Chapter 14

THE INCREMENTAL RULES

A DISC is now required to distribute at least half of its income annually. The distribution can be an actual distribution or a deemed distribution, but in either event the income is taxed to the DISC's shareholders.1

The portion of DISC income that must be distributed has been increased by the Tax Reform Act of 1976. Now, additional amounts may be required to be distributed under the incremental rules and the military property rules. This chapter examines the fundamental aspects of the incremental rule,2 the computational format,3 the small DISC exemption,4 and related provisions for military income.5

Other aspects of the incremental rule are not discussed because they require prior clarification in the form of regulations,6 which have not yet been issued.

Thus, we do not consider such problems as the impact of the incremental rule on multiple DISCs, particularly when they have different taxable years, and problems caused by a separation of a DISC from its underlying business.7

1. See REPORT OF THE SENATE FIN. COMM. AND REPORT OF THE HOUSE COMM. ON WAYS AND MEANS CONCERNING THE TAX REFORM ACT OF 1976, PUB. L. No. 94.455; Feinschreiber, Understanding the DISC Incremental fllesJ3INT.LTAXJ.305 (1977).
2. §§ 995 (b) (1) (E),995 (e),995(f).
3. §§ 995 (e) (1 ),995 (e) (2),995 (e) (3),995(e) (4),995(e)(5). 4. §995(f).
5. §§995(b)(I)(D),995(b)(3),995(e)(4)(B).
6. §§995(e)(7),995(e)(8),995(e)(9),995(e)(10).
7. §§ 995(e) (6),995(e) (7),995(e) (8),995(e) (9),995(e)(10).


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
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incremental rules, computational format, DISC exemption, military income, disc, robert feinschreiber, margaret kent