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All Eyes on the I.C.-D.I.S.C. Part I: the Export Gift That Keeps on Giving.

All Eyes on the I.C.-D.I.S.C. Part I: the Export Gift That Keeps on Giving.

Regardless of their political affiliations, presidential administrations and members of Congress share the goal of maintaining U.S. competitiveness on the global market. We often hear statements directed toward strengthening the U.S. manufacturing sector and bringing production activity back to the U.S. These words would be futile without implementing initiatives favoring U.S. business interests. An often-overlooked incentive is the Interest Charge Domestic International Sales Corporation (“I.C.-D.I.S.C.”) regime. For an export business operated in the form of an L.L.C. owned by individuals, an I.C.-D.I.S.C. can produce tax savings for export profits of about 40% for the owners, when operated properly. More importantly, it can be run on automatic pilot once set up. In Part I of a two-part series, Michael Bennett explains the basics of setting up and operating an I.C.-D.I.S.C. In Part II, he will discuss issues that have been raised in years past when the goal of a D.I.S.C. was to promote exports by permanently deferring the export profits rather than recognize taxable income immediately, but at lower rates.

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Summa Holdings, Inc. v. Comm'r

Many advisers believe that the interest-charge Domestic International Sales Corporation (D.I.S.C.) is the last great international tax planning idea because a portion of the export profits are taxed at low rates for shareholders that are individuals. Some believe it is even better when the benefit is channeled to a Roth I.R.A. that provides tax forgiveness rather than tax deferral. But in a recent case won by the I.R.S., we see how too much of a good thing may be bad.

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