FX Excursions

FX Excursions offers the chance for once-in-a-lifetime experiences in destinations around the world.

Foreign-Derived Intangible Income Tax Benefits

by Kevin Ryan, CPA/Partner, Citrin Cooperman

Mar 9, 2020

PHOTO: © CYBRAIN – DREAMSTIME.COM

March 2020

IF YOUR U.S.-BASED BUSINESS SELLS PRODUCTS to the foreign marketplace or provides services to foreign customers, you may be entitled to significant tax benefits.

One new tax opportunity ushered in by the Tax Cuts and Jobs Act is the foreign-derived intangible income deduction, referred to as FDII. This new tax deduction (37.5 percent), effective for tax years beginning after Dec. 31, 2017, can reduce the U.S. corporate tax rate to a rate of 13.125 percent for certain qualified businesses. FDII aims to provide an incentive to domestic corporations to provide goods and services to foreign markets. However, consistent with many other elements of preferential tax relief under the new law, it only applies to domestic C corporations.

Don’t let the word “intangible” cause confusion. The deduction applies to all non-excluded foreign-derived gross income in excess of a routine return. Excluded foreign income includes Subpart F income, global intangible low-taxed income, financial services income and foreign branch income. The routine return equals 10 percent of the adjusted tax basis of a C corporation’s depreciable tangible assets used in its trade or business.

FDII is equal to the foreign source portion of its intangible income. It includes sales or other dispositions of property to a foreign person for foreign use, a license of intellectual property to a foreign person for foreign use, and services provided to a person located outside of the United States.

Corporations must maintain documentation to support the sale or service destination for foreign use. Property sold or services provided to a related party are not considered unless the related party then sells the product or provides the service to an unrelated foreign third party.

Calculating the FDII deduction involves a complex analysis, first determining qualified business asset investment, deduction-eligible income and foreign-derived deduction-eligible income before calculating deemed intangible income and FDII, then multiplied by 37.5 percent to arrive at the deductible amount.

Foreign tax credits are also allowed against FDII, but only the taxable portion of FDII (62.5 percent) is taken into account to determine the foreign tax credit limitation. The FDII deduction is limited to taxable income of the C corporation.

The FDII tax deduction can provide significant tax savings for U.S. companies. When first introduced, there was some concern the World Trade Organization might view it as an illegal export subsidy. However, it is current tax law and companies should take advantage of it. U.S. corporations must also consider the state tax implications associated with FDII. In addition, many are now considering housing intellectual property in the United States, as the low rate of tax competes with patent box regimes offered by other countries. Further, companies should analyze whether it is worthwhile to transfer existing foreign business into newly formed C corporations to reap the FDII tax benefits.

The content of this article is for informational purposes only. It is not intended to be a substitute for professional financial advice. Always seek the expertise of a certified financial advisor or other qualified provider with any questions you may have regarding personal finance, investment and money-related issues.

Introducing

FX Excursions

FX Excursions offers the chance for once-in-a-lifetime experiences in destinations around the world.

Explore Excursions

#globility

Insta Feed
Daily
Dec 16, 2025

Untold Story Travel Launches Wolves, Whales & the Northern Lights Experience

Untold Story Travel recently unveiled one of its most exclusive itineraries to date: Wolves, Whales & the Northern Lights. This itinerary brings travelers to the remote wilderness of Northern Norway for luxury, wildlife and the magic of the Arctic.

How To Enhance Your Mental and Emotional Wellness on the Road

Prioritizing Mental and Emotional Wellness While Traveling for Business Business travel opens doors to professional growth and new experiences — but a demanding schedule, time away from home and work pressures can affect mental wellness. According to a 2024 Gallup study, with more than half of the global workforce reporting disengagement, supporting wellness on the road is more important than ever. Below are practical ways to stay balanced and energized during business trips.

Daily
Dec 16, 2025

Taiwan Continues to Excel in Building Design with Upcoming Spaces

A new building will shortly be constructed next to Taiwan’s Touqian River, a combination of a market and food hall with cultural spaces within the northern Taiwanese city of Zhubei. With its stack of open, flexible floors that can adapt to changing demands, the building will act as an urban condenser, and is expected to be the next step in the evolution of the shopping market. This future-focused vision is reflected in its name: Market Cube. Rotterdam-based architectural firm MVRDV will design the new Market Cube building.

Daily
Dec 16, 2025

Kixby Hotel Launches Exclusive Broadway Experience with New “Two Strangers” Musical

Broadway lovers, this one’s for you! The Kixby Hotel, a boutique property in Midtown Manhattan, partners with Broadway’s newest hit, Two Strangers (Carry a Cake Across New York), for a unique collaboration through February 2026.

TAP Air Portugal: A Milestone Year

From small airline to global success, TAP Air Portugal turns 80 and better than ever.

Daily
Dec 15, 2025

Naples Beach Club, A Four Seasons Resort, Now Open

Naples Beach Club, A Four Seasons Resort recently opened on 1,000 feet of white-sand beach across 125 lushly landscaped acres with 220 guest accommodations, including 57 suites.

December 2025
Dec 13, 2025

Wyndham Rewards’ New Loyalty Subscription

Wyndham Hotels & Resorts’ Wyndham Rewards program transforms with the official launch of Wyndham Rewards Insider, a first-of-its-kind travel and entertainment subscription from a major hotel rewards program. For $95 a year Wyndham Rewards members can now unlock perks such as automatic Gold-level status, concierge service and the ability to double-dip on points with select partners. These perks are all in addition to savings on hotels, flights, car rentals, cruises and more.

Ireland: The Pinnacle of Golf by the Sea and Beyond

With the legacy of The Open at Royal Portrush still fresh, Ireland secured its place among the world’s most exceptional golf destinations. For those in search of championship courses, dramatic landscapes and renowned hospitality, the island offers an experience unlike any other.

Daily
Dec 12, 2025

Kimpton Miralina Resort & Villas in Scottsdale Accepts Reservations Ahead of January Opening

Kimpton Miralina Resort & Villas Paradise Valley in Scottsdale, Arizona, is now accepting reservations for stays starting Jan. 5. Nestled at the Camelback and Mummy mountains in the aptly named Paradise Valley, the highly anticipated resort is located minutes away from Old Town Scottsdale and marks the second Kimpton property in Arizona.