Quick Update: IC-DISC Dividends and Schedule K-2/K-3
Taxpayers utilizing an IC-DIS should note the continuing importance of Schedules K-2 and K-3 in reporting international income. Since 2022, S corporations and partnerships receiving IC-DISC dividends must include this information to comply with the requirements of Schedule K-2/K-3.
Although IC-DISCs are domestic entities (Treas. Reg. § 1.992-1(a)(1)), dividends paid by an IC-DISC are classified as foreign-source income under Treas. Reg. § 1.904-4(b)(3) and Rev. Rul. 73-68. These dividends fall under the ‘specified passive category’ for foreign tax credit purposes.
If your IC-DISC is owned by an S corporation or partnership, be sure to reflect the foreign-source nature of the dividends on Schedules K-2 and K-3 to avoid potential issues with the IRS.