Professional Documents
Culture Documents
Instructions for
Form 1120-IC-DISC
Interest Charge Domestic International
Sales Corporation Return
Section references are to the Internal Revenue Code unless otherwise noted.
Paperwork Reduction Act Notice. We ask for the information on this form to carry out the defined in section 927(d)(4), as in effect before
Internal Revenue laws of the United States. You are required to give us the information. We need its repeal) of which the IC-DISC is a member.
it to ensure that you are complying with these laws and to allow us to figure and collect the right ● The IC-DISC may need to mail its return to
amount of tax. a different service center this year because the
You are not required to provide the information requested on a form that is subject to the IRS has changed the filing location for several
Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records areas. See Where To File on page 3.
relating to a form or its instructions must be retained as long as their contents may become ● Generally, if the IC-DISC's average annual
material in the administration of any Internal Revenue law. Generally, tax returns and return gross receipts for the 3 prior tax years are $1
information are confidential, as required by section 6103. million or less, it may be eligible to adopt or
The time needed to complete and file the following forms will vary depending on individual change to the cash method of accounting. If
circumstances. The estimated average times are: the IC-DISC makes this change, it will not be
Copying, required to account for inventories. Instead, the
Learning about Preparing assembling, and IC-DISC may treat inventory in the same
the law or the the sending the form manner as costs of materials and supplies that
Form Recordkeeping form form to the IRS are not incidental. For details, see the
instructions for Cost of Goods Sold on page
1120-IC-DISC 94 hr., 56 min. 19 hr., 54 min. 30 hr., 43 min. 2 hr., 25 min. 7.
Schedule K 4 hr., 4 min. 18 min. 22 min. —————— ● Corporations that file Form 1120-IC-DISC
Schedule P 12 hr., 40 min. 1 hr., 29 min. 1 hr., 46 min. —————— and, at any time during the tax year, had assets
in or operated a business in a foreign country
If you have comments concerning the accuracy of these time estimates or suggestions for may have to attach new Schedule N (Form
making these forms simpler, we would be happy to hear from you. You can write to the Tax Forms 1120), Foreign Operations of U.S.
Committee, Western Area Distribution Center, Rancho Cordova, CA 95743-0001. Do not send Corporations, to their tax returns. See
these tax forms to this office. Instead, see Where To File on page 3. Schedule N (Form 1120) for details.
Photographs of Missing
Contents Page Contents Page
Children
Changes To Note . . . . . . . . . . . 1 Schedule J—Deemed and Actual
Distributions and Deferred DISC Income 12 The Internal Revenue Service is a proud
Photographs of Missing Children . . . . 1 partner with the National Center for Missing
Schedule K—Shareholder's Statement of and Exploited Children. Photographs of
Unresolved Tax Issues . . . . . . . . 1
IC-DISC Distributions . . . . . . . . 13 missing children selected by the Center may
How To Make a Contribution To Reduce the
Schedule L—Balance Sheets per Books 13 appear in instructions on pages that would
Public Debt . . . . . . . . . . . . . 2
Schedule N—Export Gross Receipts of the otherwise be blank. You can help bring these
How To Get Forms and Publications . . 2 children home by looking at the photographs
IC-DISC and Related U.S. Persons . . 13
General Instructions . . . . . . . . . 2 and calling 1-800-THE-LOST (1-800-843-5678)
Schedule O—Other Information . . . . 14
if you recognize a child.
Purpose of Form . . . . . . . . . . . 2
Schedule P (Form 1120-IC-DISC)—
Who Must File . . . . . . . . . . . . 2 Intercompany Transfer Price or Unresolved Tax Issues
When To File . . . . . . . . . . . . . 2 Commission . . . . . . . . . . . . 14
If the corporation has attempted to deal with
Who Must Sign . . . . . . . . . . . . 3 Codes for Principal Business Activity . . 15
an IRS problem unsuccessfully, it should
Where To File . . . . . . . . . . . . 3 Product Code System for Schedule N . . 16 contact the Taxpayer Advocate. The Taxpayer
Other Forms, Returns, and Statements That Advocate independently represents the
May Be Required . . . . . . . . . . 3 corporation's interests and concerns within the
Accounting Methods . . . . . . . . . . 4
Changes To Note IRS by protecting its rights and resolving
problems that have not been fixed through
Accounting Periods . . . . . . . . . . 5 ● The FSC Repeal and Extraterritorial Income normal channels.
