Part III

DISC Pricing

Chapter 10

PRICING AND PROFITS

DISC benefits depend, to a large extent, on the profits a DISC can earn. Safe-haven rules enable a DISC to earn income from transactions with related parties even when the DISC has no sub- stance (other than the $2,500 in capital) and performs no activities! A DISC that engages in transactions with its affiliates typically has little if any real substance. In fact, most DISCs are paper companies and cannot earn any income without these safe-haven rules. These safe-haven rules supersede the general provisions that otherwise permit the IRS to allocate all or virtually all of the profits away from the DISC to the DISC's affiliate.2

Safe-Haven Rules
The safe-haven rules for determining DISC profit are also called intercompany pricing rules.3 These rules are generally structured in terms of sales transactions,4 but their scope is broader and encom-


1. Reg. §§ 1.994-1 (a) ( 1 ),1.994-1 (a) (2).
2. § 482.
3. §994;Reg.§1.994-1(a).(1).
4. Reg.§§ 1.994-1(b)(1),1.994-1(c).


For a copy of the entire article please contact:
ExportDISC Management Company
pursuant to Section 993(a)(1)(H) and Section 993(b)(2)
Robert Feinschreiber & Margaret Kent

1121 Crandon Blvd. F301
Key Biscayne, FL 33149
Primary Phone: 305.361.5800
or 305.505.9200
Fax: 305.365.2276
multijur@aol.com
www.ExportDISC.com
www.TransferPricingConsortium.com
www.TaxMalpractice.com
www.ProductionIncentive.com
disc, profits, pricing, export, robert feinschreiber, margaret kent