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©2013 CliftonLarsonAllen LLP




                                                                                           ©2013 CliftonLarsonAllen LLP
                                                               The IC-DISC:
                                                               Tax Savings for Exporters
                                                               March 28, 2013




                                      cliftonlarsonallen.com




                               Rob Kane, CPA
                               Partner
                               Rob.Kane@cliftonlarsonallen.com
©2013 CliftonLarsonAllen LLP
What is an IC-DISC?
• Interest Charge Domestic International Sales
  Corporation
• Generally available for goods and certain services
  produced in U.S. for ultimate consumption outside
  of U.S.A.
• History
   –   DISC (1972-1984) replaced with IC-DISC
   –   FSC (1985-2000) repealed
   –   ETI (2000-2005) repealed
   –   IC-DISC (since 1984 – alive and well)

• Initially only provided a limited deferral of tax, but
  today’s IC-DISC provides substantial permanent tax
  savings for U.S. exporters                               2
©2013 CliftonLarsonAllen LLP
What is an IC-DISC?
• 2004: Congress established a lower (15%) qualified
  dividend rate which expanded IC-DISC opportunities
• American Taxpayer Relief Act (ATRA) raised
  maximum qualified dividend rate to 20% (23.8% if
  you include the new 3.8% Medicare tax on
  investment income)
• 2013: Tax rates (including dividends) do not sunset
  so they will not change until/unless Congress
  amends the tax law


                                                        3
©2013 CliftonLarsonAllen LLP
IC-DISC Benefits
• “Export sales” are often larger than you might think
• Includes Canada and Mexico
• Components of larger products often qualify for DISC
  benefits
• Indirect export sales often exceed Direct sales
• Examples: John Deere and Caterpillar suppliers




                                                         4
©2013 CliftonLarsonAllen LLP
IC-DISC Benefits
• Flow-through entities
   – S corporations and LLC’s
   – Convert ordinary income to qualified dividend income
• Closely-held C corporations
   – Lower taxable income (ordinary rates)
   – Deductible dividends
   – Great for C corporations that pay dividends anyway
• Ownership Flexibility
   – Wealth Transfer
   – Executive compensation alternatives

                                                            5
©2013 CliftonLarsonAllen LLP
How Savings Happen
• Determine ownership and form new entity (IC-DISC
  benefits are prospective only)
• New entity makes an election to be treated as an IC-
  DISC; not subject to tax on earnings
• Exporter sells goods
• Exporter pays and deducts the DISC commission
• IC-DISC pays dividend to shareholders
• Permanent tax savings on rate difference
• No impact on Company’s operation and transparent
  to customers
                                                         6
©2013 CliftonLarsonAllen LLP
 IC-DISC Income/Deduction Flow


                                Shareholder
Reduced income                                                     Dividends
   2012: 35%                                                      2012: 15%
  2013: 39.6%                      Benefit                        2013: 23.8%
                            Tax savings on IC-DISC
                                $ Commission $



                 S corp / LLC                    IC-DISC
                 (exporter)                (federal tax-exempt)


                                Commission paid
                            (reduces taxable income)
                                                                                7
©2013 CliftonLarsonAllen LLP
 IC-DISC Commissions
• Determine qualified export gross receipts and export
  taxable income
• Statutory commission formula: Greater of 50% of
  export taxable income or 4% of export gross receipts
• Example S corp. export sales $5,000,000 x 4% $200,000
            S corp. export profit $1,000,000 x 50% $500,000

• Result: $500,000 commission; annual tax savings of
  $79,000 (500,000 x 15.8%)


                                                              8
©2013 CliftonLarsonAllen LLP
 Optimizing IC-DISC Benefits
• IRS regulations allow the DISC commission to be
  calculated on a “Transaction by Transaction analysis
  (TxT)”
• Sophisticated software optimizes benefits by
   – Performing detailed calculations of taxable income for
     every export line item
   – Applying the most beneficial pricing method to each one
• Most beneficial method applied
• Substantial expansion of IC-DISC benefit

                                                               9
©2013 CliftonLarsonAllen LLP
  QUESTIONS
Rob Kane, CPA
Partner
CliftonLarsonAllen LLP
600 3rd Avenue SE; Suite 300;
Cedar Rapids-IA 52401
Direct 319-558-0266
Cell: 319-333-9097
Rob.Kane@cliftonlarsonallen.com




