- 12 - certain restrictions, select the most favorable of the administrative pricing methods of section 925(a) in order to reallocate income generated by export sales from the parent corporation to the FSC. The FSC provisions permanently exempt a portion of FSC profits (approximately 65 percent) from tax. Sec. 923(a). The FSC recognizes the nonexempt portion of its taxable income as income effectively connected with the conduct of a U.S. trade or business. Sec. 921(d). Section 925(a) provides in pertinent part: SEC. 925 (a). In General.--In the case of a sale of export property to a FSC by a person described in section 482, the taxable income of such FSC and such person shall be based upon a transfer price which would allow such FSC to derive taxable income attributable to such sale (regardless of the sales price actually charged) in an amount which does not exceed the greatest of-- (1) 1.83 percent of the foreign trading gross receipts derived from the sale of such property by such FSC, (2) 23 percent of the combined taxable income of such FSC and such person which is attributable to the foreign trading gross receipts derived from the sale of such property by such FSC, or (3) taxable income based upon the sale price actually charged (but subject to the rules provided in section 482). Although section 925(a) applies literally only to buy/sell FSC's, Congress authorized the Secretary to prescribe regulations setting forth consistent rules with respect to commission FSC's. Sec. 925(b); General Dynamics Corp. & Subs. v. Commissioner,Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011