HANS DRAKE IC DISC OUTLINE (DOMESTIC INTERNATIONAL SALES CORPORATION) XXXXXXX 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11.

OWNERS OF IC DISC INTERNATIONAL SALES COMMISSION CALCULATIONS 4% OF INTERNATIONAL SALES TAX BENEFITS (35% OF COMMISSIONS) LOANS TRANSFER PRICING FACTORING COMPENSATION ESTATE PALNNING CALIFORNIA

ZZZZZZZZZZZZZZZZ XXXXXXX XXXXXXXXXXXXX ZZZXXXXXXXXXXXXX

HANS DRAKE IC DISC

SHAREHOLDERS

COMMISIONS

IC DISC
LOANS

XXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXXXX HANS DRAKE XXXXXXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXXX

XXXXXXX HANS DRAKE IC DISC CALCULATIONS ZZZZZZZZ
YEAR SALES NET INCOME INTER SALES 85% INTER CTI 85% SALES 4% CTI (50%) FED TAX BENEFIT 2,011 2,721,838 128,812 2,313,562 109,490 92,542 54,745 32,390 2,012 6,000,000 283,952 5,100,000 241,359 204,000 120,680 71,400 2,013 13,000,000 615,230 11,050,000 522,945 442,000 261,473 154,700 6 MOS 6,500,000 307,615 5,525,000 261,473 221,000 130,736 77,350

YEARS 2012 AND 2013 ESTIMATED NET INCOME RATIO 4.7% PER 2011 TAX RETURN

Form

(Rev. December 2009) Department of the Treasury Internal Revenue Service

4876-A

Election To Be Treated as an Interest Charge DISC

OMB No. 1545-0190

Part I

The corporation named below elects to be treated as an interest charge domestic international sales corporation (IC-DISC) for income tax purposes. All of the corporation’s shareholders must consent to this election.
A Employer identification number B Principal business classification (see instructions)

Name of corporation Number, street, and room or suite no. (or P.O. box if mail is not delivered to street address)

City or town, state, and ZIP code C E Tax year of IC-DISC: Must use tax year of shareholder (or shareholder group) with the highest percentage of voting power (see instructions). Enter ending month and day ᮣ Election is to take effect for the tax year beginning (month, day, year) F Date corporation began doing business D Name of person who may be called for information: (optional) Telephone number: ( )
I Identifying number (see instructions)

G

Name and address (including ZIP code) of each shareholder (or expected shareholder) at the beginning of the tax year the election takes effect and when the election is filed.

H Number of shares of stock held on— (Complete both columns for each shareholder.) First day of year of election Date consent is made

1 2 3 4 5 6 7 8 9 10
Total. Enter total shares for all shareholders (include shares of shareholders listed on any attachments)
Under penalties of perjury, I declare that the corporation named above has authorized me to make this election for the corporation to be treated as an IC-DISC and that the statements made are to the best of my knowledge and belief true, correct, and complete. Signature and Title of Officer

Date

,

Part II

Shareholders’ Consent Statement. Part II may be used instead of attachments. For this election to be valid, each shareholder must sign and date below or attach a separate consent to this form (see instructions).

We, the undersigned shareholders, consent to the election of the corporation named above to be treated as an IC-DISC. Our consent is irrevocable and is binding upon all transferees of our shares in this corporation. Signature of shareholder and date. (If consent involves transferred shares, attach a schedule showing the name and address of the holder of the shares at the beginning of the tax year and the number of shares for which the consent is made.)

1 2 3 4 5
For Paperwork Reduction Act Notice, see page 2.

6 7 8 9 10
Cat. No. 62075X Form

4876-A

(Rev. 12-2009)

Form 4876-A (Rev. 12-2009)

Page

2

General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.

