCs an exporter can have?
- No. There is no limit on the number IC-DISCs an exporter can have.
Is there a limit on the number shareholders that can own an IC-DISC?
- No. An IC-DISC can have any number of shareholders; however, each shareholder must consent to the IC-DISC election.
How is an IC-DISC commission computed?
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By statute, an IC-DISC commission is generally the greater of 4% of sales, limited by net taxable income, or 50% of net taxable income, whichever is greater. There is a great deal of flexibility available in computing the IC-DISC commission as it can be computed on a very broad or a very detailed basis.
What is a transaction by transaction (TxT) commission computation?
- A TxT IC-DISC commission computation is a detailed commission computation that examines the profitability of each transaction as well as the various products sold by the exporter and computes the optimal IC-DISC commission.
Tax, Dividends, FDII, IRS, and Form 8404
Do IC-DISCs pay tax?
- No. An IC-DISC isn’t taxable at the entity level. An IC-DISC is categorized as a domestic C corporation that’s tax exempt for federal income tax purposes.
Can income be deferred in an IC-DISC?
- Yes. Income transferred to a tax-exempt IC-DISC can be deferred from taxation to the IC-DISC shareholder as long as the IC-DISC can remain qualified under the IC-DISC rules.
How are IC-DISC dividends taxed?
- IC-DISC dividends are taxed to individuals and trusts as qualified dividend income. IC-DISC dividends are fully taxed to C corporations.
How does the foreign-derived intangible income (FDII) deduction apply to an IC-DISC?
- A C corporation exporter may benefit from both the FDII deduction and the IC-DISC, however, the income eligible for the FDII deduction may be reduced by any commission paid to the IC-DISC on FDII eligible sales.
When is an IC-DISC tax return due with the IRS?
- The Form-1120-IC-DISC is due 8.5 months after the end of the year, there are no extensions.
What is the IC-DISC 60-Day rule?
- The 60-day rule requires that the exporter pay a reasonable estimate of the IC-DISC commission to the IC-DISC within 60 days of year end. The safe harbor reasonable estimate is at leat 50% of the final IC-DISC commission. It is advisable to pay well in excess of 50% to maintain flexibility.
What is the IC-DISC 90-Day rule?
- The 90-day rule requires that the exporter pay any remaining unpaid IC-DISC commission after the 60-day rule payment be paid to the IC-DISC within 90 days of the final IC-DISC determination or redetermination which is generally the filing of the IC-DISC tax return. The 90-day rule also provides that any excess commission that was paid to the IC-DISC be paid back to the exporter within this 90-day timeframe.