Rounding Off to Whole Dollars . . . . . 5 Exclusion Act of 2000 allows a new While Taxpayer Advocates cannot change
extraterritorial income exclusion for the tax law or make a technical tax decision,
Definitions . . . . . . . . . . . . . . 5 transactions after September 30, 2000. The they can clear up problems that resulted from
Penalties . . . . . . . . . . . . . . . 6 exclusion is based on a corporation's qualifying previous contacts and ensure that the
foreign trade income. For more details and to corporation's case is given a complete and
Specific Instructions . . . . . . . . . 6
figure the amount of the exclusion, see new impartial review.
Taxable Income . . . . . . . . . . . . 6 Form 8873, Extraterritorial Income Exclusion.
The corporation's assigned personal
Schedule A—Cost of Goods Sold . . . 7 ● Special rule for IC-DISCs. The extraterritorial
advocate will listen to its point of view and will
Schedule B—Gross Income . . . . . . 8 income exclusion may not be claimed by any work with the corporation to address its
taxpayer for any taxable year if, at any time concerns. The corporation can expect the
Schedule C—Dividends and Special during the tax year, the taxpayer is a member
Deductions . . . . . . . . . . . . . 8 advocate to provide:
of a controlled group of corporations (as ● A “fresh look” at a new or on-going problem.
Schedule E—Deductions . . . . . . . 10
● Updates on progress. (no handling fee), or call 1-877-CDFORMS receipts test, the distribution equals the part of
● Timeframes for action. (1-877-233-6767) toll free to buy the CD-ROM its taxable income attributable to gross receipts
for $21 (plus a $5 handling fee). that are not qualified export gross receipts.
● Speedy resolution.
● If it did not meet the qualified export asset
● Courteous service.
By phone and in person. You can order
forms and publications 24 hours a day, 7 days test, the distribution equals the fair market
When contacting the Taxpayer Advocate, a week, by calling 1-800-TAX-FORM value of the assets that are not qualified export
the corporation should provide the following (1-800-829-3676). You can also get most forms assets on the last day of the tax year.
information: and publications at your local IRS office. ● If the IC-DISC did not meet either test, the
● The corporation's name, address, and
distribution equals the sum of both amounts.
employer identification number.
● The name and telephone number of an
General Instructions Regulations section 1.992-3 explains how to
figure the distribution.
authorized contact person and the hours he or Interest on late distribution. If the IC-DISC
she can be reached. Purpose of Form makes a distribution after Form 1120-IC-DISC
● The type of tax return and year(s) involved. Form 1120-IC-DISC is an information return is due, interest must be paid to the United
● A detailed description of the problem. filed by interest charge domestic international States Treasury. The interest charge is 41/2%
● Previous attempts to solve the problem and sales corporations (IC-DISCs), former DISCs, of the distribution times the number of tax years
the office that had been contacted. and former IC-DISCs. that begin after the tax year to which the
● A description of the hardship the corporation
distribution relates until the date the IC-DISC
What Is an IC-DISC? made the distribution.
is facing (if applicable).
The corporation may contact a Taxpayer An IC-DISC is a domestic corporation that has If the IC-DISC must pay this interest, send
Advocate by calling toll-free number, elected to be an IC-DISC and its election is still the payment to the Internal Revenue Service
1-877-777-4778. Persons who have access to in effect. The IC-DISC election is made by filing Center where you filed Form 1120-IC-DISC
TTY/TDD equipment may call 1-800-829-4059 Form 4876-A, Election To Be Treated as an within 30 days of making the distribution. On
and ask for the Taxpayer Advocate assistance. Interest Charge DISC. the payment, write the IC-DISC's name,
If the corporation prefers, it may call, write, or Generally, an IC-DISC is not taxed on its address, and employer identification number;
fax the Taxpayer Advocate office in its area. income. Shareholders of an IC-DISC are taxed the tax year; and a statement that the payment
See Pub. 1546, The Taxpayer Advocate on its income when the income is actually (or represents the interest charge under
Service of the IRS, for a list of addresses and deemed) distributed. In addition, section 995(f) Regulations section 1.992-3(c)(4).