Specific Instructions
Part I
Address. Include the suite, room, or other unit number after the street address. If the post office does not deliver mail to the street address and the corporation has a P.O. box, show the box number instead. Item B—Principal business classification. Use the list of Codes for Principal Business Activity in the Instructions for Form 1120-IC-DISC to enter the corporation’s business code number, principal business activity, and principal product or service. Item C—Tax year change. If a corporation electing to be an IC-DISC has to change its tax year to meet the tax year requirements of section 441(h), the corporation generally does not need IRS consent to make the change. A tax year change by a shareholder requires IRS consent. A subsequent change by the corporation to meet the tax year requirements of section 441(h) may require IRS consent. See section 442 and the regulations under sections 441, 442, and 921 for more information. Also see Rev. Proc. 2002-37, 2002-22 I.R.B. 1030, and Rev. Proc. 2002-39, 2002-22 I.R.B. 1046, as clarified and modified by Notice 2002-72, 2002-46 I.R.B. 843. Column I—Identifying number. The identifying number for an individual is the social security number. For all others, it is the employer identification number. Signature. Form 4876-A must be signed by the president, vice president, treasurer, assistant treasurer, chief accounting officer, or other officer (such as tax officer) authorized to sign for the corporation.

Purpose of Form
A corporation files Form 4876-A to elect to be treated as an interest charge domestic international sales corporation (IC-DISC). Once the election is made, it remains in effect until terminated or revoked. See Regulations section 1.992-2(e). The election applies to each shareholder who owns stock in the corporation while the election is in effect.

What Is an IC-DISC?
An IC-DISC is a domestic corporation that meets certain conditions regarding its organization and international sales and that elects to be treated as an IC-DISC. The corporation must be organized under the laws of a state or the District of Columbia and meet the following tests: ● At least 95% of its gross receipts during the tax year are qualified export receipts. ● At the end of the tax year, the adjusted basis of its qualified export assets is at least 95% of the sum of the adjusted basis of all its assets. ● It has only one class of stock, and its outstanding stock has a par or stated value of at least $2,500 on each day of the tax year (or, for a new corporation, on the last day to elect IC-DISC status for the year and on each later day). ● It keeps separate books and records. ● Its tax year must conform to the tax year of the shareholder (or shareholder group) who has the highest percentage of voting power. If two or more shareholders (or shareholder groups) have the same highest percentage of voting power, the IC-DISC’s tax year may be the same as that of any such shareholder (or group). See section 441(h) and its regulations for more information. ● Its election to be treated as an IC-DISC is in effect for the tax year. See section 992 and its regulations for details. Also see section 993 and its regulations for definitions of qualified export receipts and qualified export assets. Ineligible organizations. S corporations, certain financial institutions, and other corporations listed in section 992(d) are not eligible for IC-DISC treatment.

Part II
Shareholders’ Consent Statement. An election for IC-DISC treatment will be valid only if all shareholders sign either the consent statement in Part II or a separate statement as described below. Several shareholders may combine their consents in one statement. If a husband and wife jointly own the stock or the income from it, both must sign the consent. If tenants in common, joint tenants, or tenants by the entirety own the stock, each person must sign. The legal guardian should sign for a minor; if none has been appointed, the natural guardian should sign. The executor or administrator should sign for an estate, and the trustee should sign for a trust. If the estate or trust has more than one executor, administrator, or trustee, any of them who is authorized to file the returns may sign the consent. For a corporation or partnership, an officer or partner who is authorized to sign the other returns may sign the consent for the IC-DISC election. A foreign person’s consent may be signed by any individual who would be authorized to sign if the person were a U.S. person. Extension. Normally, the consents must be attached to Form 4876-A. If you establish reasonable cause for not filing a consent on time, you may file the consent within an extended period granted by an Internal Revenue Service Center. File the consents with the same service center where you filed Form 4876-A. Consent by transferee shareholder. If shares are transferred before a consent is filed, the transferee shareholder may consent to the IC-DISC election as long as the transfer occurs and the consent is filed within the first 90 days of the tax year. The service center may grant an

