ic-disc interest charge – domestic international sales corporation & federal tax
DESCRIPTION
IC-DISC Interest Charge – Domestic International Sales Corporation & Federal Tax. Kevin Heyde, CPA Kentucky Export Initiative Ready, Set, Export!. Today’s Objectives. Explain the tax benefits of an IC-DISC to your company and shareholders Rules to qualify for IC-DISC benefits - PowerPoint PPT PresentationTRANSCRIPT
An Independent Member of Baker Tilly International1
IC-DISCInterest Charge – Domestic International
Sales Corporation & Federal Tax
Kevin Heyde, CPA
Kentucky Export InitiativeReady, Set, Export!
An Independent Member of Baker Tilly International2
Today’s Objectives
• Explain the tax benefits of an IC-DISC to your company and shareholders
• Rules to qualify for IC-DISC benefits• How to establish an IC-DISC
– For our discussion today we will be discussing IC-DISC that is a “Commission DISC” not a “Buy/Sell DISC”
• Federal Tax
2
An Independent Member of Baker Tilly International3
Should Your Company Consider an IC-DISC?• Does your company export products?• Would my company and shareholders benefit from an IC-DISC?• Are products exported produced, grown or extracted from U.S.
source (new or used) majority content of US value (>50% value U.S.)?
• Does your company provide services e.g. engineering or architectural services for construction project outside of U.S.?
• Is your company a pass through entity such as an S-Corporation or Partnership or a closely held C-Corporation?
3
An Independent Member of Baker Tilly International4
Qualified Export Receipts & Export Property
• “Export Property” is property:– Manufactured, produced, grown, or extracted in
the U.S. by person other than DISC– Not more than 50% of fair market value of export
property is attributable to imported materials into the U.S.• Selling price - $100,000• Cost of imported materials included in property
sold - $50,000• Percent of Foreign content - 50%
4
An Independent Member of Baker Tilly International5
IC-DISC Tax Savings & Benefits• IC-DISC is exempt from federal income tax• Exporter (Supplier) deducts commission paid to IC-DISC,
i.e. reducing taxable income flowing to shareholders taxed at 35%, tax savings re: deduction
• IC-DISC pays dividend to its shareholders which is taxed at federal capital gains tax rate max. 15%
• Net federal tax savings to shareholders on commission deduction vs. dividend income (35% vs. 15%) yields 20%
• Annual deferral of federal income tax on up to $10,000,000 qualified gross receipts
• Potential for state and local tax savings• Potential Estate & Gift Planning opportunities
5
An Independent Member of Baker Tilly International6
Example of Tax SavingsS-Corporation with no IC-DISC S-Corp with IC-DISC
Domestic Export Total Domestic Export Total Dividend
Sales 6,000,000 2,000,000 8,000,000 6,000,000 2,000,000 8,000,000
Taxable Income before Commission (1) 600,000 120,000 720,000 600,000 120,000 720,000
Commission expense 50/50 method 80,000 80,000 80,000
Net federal taxable Income after Commission 600,000 120,000 720,000 600,000 40,000 640,000
Shareholder Level
Federal Tax at 35% 210,000 42,000 252,000 210,000 14,000 224,000
Federal Tax on IC-DISC Dividend 15% 12,000
Tax to shareholder 210,000 42,000 252,000 210,000 14,000 224,000 12,000
After Tax Cash available to shareholder 468,000 484,000
(I) (II)
Minimum Federal Tax Savings (II) less (I) 16,000
Footnote: (1) greater of (A) or (B)
(A) 4% of Qualified export receipts ($2,000,000 * 4%) 80,000
(B) 50% of export taxable income from export sales ($120,000 * 50%) 60,000
6
An Independent Member of Baker Tilly International7
Operating the IC-DISC• Export Sales made by Supplier to its customers, DISC is not involved
– IC-DISC is transparent to Customers
• IC-DISC earns commission on qualified export sales• IC-DISC distributes commission income earned to shareholders via a
qualified dividend or possibly loaned back to Supplier– IC-DISC shareholders pay federal tax at capital gains rate maximum rate
15% (currently for 2011 and 2012)
–Dividend not paid subjects deferred income to interest charge, currently .0034 of tax on deferred income
• Tax return is filed on or before 15th day of ninth month following year end