fax numbers. imposes an interest charge on shareholders for
their share of DISC-related deferred tax liability. Who Must File
See Form 8404, Interest Charge on
How To Make a Contribution To DISC-Related Deferred Tax Liability, for The corporation must file Form 1120-IC-DISC
Reduce the Public Debt details. if it elected, by filing Form 4876-A, to be treated
as an IC-DISC and its election is in effect for
To help reduce the public debt, send a check To be an IC-DISC, a corporation must be the tax year.
made payable to the “Bureau of the Public organized under the laws of a state or the
District of Columbia and meet the following If the corporation is a former DISC or former
Debt” to Bureau of the Public Debt, Department IC-DISC, it must file Form 1120-IC-DISC in
G, P.O. Box 2188, Parkersburg, WV tests:
addition to any other return required.
26106-2188. Or, enclose a check with Form ● At least 95% of its gross receipts during the
1120-IC-DISC. Contributions to reduce the tax year are qualified export receipts. A former DISC is a corporation that was a
public debt are deductible subject to the rules DISC on or before December 31, 1984, but
● At the end of the tax year, the adjusted basis
and limitations for charitable contributions. failed to qualify as a DISC after December 31,
of its qualified export assets is at least 95% of 1984, or did not elect to be an IC-DISC after
the sum of the adjusted basis of all its assets. 1984; and at the beginning of the year, it had
How To Get Forms and ● It has only one class of stock, and its
undistributed income that was previously taxed
Publications outstanding stock has a par or stated value of or it had accumulated DISC income.
at least $2,500 on each day of the tax year (or A former IC-DISC is a corporation that was
for a new corporation on the last day to elect an IC-DISC in an earlier year but did not qualify
Personal computer. You can access the IRS IC-DISC status for the year and on each later
Web Site 24 hours a day, 7 days a week at as an IC-DISC at the end of its 1999 tax year;
day). and at the beginning of the year, it had
www.irs.gov to: ● It maintains separate books and records for
● Download forms, instructions, and
undistributed income that was previously taxed
the tax year. or accumulated IC-DISC income. See section
publications. ● It is not a member of any controlled group 992 and related regulations.
● See answers to frequently asked tax
of which a foreign sales corporation (FSC) is a A former DISC or former IC-DISC need not
questions. member. complete lines 1 through 8 on page 1 and the
● Search publications on-line by topic or
● Its tax year must conform to the tax year of Schedules for figuring taxable income, but must
keyword. the principal shareholder who at the beginning complete Schedules J, L, and M of Form
● Send us comments or request help by e-mail. of the tax year has the highest percentage of 1120-IC-DISC and Schedule K (Form
● Sign up to receive local and national tax voting power. If two or more shareholders have 1120-IC-DISC). Write “Former DISC” or
news by e-mail. the highest percentage of voting power, the “Former IC-DISC” across the top of the return.
You can also reach us using file transfer IC-DISC must elect a tax year that conforms to
protocol at ftp.irs.gov. that of any one of the principal shareholders. When To File
CD-ROM. Order Pub. 1796, Federal Tax See section 441(h) and its regulations for more
Products on CD-ROM, and get: information. File Form 1120-IC-DISC by the 15th day of the
● Its election to be treated as an IC-DISC is in 9th month after the tax year ends. No
● Current year forms, instructions, and
effect for the tax year. extensions are allowed. If the due date falls on
publications. a Saturday, Sunday, or a legal holiday, file on
● Prior year forms, instructions, and See Definitions on page 5 and section 992 the next business day.
publications. and related regulations for details.
Private delivery services. You can use
● Popular tax forms that may be filled in Distribution to meet qualification certain private delivery services designated by
electronically, printed out for submission, and requirements. the IRS to meet the “timely mailing as timely
saved for recordkeeping. ● An IC-DISC that does not meet the gross
filing/paying” rule for tax returns and payments.
● The Internal Revenue Bulletin. receipts test or qualified export asset test The most recent list of designated private
during the tax year will still be considered to delivery services was published by the IRS in
have met them if, after the tax year ends, the August 1999. This list includes only the
IC-DISC makes a pro rata property distribution following:
to its shareholders and specifies at the time
The return must be signed and dated by: Dakota, Texas, Utah, barter exchange transactions.