extension beyond that date. If the transfer takes place more than 90 days after the tax year began, an extension can be granted only if the transferor was eligible for one. Separate statement. Any shareholder who does not sign the consent in Part II of Form 4876-A must sign a separate consent statement for the election to be valid. The statement must say: “I, (shareholder’s name), a shareholder of (corporation’s name), consent to the election of (corporation’s name) to be treated as an IC-DISC. The consent so made by me is irrevocable and is binding on all transferees of my shares in (corporation’s name).” In addition, the statement must show (a) the names, addresses, and identification numbers of both the corporation and the shareholder; (b) the number of shares the shareholder owned (or expects to own) at the beginning of the tax year the election takes effect; and (c) the number of shares the shareholder owns when making the consent. For transferred stock, also show the name and address of the person who held the shares at the beginning of the tax year and the number of shares to which this consent applies. Supplemental Form 4876-A. If, between the date the election is filed and the date it takes effect, the corporation issues more shares of stock or the share ownership changes, it must file a supplemental Form 4876-A, with “SUPPLEMENTAL” written across the top of the form. The form must be filed within the first 90 days of the tax year the election takes effect. On the supplemental form, include all the information from the earlier form except for the list of owners contained in Parts I and II. Report only the owners of the new or additional shares in Part I, and in Part II obtain their consents only. Each new shareholder or holder of additional shares must consent to the IC-DISC election for the Supplemental Form 4876-A to be valid. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Recordkeeping 4 hr., 4 min. Learning about the law or the form 1 hr., 5 min. Preparing and sending the form to the IRS 1 hr., 12 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW, IR-6526, Washington, D.C. 20224. Do not send the form to this address. Instead, see Where To File above.

When To File
If it is the corporation’s first tax year, complete and file Form 4876-A within 90 days after the beginning of the tax year. For any tax year that is not the corporation’s first tax year, the election must be made during the 90-day period immediately preceding the first day of that tax year. For the election to be valid, all of the corporation’s shareholders, as of the first day of the tax year the election is to take effect, must consent to it.

Where To File
File Form 4876-A with the IRS Service Center where the corporation will file its annual return, Form 1120-IC-DISC, Interest Charge Domestic International Sales Corporation Return.

Taking advantage of IC-DISC Opportunities

IC-DISC strategy

• Most companies can increase their after-tax cash flow by
incorporating an IC-DISC.

• After repeal of ETI exclusion, the IC-DISC is the only

option available to obtain export tax benefits—IC-DISC has existed since the '70s and not been challenged by courts or WTO. on dividends.
**

• IC-DISC structure takes advantage of the 15% tax rate

**20% DIVIDEND RATE AFTER OBAMA TAX INCREASE

IC-DISC strategy

Shareholder Owned (C or S corporation)

S HA RE HO L DE R
Dividend

S HA RE HO L DE R

Commission Payment

Commission Payment IC-DISC

E X P O RT E R

Servic e s Services

E X P O RT E R

Services s Dividend

IC-DISC

Export Sales

Export Sales

Customer

Customer

IC-DISC benefits

Foreign trading gross receipts Cost of goods sold Gross Margin Selling, general and administrative costs Export sales net income IC-DISC commission (greater of): 50% of export net income 250,000 4% of export gross receipts 400,000 IC-DISC commission Federal tax savings (35%) IC-DISC Dividend Federal tax cost (20%1) IC-DISC net tax savings
1

10,000,000 (8,000,000) 2,000,000 (1,500,000) 500,000

40 0, 00 0 14 0, 000 40 0, 000 ( 80, 00 0) 60,000

Health care tax could cause the rate to increase by 3.8%; and if producer entity is a “flow through” tax benefit would potentially increase another 4.6%.

OTHER POINTS OF CONSIDERATION REGARDING THE POTENTIAL TAX RATE BENEFITS

DEPENDING UPON THE STATE THE STATE TAX SAVINGS COULD BE SIGNIFICANT. FURTHER, IT IS POSSIBLE THE OBAMA HEALTH CARE TAX OF 3.8% MAY NOT BE APPLICABLE DEPENDING UPON THE OWNERS PARTICULAR CIRCUMSTANCE. IT IS ALSO IMPORTANT TO NOTE THAT THE HIGHEST RATE FOR INDIVIDUALS IS 39.6% SO IF THE PRODUCER OF EXPORT PROPERTY IS A FLOW THROUGH ENTITY FOR TAX PURPOSES THEN THE POTENTIAL BENEFIT IS ALMOST A 20% RATE DIFFERENTIAL.

DISC is exempt from income tax

• A DISC is exempt not only from the regular corporate income tax but also is exempt from the minimum tax on tax preferences and the accumulated earnings tax.

