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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
- somewhat similar to a DISC, but may be too great of an
- administrative 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
- arrangements 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,
- including 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
- requirements such as being managed outside the U.S. and
- satisfying various tests with respect to carrying on
- economic activities 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 receipts
- (versus 4% for a DISC) or 23% of the combined profit of the
- U.S. parent company and the FSC on an export sale (versus
- 50% for a DISC), whichever is greater. However, the profit
- under the gross receipts method is limited 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 distributed
- 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.
-
-
-