Washington, Wyoming ● Form 1099-C. Cancellation of a debt.
● The president, vice president, treasurer,
assistant treasurer, chief accounting officer, or California (all other counties) Fresno, CA 93888 ● Form 1099-DIV. Certain dividends and
sign and date any return filed on behalf of a If the IC-DISC is one of a group of IC-DISCs under a long-term care insurance contract and
corporation. controlled by a common parent, file with the certain accelerated death benefits.
If a corporate officer completed Form service center where the common parent files. ● Form 1099-MISC. Miscellaneous income
1120-IC-DISC, the Paid Preparer's space A group of corporations located in several (e.g., payments to certain fishing boat crew
should remain blank. Anyone who prepares service center regions will often keep all the members; payments to providers of health and
Form 1120-IC-DISC but does not charge the books and records at the principal office of the medical services; rent or royalty payments;
corporation should not sign the return. managing corporation. In this case, the income nonemployee compensation, etc.).
Generally, anyone who is paid to prepare Form tax returns of the corporations may be filed with Note: Every IC-DISC must file Form
1120-IC-DISC must sign it and fill in the Paid the service center for the region in which the 1099-MISC if it makes payments or rents,
Preparer's Use Only area. principal office is located. commissions, or other fixed or determinable
The paid preparer must complete the income (see section 6041) totaling $600 or
required preparer information and— Other Forms, Returns, and more to any one person in the course of its
● Sign the return, by hand, in the space Statements That May Be trade or business during the calendar year.
provided for the preparer's signature (signature ● Form 1099-MSA. Distributions from a
Where To File The IC-DISC may have to file some of the ● Form 1099-R. Distributions from pensions,
following forms. See the form for more annuities, retirement or profit-sharing plans,
File your return at the applicable IRS address information. individual retirement arrangements (IRAs)
listed below. (including SEPs, SIMPLEs, Roth IRAs, Ed
Employment Tax Returns
If the corporation's
Use the following
IRAs, Roth conversions, and IRA
principal business, Form 940 or Form 940-EZ, Employer's Annual recharacterizations), or insurance contracts.
Internal Revenue
office, or agency is
Service Center address Federal Unemployment (FUTA) Tax Return. ● Form 1099-S. Gross proceeds from the sale
located in The corporation may be liable for FUTA tax and or exchange of real estate transactions.
may have to file Form 940 or 940-EZ if either Also use these returns to report amounts
of the following applies: received as a nominee for another person.
Florida, Georgia Atlanta, GA 39901
1. It paid wages of $1,500 or more in any Form 5498, IRA Contribution Information. Use
Kansas, New Mexico, calendar quarter in 1999 or 2000 or this form to report contributions (including
Austin, TX 73301
Oklahoma 2. It had at least one employee who worked rollover contributions) to any IRA, including a
for the corporation for some part of a day in any SEP,SIMPLE, Roth IRA and Ed IRA, Roth
Delaware, District of
Columbia, Indiana, Kentucky, 20 or more different weeks in 1999 or 20 more Conversions, IRA recharacterizations, and the
Maryland, Michigan, New different weeks in 2000. fair market value of the account.
Jersey, North Carolina, Ohio, Cincinnati, OH 45999 Form 941, Employer's Quarterly Federal Tax Form 5498-MSA, MSA or Medicare+Choice
Pennsylvania, South Return or Form 943, Employer's Annual Tax MSA Information. Use to form to report
Carolina, West Virginia, Return for Agricultural Employees. Employers
Wisconsin
contributions to a medical savings account
must file these forms to report income tax (MSA) and the fair market value of an MSA or
New York (New York City withheld, and employer and employee social Medicare+Choice MSA.
and counties of Nassau, security and Medicare taxes. Also, see Trust For more information, see the Instructions
Holtsville, NY 00501
Rockland, Suffolk, and fund recovery penalty on page 6. for Forms 1099, 1098, 5498 and W-2G.