Qualifying as a DISC

• To qualify as a DISC for a tax year the corporation must meet all of the following requirements for that tax year:
1. Be an eligible corporation 2. Be an actual corporation 3. Meet the q qualified gross receipts test 4. Meet the qualified export assets test 5. Have one class of stock 6. Make a timely election 7. A DISC cannot be a member of a controlled group with a FSC

These corporations cannot be DISCs

• The following corporations are not eligible to be treated as a DISC: 1. Tax exempt corporation 2. Personal holding companies 3. Banks and trust companies 4. Insurance companies 5. Regulated investment companies (mutual funds) 6. S corporations

No restriction on who can be a DISC stockholder

• The law contains no restrictions on who can be a DISC stockholder. DISC stockholders can include: Corporation Partnership Estate Trust Husband and Wife Tenants in Common Joint Tenants Tenants by the Entirety Minor Foreign Person

Actual corporation

• The corporation must be incorporated under the laws of a state (any state) or the District of Columbia. • The separate incorporation of a DISC is required by statute, but this does not necessitate in all other respects the sep arate relationship s which otherwise would exist between a parent corporation and its subsidiary.

Qualified gross receipts test

• At least 95% of the corporation’s gross receipts
for the tax year must consist of qualified export receipts.

Qualified export asset test

• The adjusted basis of the qualified export assets of the corporation at the close of the tax year must be at least 95% of the sum of the adjusted basis of all assets of the corporation at the close of the tax year.

One class of stock

• The corporation must have only one class of stock, and the par or stated value of its outstanding stock must be at least $2,500 on each day of the tax year.

Making timely election to be treated as DISC

• The corporation must make a timely election to be treated as a DISC and that election must be in effect for the tax year.

When to elect

• For a corporation’s first tax year, elect within 90 days after the beginning of the year. • For any other year, elect during the 90 day period just before the first day of the year the election is to apply.

How to elect

• The corporation files Form 4876-A with the service center with which it would file an income tax return if it were subject to income tax. Consents of each person who is a shareholder as of the beginning of the first tax year for which the election is effective are to be or attached to the form.

DISC accounting methods

• •

A DISC generally may choose any permissible method of accounting. But if a DISC is a member of a controlled group it may not choose a method of accounting which would result in a material distortion of the income of the DISC or any other member of the controlled group. These are examples of what IRS considers a material distortion of income:
– a DISC uses the cash basis and acts as a commission agent in a substantial volume of sales of property by a related corporation which is on the accrual basis and which customarily pays commissions to the DISC more than two months after the sales. – a DISC uses the accrual basis and leases a substantial amount of property from a related corporation on the cash basis, and the DISC customarily accrues any part of the rent more than two months before the rent is paid.

DISC accounting periods

• The tax year of a DISC must be the tax year of that shareholder (or group of shareholders with the same 12-month tax year) who has the highest percentage of voting power. • If two or more shareholders (or group of shareholders) have the highest percentage of voting power under the above rule, the tax year of the DISC is the same 12month period as that of any such shareholder (or group).

IC-DISC strategy

Calculation of IC-DISC commission income
• IC-DISC able to calculate commission income under the following
methods (whichever is greater):

‒ 4% of gross receipts method  Commission cannot exceed sum of 4% of qualified export - 50% of combined taxable income method
 Commission cannot exceed 50% of the combined taxable income of supplier and IC-DISC plus 10% of export promotion expenses ‒ IC-DISC's taxable income based on the actual sales price, subject to adjustments under IRC §482 receipts of IC-DISC plus 10% of export promotion expenses

IC-DISC strategy
Qualifications

• "Qualified Export Receipts" are receipts from sales of export property
that are manufactured in the US by the supplier and sold for direct consumption or disposition outside the US, or to an unrelated person for delivery outside the US with no more than 50% of the FMV of the property being attributable to articles imported into the US. product to be exported isn’t an export sale.

• A sale of property to an American manufacturer for incorporation in a • "Qualified Export Assets" include A/R arising out of sales in which the
IC-DISC is the principal agent, money, bank deposits, and producer's loans. A producer's loan is a loan of an IC-DISC's accumulated tax deferred profits back to its U.S. parent manufacturing company. The loan amount cannot exceed the amount of the borrower's assets related to its export sales.

Export property as qualified export assets

• Export property is any property which meets all three of the following tests:
1. The property must be manufactured, produced, grown or extracted in the US by a person other than a DISC. 2. The property must be held for sale, lease or rental, in the ordinary course of trade or business by, or to, a DISC for direct use, consumption or disposition outside the US. 3. Not more than 50% of the fair market value of the property can be attributable to articles imported in the US.

