Form Schedule P (Form 1 Schedule P (Form 1 Transfer Price or Commission

SCHEDULE P
(Form 1120-FSC)
(Rev. December 2008)

Transfer Price or Commission
For amount reported on line

Department of the Treasury
Internal Revenue Service

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, Schedule

OMB No. 1545-0935

, Form 1120-FSC.

Attach Schedule P to Form 1120-FSC.

Name as shown on Form 1120-FSC

Employer identification number

A Product or product line (see instructions)

B Basis of reporting (see instructions):
1. Transaction-by-transaction:
a. Aggregate on Schedule P

C Principal business activity code (if applicable) (see instructions)

b. Aggregate on tabular schedule
c. Tabular schedule of transactions
2. Group of transactions

Part I
FSC Profit
Section A—Combined Taxable Income (see instructions)
Full Costing
1

Foreign trading gross receipts from transaction between FSC or related supplier and third party

2

Costs and expenses allocable to foreign trading gross receipts from transaction:
a Cost of goods sold attributable to property if sold, or depreciation attributable to property if leased

b Related supplier’s expenses allocable to foreign trading gross receipts (see
instructions)
c FSC’s expenses allocable to foreign trading gross receipts
d Add lines 2a through 2c
3 Combined taxable income. Subtract line 2d from line 1. If zero or less, enter -0-

1

2a
2b
2c
2d
3

Marginal Costing
4

Foreign trading gross receipts from resale by FSC, or sale by related supplier, to third party

5

Costs and expenses allocable to foreign trading gross receipts from sale:

4

5a
5b

a Cost of direct material attributable to property sold
b Cost of direct labor attributable to property sold

5c

c Add lines 5a and 5b
6

Subtract line 5c from line 4. If zero or less, skip lines 7 through 11 and enter -0- on line 12

6

7

Gross receipts of related supplier and FSC or controlled group from foreign and domestic sales of the product
or product line

7

8

Costs and expenses of related supplier and FSC or controlled group allocable to gross
income from sales:
a Cost of goods sold attributable to property sold

8a

b Expenses allocable to gross income

8b
8c

c Add lines 8a and 8b
9
10
11
12

Subtract line 8c from line 7. If zero or less, skip lines 10 and 11 and enter -0- on line 12
Overall profit percentage. Divide line 9 by line 7. Check if the controlled group optional method is used
Overall profit percentage limitation. Multiply line 4 by line 10
Combined taxable income. Enter the smaller of line 6 or line 11

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9
10
11

%

12

Section B—23% of Combined Taxable Income Method (see instructions)
13
14

Multiply line 3 or line 12 (as elected by related supplier) by 23%
FSC profit. Enter amount from line 13. If marginal costing is used, enter the smaller of line 3 or line 13

13
14

Section C—1.83% of Foreign Trading Gross Receipts Method (see instructions)
15
16
17

Part II
18

15
16

Multiply line 1 by 1.83%
Multiply line 3 or line 12 (as elected by related supplier) by 46%
FSC profit. Enter the smallest of line 3, line 15, or line 16

17

Transfer Price From Related Supplier to FSC
18

Enter amount from line 1 or line 4, whichever is applicable
19a

19a FSC profit. Enter amount from line 14 or line 17, whichever is applicable

19b
b FSC expenses allocable to foreign trading gross receipts from transaction
c Add lines 19a and 19b
20 Transfer price from related supplier to FSC. Subtract line 19c from line 18 (see instructions)

Part III
21
22
23

19c
20

FSC Commission From Related Supplier

FSC profit. Enter amount from line 14 or line 17, whichever is applicable
FSC expenses allocable to foreign trading gross receipts from transaction
FSC commission from related supplier. Add lines 21 and 22 (see instructions)

For Paperwork Reduction Act Notice, see the Instructions for Form 1120-FSC.

Cat. No. 11537Y

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Schedule P (Form 1120-FSC) (Rev. 12-2008)

Schedule P (Form 1120-FSC) (Rev. 12-2008)