Westchester) Form 945, Annual Return of Withheld Federal Form 8300, Report of Cash Payments Over
New York (all other Income Tax. File Form 945 to report income tax $10,000 Received in a Trade or Business. Use
counties), Connecticut, withholding from nonpayroll distributions or this form to report the receipt of more than
Maine, Massachusetts, New Andover, MA 05501 payments such as the following income: $10,000 in cash or foreign currency in one
Hampshire, Rhode Island, ● Pensions, annuities, IRAs, military
Vermont
transaction or in a series of related
retirement, gambling winnings and transactions.
Illinois Kansas City, MO 64999 ● Indian gaming profits and backup
withholding. International Forms
Alabama, Tennessee Memphis, TN 37501 See Trust fund recovery penalty on page 6. Form 926, Return by a U.S. Transferor of
Property to a Foreign Corporation. Use Form
Information Returns 926 to report information required under
Form W-2, Wage and Tax Statement, and section 6038B.
Form W-3, Transmittal of Wage and Tax Form 1042, Annual Withholding Tax Return for
Statements. Use these forms to report withheld U.S. Source Income of Foreign Persons, and
income, wages, tips, other compensation,
owned more than a 50% direct or indirect this form to report the purchase or sale of a ● Accrual, or
interest in the partnership). group of assets that constitute a trade or ● Any other method authorized by the Internal
2. Owned at least a 10% direct or indirect business if goodwill or going concern value Revenue Code.
interest in a foreign partnership while U.S. attach to the assets.
In all cases, the method used must clearly
persons controlled that partnership. Form 8697, Interest Computation Under the
reflect taxable income. If inventories are
3. Had an acquisition, disposition, or Look-Back Method for Completed Long-Term
required, the accrual method must be used for
change in proportional interest in a foreign Contracts. This form is used to figure the
sales and purchases of merchandise. See
partnership that: interest due or to be refunded under the
Cost of Goods Sold on page 7.
● Increased its direct interest to at least 10%
look-back method of section 460(b)(2). The
look-back method applies to certain long-term Generally, an IC-DISC (other than a
or reduced its direct interest of at least 10% to contracts accounted for under the percentage qualified personal service corporation) must
less than 10%. of completion or the percentage of use the accrual method of accounting if its
● Changed its direct interest by at least a 10%
completion-capitalized cost method method. average annual gross receipts exceed $5
interest. million. See section 448(c). For exceptions, see
Form 8849, Claim for Refund of Excise Taxes.
4. Contributed property to a foreign section 447.
Corporations use this form to claim a refund of
partnership in exchange for a partnership certain excise taxes. Under the accrual method, an amount is
interest if: includible in income when:
Form 8866, Interest Computation Under the
● Immediately after the contribution, the ● All the events have occurred that fix the right
Look-Back Method for Property Depreciated
corporation owned, directly or indirectly, at Under the Income Forecast Method. Figure the to receive the income, which is the earliest of
least a 10% interest in the foreign partnership interest due or to be refunded under the the date: (a) the required performance takes
or look-back method of section 167(g)(2) for place, (b) payment is due, or (c) payment is
● The fair market value of the property the property placed in service after September 13, received and
corporation contributed to the foreign 1995, that is depreciated under the income ● The amount can be determined with
personal property produced by a corporation (golden parachute) with these key employees excluded from the employee's income.
for use in its trade or business or in an activity to pay them these excessive amounts if control The deduction limit does not apply to:
engaged in for profit. of the corporation changes. See section 280G. ● Commissions based on individual
Tangible personal property produced by a Business startup expenses. These must be performance;
corporation includes a film, sound recording, capitalized unless an election is made to ● Qualified performance-based compensation;
video tape, book, or similar property. amortize them over a period of 60 months. See and
IC-DISCs subject to the section 263A section 195 and Regulations section 1.195-1. ● Income payable under a written, binding
uniform capitalization rules are required to contract in effect on February 17, 1993.
capitalize: Line 1—Export Promotion Expenses The $1 million limit is reduced by amounts
1. Direct costs and disallowed as excess golden parachute
Enter export promotion expenses on lines 1a
2. An allocable part of most indirect costs through 1m. Export promotion expenses are payments under section 280G.
(including taxes) that (a) benefit the assets an IC-DISC's ordinary and necessary expenses For details, see section 162(m) and
produced or acquired for resale or (b) are paid or incurred to obtain qualified export Regulations section 1.162-27.
incurred by reason of the performance of receipts. Do not include income taxes. Enter
production or resale activities. Line 1j—Repairs and Maintenance
on lines 2a through 2g any part of an expense
For inventory, some of the indirect costs not incurred to obtain qualified export receipts. Enter the cost of incidental repairs and
that must be capitalized are: maintenance not claimed elsewhere on the
● Administration expenses.