7
An Independent Member of Baker Tilly International8
IC-DISC Owned Directly by Flow Through Entity
Business Profits & Dividends taxed to
Shareholders
Individuals
S Corporation
IC-DISC
100%
Dividend
Exports Sales
Commission100%
Non-USCustomer
Non-USRelated
Customer
8
An Independent Member of Baker Tilly International9
Ownership Directly by Individuals
Commission
IndividualA
IndividualB
IndividualB
ExporterSupplier
USCo
IC-DISCUSCo
IndividualA
Profits net ofCommissions Dividends
Non-USCustomer
Non-USRelated
Customer
Sales
9
An Independent Member of Baker Tilly International10
Basics• Have same tax year as primary shareholder• Maintain its own set of books and records• Have its own Bank Account• Bank account minimum balance $2,500• Export sales prior to incorporation, capitalization and
election to be treated as an IC-DISC do not qualify for IC-DISC benefit
• Hold Board of Directors and Shareholder meeting in state of incorporation (e.g. adopt corporate resolutions to declare dividends or possibly to loan cash back to Supplier)
10
An Independent Member of Baker Tilly International11
Computation of Interest Charge2009 2010
Prior Year Current Year
DISC Taxable income and earnings and profits for the year $ 150,000
Actual distributions during current tax year $ (60,000)
Accumulated DISC income - end of year $ 120,000 $ 210,000
Calculation of interest charge:
Accumulated DISC income prior year $ 120,000
Calculation of Excess Current year distributions
Current year income $ 150,000
Current year distributions $ (60,000)
Excess Current year distributions (negative) $ -
Current year deferred DISC taxable income $ 120,000
Assumed deferred tax liability @ 35% $ 42,000
Interest charge using current year Base Period T-Bill Rate 2010 0.0034
"INTEREST CHARGE" paid by shareholder on individual return (deductible interest) $ 143
11
An Independent Member of Baker Tilly International12 An Independent Member of Baker Tilly International
General Federal Tax
12
An Independent Member of Baker Tilly International13
Federal Taxes
• State of uncertainty• Need to address deficit and high unemployment• Questionable if any significant tax legislation will
pass before the 2012 election–Obama’s September 8th,2011 address to joint
session of Congress –White House Jobs package sent to Congress September 12, 2011
13
An Independent Member of Baker Tilly International14
Expiring Tax Credits - December 31, 2011• Research - 20% of qualified research expenditures• Work Opportunity (WOTC)
–Up to 40% of 1st year wages up to $6k per employee, $12k qualified veterans, and $3k qualified summer youth employees. Where employee is a long-term family assistance (LTFA) recipient, WOTC is a percentage of 1st and 2nd year wages, up to $10k per employee.
• Differential Wage Payment for Employers–Eligible small business employers that pay differential
wages (payments to employees for periods that they arecalled to active duty, uniformed services, more than 30 days)
14
An Independent Member of Baker Tilly International15
Tax Considerations for Manufacturers
• Research and Development Tax Credit• Inventory valuation
–UNICAP – Uniform Capitalization of Costs• Domestic Production Activities Deduction• Depreciation
–Cost Segregation Study• Multi-state tax issues
–Nexus• Sales & Use taxes
15
An Independent Member of Baker Tilly International16
Questions?
An Independent Member of Baker Tilly International17
IRS Circular 230 Disclosure
As a result of perceived abuses, the Treasury has recently promulgated Regulations for practice before the IRS. These Circular 230 regulations require all accountants to provide extensive disclosure when providing certain written tax communications to clients. In order to comply with our obligations under these Regulations, we would like to inform you that any advice given in this presentation, including any attachments, cannot be used to avoid penalties which the IRS might impose, because we have not included all of the information required by Circular 230, nor have we performed services that rise to this level of assurance.
An Independent Member of Baker Tilly International18
Thank You!
Kevin Heyde, [email protected]
888.587.1719www.mcmcpa.com
18