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- @053 CHAP 8
-
- ┌──────────────────────────────────────────────┐
- │ FOREIGN SALES CORPORATIONS (FSC'S) │
- └──────────────────────────────────────────────┘
-
- The Foreign Sales Corporation (FSC) entity that has been
- permitted as a result of the Tax Reform Act of 1984 is some-
- what similar to a DISC, but may be too great of an adminis-
- trative burden for it to be worthwhile for a small business
- to set up. Unlike a DISC, an FSC cannot be a mere dummy or
- paper corporation set up in the U.S. Instead, it must meet
- all of the following requirements:
-
- . It must be a foreign corporation, incorporated
- in a foreign country that, in general, has ar-
- rangements to swap tax information with the IRS,
- or in a U.S. possession;
-
- . There can be no more than 25 shareholders in
- an FSC;
-
- . An FSC cannot issue preferred stock;
-
- . It must maintain a foreign office, at which
- there is a permanent set of tax records, in-
- cluding invoices of sales;
-
- . The FSC's board of directors must include at
- least one person who is not a resident of the
- United States (although the non-resident can be
- a U.S. citizen); and
-
- . An FSC cannot be part of a controlled group of
- corporations that also includes a DISC. That
- is, you can set up either an FSC or a DISC, but
- you can't have both.
-
- Large FSCs are also subject to additional stringent require-
- ments such as being managed outside the U.S. and satisfying
- various tests with respect to carrying on economic activi-
- ties outside the United States. Fortunately, these foreign
- management and "foreign economic process" requirements do
- not apply to small FSCs, which are FSCs with $5 million or
- less in foreign trade gross receipts per year.
-
- The amount of export income that can be shifted to an FSC
- is usually limited to 1.83% of gross foreign trading re-
- ceipts (versus 4% for a DISC) or 23% of the combined pro-
- fit of the U.S. parent company and the FSC on an export
- sale (versus 50% for a DISC), whichever is greater. How-
- ever, the profit under the gross receipts method is limi-
- ted to twice the amount of the combined profit on the sale.
-
- Once the FSC's tentative taxable income for the year has
- been determined under the above rule, 15/23 of such income
- is treated as exempt, and is not taxable even if distrib-
- uted to the parent U.S. corporation. Tax must be paid by
- the FSC on the remaining 8/23 of its income. Thus, to the
- extent export profits can be shifted to an FSC, the tax
- rate on on such income will only be about 1/3 (8/23) of
- the normal effective corporate tax rate, a major saving.
-
-
-