Line 1c—Depreciation return, such as labor and supplies, that do not
● Taxes. Attach Form 4562, Depreciation and add to the property's value or appreciably
● Depreciation. Amortization, if you claim a deduction for prolong its life. New buildings, machinery, or
depreciation or amortization, make the section permanent improvements that increase the
● Insurance.
179 election to expense certain tangible value of the property are not deductible. They
● Compensation paid to officers attributable to must be depreciated or amortized.
property, or provide information on the
services. business use of an automobile or other listed
● Rework labor.
Line 1k—Pension, Profit-sharing, etc., Plans
property. Enter on line 1c the depreciation and
● Contributions to pension, stock bonus, and section 179 expense not claimed on Schedule Enter the deduction for contributions to
certain profit-sharing, annuity, or deferred A or elsewhere on the return. qualified pension, profit-sharing, or other
compensation plans. Enter any amortization expense on line 1m. funded deferred compensation plans.
Regulations section 1.263A-1(e)(3) specifies See Form 4562 and its instructions for details. Employers who maintain such a plan generally
other indirect costs that relate to production or must file one of the forms listed below, even if
Line 1h—Freight the plan is not a qualified plan under the
resale activities that must be capitalized and
those that may be currently deducted. Enter 50% of the freight expenses (except Internal Revenue Code. The filing requirement
insurance) for shipping export property aboard applies even if the corporation does not claim
Interest expense paid or incurred during the a deduction for the current tax year. There are
production period of designated property must U.S. flagships and U.S.-owned and
U.S.-operated aircraft, unless you are required penalties for failure to file these forms on time
be capitalized and is governed by special rules. and for overstating the pension plan deduction.
For more details, see Regulations sections to use U.S. ships or aircraft by law or
regulations. See sections 6652(e) and 6662(f).
1.263A-8 through 1.263A-15.
Form 5500, Annual Return/Report of
The costs required to be capitalized under Line 1i—Compensation of Officers Employee Benefit Plan. File this form for a plan
section 263A are not deductible until the that is not a one-participant plan (see below).
property (to which the costs relate) is sold, Attach a schedule showing the name, social
security number, and amount of compensation Form 5500-EZ, Annual Return of
used, or otherwise disposed of by the
paid to all officers. Do not include One-Participant (Owners and their Spouses)
corporation.
compensation deductible elsewhere on the Retirement Plan. File this form for a plan that
Exceptions. Section 263A does not apply to: only covers the owner (or the owner and his
return, such as amounts included in cost of
● Personal property acquired for resale if the or her spouse) but only if the owner (or the
goods sold, elective contributions to a section
taxpayer's average annual gross receipts for 401(k) cash or deferred arrangement, or
the 3 prior tax years are $10 million or less.
termination or disqualification of the IC-DISC disposition outside the United States, property
(but in no case over more than twice the (such as inventory) produced in the United
number of years the corporation was a DISC Schedule L States.
or IC-DISC). ● Renting this property to unrelated persons for
Balance Sheets per Books use outside the United States.
Part IV—Actual Distributions —————————————————–— ● Providing services involved in such a sale
The balance sheet should agree with the or rental.
Line 1—Distributions to Meet Section
IC-DISC's books and records. Include ● Providing export management services.
992(c)(2)(B)
certificates of deposits as cash on line 1. For commission sales, export gross receipts
If the corporation is required to pay interest
Line 12—Accumulated Pre-1985 DISC include the total receipts on which the IC-DISC
under section 992(c)(2)(B) on the amount of a
Income earned the commission.
distribution to meet the qualification
requirements of section 992(c), report this For purposes of line 2, Schedule N only, no
If the corporation was a qualified DISC as of
interest on line 2c, Schedule E. Also include reduction is to be made for receipts attributable
December 31, 1984, the accumulated pre-1985
the amount on line 1, Part IV of Schedule J and to military property. Therefore, an IC-DISC's
DISC income will generally be treated as
show the computation of the interest on an export gross receipts for purposes of line 2 is
previously taxed income (exempt from tax)
attached schedule. the total of the amounts from page 2, Schedule
when distributed to DISC shareholders after
B, columns (b) and (d) of lines 1c, 2a, 2b, 2c,
December 31, 1984.