Page

General Instructions

Specific Instructions

Purpose of Schedule

Item A–Product or Product Line. Enter
the product or product line that meets
one of the two standards below.
1. The principal product based on the
North American Industry Classification
System (NAICS) (see the last page of the
Instructions for Form 1120-FSC) or
2. A recognized industry or trade use.
Note. If the FSC used the Standard
Industrial Classification (SIC) codes for
Schedule P in prior tax years, it may
complete item A based on the SIC
codes for the current tax year.
Item B–Basis of Reporting. The FSC
must indicate the basis on which the
amounts on Schedule P were
determined using either the
transaction-by-transaction basis or an
election to group transactions.
Except for certain small FSCs electing
to group transactions (discussed below),
FSCs should not file a separate
Schedule P for each transaction or each
group of transactions.
1. Transaction-by-transaction. If the
FSC makes pricing determinations
based on each transaction rather than
an election to group transactions, check
box 1a, box 1b, or box 1c depending on
the FSC’s preferred reporting format.
a. Aggregate on Schedule P. If the
FSC chooses to aggregate its
transactions on one or more Schedules
P, check box 1a.
● Aggregate on one Schedule P those
transactions for which the same
administrative pricing method is applied,
provided all the transactions are
included in the same product or product
line indicated in item A.
● Aggregate on separate Schedules P
those transactions for which the same
pricing method is applied in each
separate product line.
If a different pricing method is applied
to some of the transactions in one or
more of the separate product lines,
additional Schedules P must be filed.
Example. If the 23% of combined
taxable income method applies to
transactions in three separate product
lines (as indicated in item A), the FSC
would file three aggregate Schedules P.
However, if the FSC uses the 1.83% of
foreign trading gross receipts method for
some of the transactions in one of the
product lines, the FSC would file four
aggregate Schedules P.
b. Aggregate on tabular schedule. The
FSC may choose to aggregate its
transactions on a tabular schedule rather
than on Schedule P. To do so, file one

Use Schedule P to figure an allowable
transfer price to charge the FSC or an
allowable commission to pay to the FSC
under the administrative pricing rules
discussed below. The transfer price or
commission is used to allocate foreign
trading gross receipts from the sale of
export property or from certain services
between the FSC and its related
supplier.
Related supplier. Under Regulations
section 1.482-1(a), a related supplier is
an entity that is owned or controlled
directly or indirectly by the same
interests as the FSC.

Filing the Schedule
File the schedule for a FSC that has
foreign trading gross receipts during the
tax year from:
● The resale of export property or from
certain services or
● The disposition of export property or
from services in which the FSC served
as commission agent for a related
supplier.

When Not To File
Do not complete Schedule P (or an
alternate format) in the following three
situations.
1. The section 482 method of transfer
pricing is used. If the 23% and 1.83%
methods (see the instructions for
Sections B and C on page 3) do not
apply to a sale or if the related supplier
does not choose to use them, the
transfer price for a sale by the related
supplier to the FSC is figured on the
basis of the sales price actually charged
but is subject to section 482 and its
regulations and to Temporary
Regulations section 1.925(a)-1T(a)(3)(ii).
2. The arm’s-length pricing method is
used. If the transaction is with an
unrelated supplier, the FSC bases its
profit on the arm’s-length price.
3. Transactions are incomplete at the
end of the year. If export property
bought by the FSC from the related
supplier during the tax year is unsold by
the end of the FSC’s tax year or the
related supplier’s tax year in which the
property was transferred, the 23% and
1.83% methods cannot be used.
Instead, the transfer price of the
property bought by the FSC is the
supplier’s cost of goods sold for the
property. See Temporary Regulations
section 1.925(a)-1T(c)(5)(i)(C) for rules
regarding the transfer price of property
resold during the subsequent tax year.

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Schedule P, entering only the taxpayer’s
name and employer identification
number (EIN) at the top of Schedule P.
Also, check box 1b. Attach a tabular
schedule to the partially completed
Schedule P, reporting all information as
if a separate Schedule P were filed for
each aggregate of transactions
described in 1a above. Also see Format
of tabular schedules on page 3.
Note. To be eligible for either of the
aggregate reporting formats described
above in 1a or 1b, the FSC and its
related supplier must maintain a
supporting schedule that contains all
information that would be reported if a
separate Schedule P were filed for each
transaction. The supporting schedule
should not be filed with the Schedule P.
c. Tabular schedule of transactions.
Instead of aggregate reporting, the FSC
may choose to report transactions on a
tabular schedule. File one Schedule P,
entering only the taxpayer’s name and
EIN at the top of Schedule P. Also,
check box 1c. Attach a tabular schedule
to the partially completed Schedule P,
reporting all information as if a separate
Schedule P were filed for each
transaction. Also see Format of tabular
schedules on page 3.
2. Group of transactions. The FSC’s
related supplier may elect to group
transactions by product or product line
in making pricing determinations. The
grouping of transactions applies to all
transactions completed during the tax
year for that product or product line. Do
not group sale and lease transactions.
To make the election, complete one
Schedule P, entering only the taxpayer’s
name and EIN at the top of Schedule P.
Also, check box 2 of item B and attach
a tabular schedule to the partially
completed Schedule P, reporting all
information as if a separate Schedule P
were filed for each group of transactions
(see Format of tabular schedules on
page 3).
Note. If a grouping basis is elected,
aggregate reporting is not permitted.
Attach Schedule P to Form 1120-FSC.
Once the election is made, grouping
redeterminations are permitted no later
than one year after the due date of the
FSC’s timely filed (including extensions)
Form 1120-FSC. For details, see
Regulations section 1.925(a)-1(c)(8).
Small FSC. If the FSC elected to be a
small FSC under section 922(b) and has
foreign trading gross receipts of $5
million or less for the tax year, the small
FSC may file a separate Schedule P for
each group of transactions instead of
filing a tabular schedule.