Whether property is held for export

• The destination test (for use, etc., outside the US) is generally considered satisfied if:
1. The DISC delivers the property to a carrier or freight forwarder for delivery outside the US, regardless of the FOB point or place of passage of title, whether to a US or foreign purchaser and whether for use of the purchaser or for resale; or 2. The sale is to an unrelated DISC for such a purpose, whether delivery is to be made in the US or at a foreign destination, or

Rental, etc. of export property

• Qualified export t receipts include gross receipts from th e leasing or rental of export property which is used by the lessee of the property outside the US. • This includes receipts from subleasing. • Whether leased property satisfied the usage test is to be determined on a year-to-year basis. • Thus, the receipts on a lease of export property might qualify in some years and not in others depending on the lessee’s use of property in the year involved. • But a de minimus use of the property in the US is permissible.

Services related to the sales and lease of export property • Qualified export receipts include gross receipts for services which are both (1) related and (2) subsidi ary to any sal e, exch ange, l ease, rental or other disposition of export property by the corporation. • Such services may be performed within or without the US. • The DISC need not itself perform the services.

Services related to the sales and lease of export property
l ted servi c i es i nc i l ud de: • E xamples of rel a – Warranty – Maintenance – Repair – Installation – T ransportation, incl uding i nsurance, provide d it s cost t is included in the sale price or rental, or, if separately stated, is p aid by the DISC or itp s p rincip al.

Engineering or architectural services

• Qualified export receipts include gross receipts for engineering or architectural services for construction projects located (or proposed for location) outside the U S. • These services include feasibility studies and design, engineering and construction supervision. • They do not include the provision of technical assistance or know-how or services connected with the exploration for oil.

Qualified export assets defined

• Qualified export assets include the following:
1. 2. 3. 4. 5. 6. 7. 8. 9. Export property Export property assets Accounts receivable, etc. Temporary investments of working capital Producer’s loans Stock or securities in a related foreign export corporation Export-Import Bank and Foreign Credit Insurance Association obligations Export sales finance obligations Temporary bank deposits in US

IC-DISC strategy

Operation of IC-DISC

• The ownership of the IC-DISC does not have to mirror the ownership
of the supplier. For example, only one shareholder in a C-Corp. that has 20 shareholders could choose to own the IC-DISC Corp and increase dividend from IC-DISC

• Employee/shareholders could choose to reduce their salary from C• Commission agreement between supplier and IC-DISC must be
executed with assistance from Counsel

• Separate bank account and books and records must be maintained • Annual financial statements (I/S & B/S) must be prepared • Cash payments must be made from supplier to IC-DISC pursuant to
the commission agreement

The IC-DISC Benefit

• An IC-DISC may act as either a buy-sell or commission-based entity. • In either case, the income of an IC-DISC is calculated under one of the following: – 4% of qualified export receipts, – 50% of combined taxable income, or – Arm's length amount determined under the p rincip les of Code section 482.

Gross Receipts Method

The qualified gross receipts method allocates 4 percent of the qualified export receipts from export sales to the ICDISC.

This method is used when net margins are less than 8 pe r c e n t .

Example Gross receipts Cost of goods Gross margin Indirect expenses Net income Gross Receipts Method CTI Method IC-DISC Income $10,000,000 6, 0 00 , 0 00 4, 0 00 , 0 00 3, 2 50 , 0 00 750,000 400,000 375,000 400,000

CTI Method

The combined taxable income method allocates 50 percent of the taxable income from export sales to the IC-DISC

Example Gross receipts Cost of goods Gross margin Indirect expenses Net income Gross Receipts Method CTI Method IC-DISC Income $10,000,000 6, 0 00 , 0 00 4, 0 00 , 0 00 3, 0 00 , 0 00 1, 0 00 , 0 00 400,000 500,000 500,000

This method is used when net margins are greater than 8 pe r c e n t .

Code Sec. 482 Method

• As a result of limited activities and functions, determining the IC-DISCs income using the transfer pricing principles under Code Sec. 482 generally results in lower income than under the other two methods.

