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Loophole

§250 FDII Deduction — 37.5% Deduction on Foreign-Derived Intangible Income

U.S. C-corps get a 37.5% deduction on income from serving foreign customers — 13.125% effective rate.

Overview

IRC §250 gives U.S. C-corporations a 37.5% deduction (drops to 21.875% after 2025 without extension) on Foreign-Derived Intangible Income (FDII) — income from goods/services sold to foreign persons for foreign use. Effective rate drops from 21% to 13.125%. Applies to product exports, IP licensing to foreign users, services performed for foreign persons. Requires documentation of foreign use. Combines with IC-DISC for pass-through owners. Post-2025 rate uncertainty — capture NOW.

Best fit
U.S. C-corps with foreign customersSaaS/tech with international usersIP licensors
Estimated impact
8 percentage points on foreign-derived income

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