Businesses who export products should consider the use of an interest charge domestic international sales corporation (IC-DISC) to reduce their tax burden.
An IC-DISC is a separate entity that earns a commission on the operating company’s export sales based on the greater of either 50 percent of net income on sales of qualified export property or four percent of gross receipts from sales of qualified export property. A properly executed IC-DISC isn’t taxable at the entity level. The operating company receives a deduction for the commission paid at ordinary tax rates, and the IC-DISC pays no tax.
The IC-DISC distributes all its profits as qualified dividends, and the owners pay tax on the dividends at more favorable capital gains tax rates. Depending on the owners’ personal income levels, federal capital gains tax rates could be as low as zero or 15 percent — or as high as 23.8 percent (the highest federal capital gains rate of 20 percent plus an additional 3.8 percent of net investment income tax).
To illustrate, let’s assume Widgets, Inc. (a fictional S corporation) ships $2 million of product internationally and pays $80,000 in commissions to its IC-DISC. Assuming the owners qualify for the highest capital gains tax rate of 23.8 percent, they’ll owe federal tax of $19,040 on qualified distributions from the IC-DISC. However, the owners also owe less tax on their S corporation earnings. Widgets, Inc can deduct $80,000 in commissions paid to the IC-DISC, resulting in a tax savings of $31,680, assuming the owners are in the highest federal tax bracket of 39.6 percent.
The net savings is $12,640 ($31,680 – $19,040), or 15.8 percent of the commission charge. However, it is often possible to pay a higher commission using the 50 percent of net export income calculation.
If your business has large amounts of foreign sales, this strategy might be one worth considering. Talk to your Aldrich advisor to determine whether the potential benefit outweighs the setup costs incurred.