Maximizing the IC-DISC Commission

• An exporter can use any of the methods to achieve the greatest IC-DISC income. • IC-DISC rules permit the use of different methods to different group s based on product lines, industry or trade usage, or by transaction. • Where the net pre-tax margins of export sales are lower than worldwide net pre-tax margins, the exporter may use marginal costing of combined taxable i ncome t t IC -DISC income. to compute

Grouping

• Groupings must conform to recognized industry usag ge or SIC/NAICS codes. y use grouping for one • May product line and transaction-by-transaction for another product line.

Company

AB

Product Line

A

Product Line

B

Transa ction

A

Transaction

A

Transaction

B

GROUPING EXAMPLE

Example Base Case Gross receipts Cost of goods Gross margin Indirect expenses Net income Gross Receipts Method CTI Method IC-DISC Income $10,000,000 6, 0 00 , 0 00 4, 0 00 , 0 00 3, 0 00 , 0 00 1,000,000 400,000 500,000 500,000 Product A 5,000,000 4, 0 00 , 0 00 1, 0 00 , 0 00 750,000 250,000 20 0, 0 0 0 12 5, 0 0 0 200,000 Product B 5,000,000 2, 0 00 , 0 00 3, 0 00 , 0 00 2, 2 50 , 0 00 750,000 2 00 , 00 0 3 75 , 00 0 375,000

Marginal Costing

• If the profit margin on export sales is less than the profit margin on worldwide sales of the same product, the marginal costing rules may be applied to allocate only marginal or variable costs against export receipts. • Overall profit percentage limitation (OPP) limits export CTI to full costing CTI from all sales (foreign and domestic).

Marginal Costing Example

Example Total Sales Gross receipts Cost of goods Marginal Costing CTI Indirect expenses Full Costing CTI MC Profit M argi n OPP MC CTI (Limited to OPP) IC-DISC Income 20% 1,000,000 500,000 $10,000,000 6,000,000 4,000,000 2,000,000 2,000,000 Export 5,000,000 3,500,000 1,500,000 750,000 750,000 30% Domestic 5,000,000 2,500,000 2,500,000 1,250,000 1,250,000

Expense Allocation and Apportionment

• When using the CTI method, overhead costs are generall y allocated between exp ort and domestic sales, based on the rules under Treasury Reg. Sec. 1.861-8.

Transaction-by-Transaction

• The pricing method chosen is required on a transaction-by-transaction basis ; however , an annual election can be made to group transactions in accordance with products or product lines. • Neither the gross receipts nor CTI method may be applied in a way that causes, in any taxable year, a loss the U.S. exporter (related supplier).

Documentation

• • • •

Source Data (Sales and Cost of Sales) Support Product Hierarchy and Support Expense Allocation & Apportionment Methodology Transactional Analysis – Qualified Export Sales (U.S. Manufactured, NonU.S. Destination and 50% Content) – Pricing Method Reports • Form 1120-IC-DISC

Advanced Topics

– Roth IRA – Executive Compensation – Sourcing (Passive) – Transaction-by-Transaction – Producer's Loans – IC-DISC and 863(b) – Shared DISCs

Executive Compensation

IC-DISC ownership is set up through key employees.

Employee

Owner

IC-DISC

Commission

C-Corp

Sourcing Benefits

• IC-DISC dividends are considered foreign sourced income to U.S. owners • IC-DISC dividends are categorized into the passive bas ket • Can use IC-DISC to increase the ability to utilize tax credits in the passive basket – Title passage – FISC income

Transaction-by-Transaction

• •

May significantly increase IC-DISC benefit gg gate – Compared to ag g reg Requires advanced software applications – Iteration of alternative groupings and marginal costing analyses

• •

Rede termiinatti ion of open years Documentation

Producer's Loans

Producer's loans are a category of qualified export assets which permits a DISC to loan its tax deferred profits back to its parent manufacturing g comp pany ( or any other U.S. exp ort manufacturing corporation). The borrower must increase its inventory, plant, etc. by an amount equal to the loan by the end of the year of the loan. These producer's loans are qualified export assets and the interest of these loans constitutes qualified export receipts. The loan is designated as a "producer's loan" within the meaning of IRC s. 993(d) at the time of the loan.

• • •

IC-DISC and 863(b) Sales

• • •

Use of IC-DISC does not preclude use of Section 863(b) to increase foreign source income Can claim IC-DISC benefit on 863(b) sales May be required to allocate/apportion IC-DISC commission to foreign source income under Section 861