                                  10

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IC-Disc Tax Savings For Exporters | Rob Kane, CPA, CliftonLarsonAllen LLP

  • 1. ©2013 CliftonLarsonAllen LLP ©2013 CliftonLarsonAllen LLP The IC-DISC: Tax Savings for Exporters March 28, 2013 cliftonlarsonallen.com Rob Kane, CPA Partner Rob.Kane@cliftonlarsonallen.com
  • 2. ©2013 CliftonLarsonAllen LLP What is an IC-DISC? • Interest Charge Domestic International Sales Corporation • Generally available for goods and certain services produced in U.S. for ultimate consumption outside of U.S.A. • History – DISC (1972-1984) replaced with IC-DISC – FSC (1985-2000) repealed – ETI (2000-2005) repealed – IC-DISC (since 1984 – alive and well) • Initially only provided a limited deferral of tax, but today’s IC-DISC provides substantial permanent tax savings for U.S. exporters 2
  • 3. ©2013 CliftonLarsonAllen LLP What is an IC-DISC? • 2004: Congress established a lower (15%) qualified dividend rate which expanded IC-DISC opportunities • American Taxpayer Relief Act (ATRA) raised maximum qualified dividend rate to 20% (23.8% if you include the new 3.8% Medicare tax on investment income) • 2013: Tax rates (including dividends) do not sunset so they will not change until/unless Congress amends the tax law 3
  • 4. ©2013 CliftonLarsonAllen LLP IC-DISC Benefits • “Export sales” are often larger than you might think • Includes Canada and Mexico • Components of larger products often qualify for DISC benefits • Indirect export sales often exceed Direct sales • Examples: John Deere and Caterpillar suppliers 4
  • 5. ©2013 CliftonLarsonAllen LLP IC-DISC Benefits • Flow-through entities – S corporations and LLC’s – Convert ordinary income to qualified dividend income • Closely-held C corporations – Lower taxable income (ordinary rates) – Deductible dividends – Great for C corporations that pay dividends anyway • Ownership Flexibility – Wealth Transfer – Executive compensation alternatives 5
  • 6. ©2013 CliftonLarsonAllen LLP How Savings Happen • Determine ownership and form new entity (IC-DISC benefits are prospective only) • New entity makes an election to be treated as an IC- DISC; not subject to tax on earnings • Exporter sells goods • Exporter pays and deducts the DISC commission • IC-DISC pays dividend to shareholders • Permanent tax savings on rate difference • No impact on Company’s operation and transparent to customers 6
  • 7. ©2013 CliftonLarsonAllen LLP IC-DISC Income/Deduction Flow Shareholder Reduced income Dividends 2012: 35% 2012: 15% 2013: 39.6% Benefit 2013: 23.8% Tax savings on IC-DISC $ Commission $ S corp / LLC IC-DISC (exporter) (federal tax-exempt) Commission paid (reduces taxable income) 7
  • 8. ©2013 CliftonLarsonAllen LLP IC-DISC Commissions • Determine qualified export gross receipts and export taxable income • Statutory commission formula: Greater of 50% of export taxable income or 4% of export gross receipts • Example S corp. export sales $5,000,000 x 4% $200,000 S corp. export profit $1,000,000 x 50% $500,000 • Result: $500,000 commission; annual tax savings of $79,000 (500,000 x 15.8%) 8
  • 9. ©2013 CliftonLarsonAllen LLP Optimizing IC-DISC Benefits • IRS regulations allow the DISC commission to be calculated on a “Transaction by Transaction analysis (TxT)” • Sophisticated software optimizes benefits by – Performing detailed calculations of taxable income for every export line item – Applying the most beneficial pricing method to each one • Most beneficial method applied • Substantial expansion of IC-DISC benefit 9
  • 10. ©2013 CliftonLarsonAllen LLP QUESTIONS Rob Kane, CPA Partner CliftonLarsonAllen LLP 600 3rd Avenue SE; Suite 300; Cedar Rapids-IA 52401 Direct 319-558-0266 Cell: 319-333-9097 Rob.Kane@cliftonlarsonallen.com 10