Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: February 7, 2017
The Firm
201-896-4100 info@sh-law.comAn IC-Disc reflects a special tax preference enacted by Congress to strengthen export sales. If a domestic corporation qualifies and elects to be treated as an IC-Disc, it is permitted to defer up to $10,000,000 from qualified export receipts per tax year.

The IC-Disc is a tax-exempt entity, however, the shareholders are taxed on the certain income of the IC-Disc whether or not it is distributed. The character of the commission income is a dividend; if not distributed during the year, it is a constructive dividend at the end of the year. Any remaining taxable amounts are taxed when actually distributed to the shareholder or where the corporation ceases to qualify as an Interest Charge Domestic International Sale Corporation. Obviously, the IC-Disc provides an opportunity to defer income. To offset this tax advantage, the shareholders are subject to an interest charge based on the tax that would otherwise be due. The interest charge, reported on Form 8404, is the deferred tax liability multiplied by the base period T-bill rate. In this environment of low-interest rates, the interest charged would be very low.
Tax benefit of an IC-Disc The other main tax benefit of using an Interest Charge Domestic International Sale Corporation is that the difference between qualified dividend rates and ordinary income rates is the tax benefit afforded to the shareholders. This benefit can provide substantial savings. A US exporter would be able to convert a portion of the export income into dividends thereby converting the tax rate from 35% to 20%. Example – exporting company XPE forms an Interest Charge Domestic International Sale Corporation. It pays and deducts commission to the IC-Disc. The commission reduces otherwise taxable income.
The IC-Disc pays no tax on the commissions but still pay interest on the deferred income and the shareholders are not taxed until the earnings are distributed as dividends – currently 20%. Qualifications of an IC-Disc An Interest Charge Domestic International Sale Corporation must meet each of the following tests
There are transfer pricing rules which govern IC-Discs but generally, the Interest Charge Domestic International Sale Corporation can realize taxable income equal to 4% of the qualified export receipts on the sale by the IC-Disc plus 10% of the export promotion expenses, sometimes known as the “4% Method.” There are other intercompany pricing rules that could be used as well. As the IC-Disc itself is not a taxable entity, the shareholders are taxed on the earnings of the Interest Charge Domestic International Sale Corporation as dividends received on the last day of each tax year. Notably, the EU has not challenged IC-Disc’s. Moreover, coupling Interest Charge Domestic International Sale Corporations with Section 1199 can achieve additional saving. Finally, an IC-Disc may be used for wealth planning.
If your company can benefit from forming anInterest Charge Domestic International Sale Corporation or if you have any questions regarding the matter, please contact me, Frank Brunetti, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]
Author: Dan Brecher

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!