Line 4a—Previously Taxed Income and 2d.
Exception: The exemption does not apply to
Report on line 4a all actual distributions of Related persons are—
distributions of accumulated pre-1985 DISC
previously taxed income. Also, include any ● An individual, partnership, estate, or trust that
income of an IC-DISC or former DISC that was
distributions of pre-1985 accumulated DISC made taxable under section 995(b)(2) because controls the IC-DISC.
income that are nontaxable. In the space to the of a prior revocation of the DISC election or ● A corporation that controls the IC-DISC or is
left of the line 4a amount, enter the dollar disqualification of the DISC. For more details controlled by it.
amount of the distribution and identify it as on these distributions, see Temporary ● A corporation controlled by the same person
nontaxable pre-1985 DISC income. Do not Regulations section 1.921-1T(a)(7). or persons who control the IC-DISC.
include distributions of pre-1985 DISC income
Line 13—Accumulated IC-DISC Income Control means direct or indirect ownership of
that are made under section 995(b)(2) because
more than 50% of the total voting power of all
of prior year revocations or disqualifications. Accumulated IC-DISC income (for periods after classes of stock entitled to vote. See section
Part V—Deferred DISC Income Under 1984) is accounted for on line 13 of Schedule 993(a)(3).
L. The balance of this account is used in U.S. person is—
Section 995(f)(3) figuring deferred DISC income in Part V of ● A citizen or resident of the United States,
In general, deferred DISC income is: Schedule J.
which includes the Commonwealth of Puerto
1. Accumulated IC-DISC income (for Rico and possessions of the United States.
periods after 1984) of the IC-DISC as of the ● A domestic corporation or partnership.
close of the computation year over Schedule N ● An estate or trust (other than a foreign estate
2. The amount of Export Gross Receipts of the or trust as defined in section 7701(a)(31)).
distributions-in-excess-of-income for the tax
year of the IC-DISC following the computation IC-DISC and Related U.S. Export Gross Receipts for 2000
year. Persons Column (a). All IC-DISCs should complete
For purposes of item 2 above, column (a) in line 2. If two or more IC-DISCs
distributions-in-excess-of-income means the Line 1 are related persons, only the IC-DISC with the
excess (if any) of: largest export gross receipts should complete
● Actual distributions to shareholders out of Product Code and Percentage
columns (b) and (c). If an IC-DISC acts as a
accumulated IC-DISC income over Enter in line 1a the code number and commission agent for a related person,
● The amount of IC-DISC income (as defined percentage of total export gross receipts attribute the total amount of the transaction to
in section 996(f)(1)) for the tax year following (defined below), for the product or service that the IC-DISC.
the computation year. accounts for the largest portion of the Complete column (a) to report the IC-DISC's
For purposes of items 1 and 2 above, see IC-DISC's export gross receipts. The product export gross receipts from all sources
section 995(f) and Proposed Regulations codes are on page 16 of these instructions. On (including the United States) for the 2000 tax
section 1.995(f)-1 for a definition of line 1b enter the same information for the year.
computation year, examples, and other details IC-DISC's next largest product or service. Column (b)—Export gross receipts of
on figuring deferred DISC income. Example: An IC-DISC has export gross related IC-DISCs. Complete column (b) to
The amount on line 3, Part V, is allocated to receipts of $10 million; selling agricultural report related IC-DISCs' export gross receipts
each shareholder on line 10, Part III, of chemicals accounts for $4.5 million (45%) of from all sources (including the United States).
Schedule K (Form 1120-IC-DISC). that amount, which is the IC-DISC's largest Column (c)—Export gross receipts of all
product or service. The IC-DISC should enter other related U.S. persons. Complete column
Shareholders of an IC-DISC must file Form
“287” (the product code for agricultural (c) to report other related U.S. persons' export
8404, Interest Charge on DISC-Related
chemicals) and “45%” in line 1a. gross receipts from all sources except the
Deferred Tax Liability, if the IC-DISC reports
United States.