Schedule P (Form 1120-FSC) (Rev. 12-2008)

Format of tabular schedules. If a
tabular schedule is attached to Schedule
P, the schedule must:
● Be in spreadsheet or similar format;
● List the taxpayer’s name and EIN on
each numbered page;
● Be formatted in columns that
correspond to items A, C, and each line
item in Parts I, II, and III of Schedule P;
and
● Show totals in each column.
Item C–Principal Business Activity
Code. If applicable, use the list of
Principal Business Activity codes on the
last page of the Instructions for Form
1120-FSC to group activities. Enter the
six-digit number that relates to the
corresponding product or product line
reported in item A.
Note. If the FSC used the SIC codes for
Schedule P in prior tax years, it may
continue using the SIC codes for the
current tax year.

Part I
Section A–Combined Taxable
Income
Under the administrative pricing rules,
the methods discussed below may be
used in the same tax year of the FSC for
separate transactions (or separate
groups of transactions).
Full Costing
Foreign trading gross receipts are the
gross receipts of a FSC (other than a
small FSC) that has met the foreign
management and foreign economic
process rules. The receipts must be
from the sale, lease, or rental of export
property for use outside the United
States or for engineering or architectural
services for a construction project
located outside the United States. For
details, see section 924 and Foreign
Trading Gross Receipts in the
Instructions for Form 1120-FSC.
If the FSC is the principal in the sale
of export property, the combined taxable
income of the FSC and its related
supplier is the excess of the FSC’s
foreign trading gross receipts from the
sale over the total costs of the FSC and
related supplier. These costs include the

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supplier’s cost of goods sold, and the
supplier’s and the FSC’s
noninventoriable costs that relate to the
foreign trading gross receipts. See
Regulations section 1.471-11(c)(2)(ii).
Also see Temporary Regulations section
1.925(a)-1T(c)(6)(iii) for special rules
regarding gross receipts and total costs.
Line 2b. Include an apportionment of
deductions that are not definitely
allocable, such as interest expense and
stewardship expenses. See Temporary
Regulations sections 1.861-11T(f) and
1.861-14T(f) for details on the
apportionment.
Marginal Costing
Under the marginal costing rules, the
combined taxable income of the FSC
and its related supplier is figured by
subtracting from foreign trading gross
receipts the direct material and direct
labor costs of producing a particular
item, product, or product line. See
Regulations section 1.471-11(b)(2)(ii).
The combined taxable income also may
be limited to the overall profit
percentage (line 10) multiplied by the line
4 foreign trading gross receipts.
See Temporary Regulations section
1.925(b)-1T for more information on the
marginal costing rules. Also see section
1.925(a)-1T for information on the
transfer pricing rules.
Limit on FSC Income (No-loss Rules)
If there is a combined loss on a
transaction or group of transactions, the
FSC may not earn a profit under either
the 23% method or the 1.83% method.
Under the 1.83% method, the FSC’s
profit on line 17 may not exceed the full
costing combined taxable income
reported on line 3. The related supplier
may, however, set a transfer price or
rental payment or pay a commission in
an amount that will enable the FSC to
recover its costs, if any, even if the
result is a loss for the related supplier.
If the FSC recognizes income while
the related supplier recognizes a loss on
a sale under the section 482 method,
neither the 23% method nor the 1.83%
method may be used by the FSC and
the related supplier (or by a FSC in the

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same controlled group and the related
supplier) for any other sale, or group of
sales, during the tax year that falls
within the same NAICS code (or, if
applicable, SIC code) as the subject
sale.

Section B–23% of Combined
Taxable Income Method
Under this method, the related supplier
figures an allowable transfer price to
charge the FSC (or an allowable
commission to pay to the FSC) so that
the FSC will profit on the sale.
The profit is limited to 23% of the
FSC’s and the supplier’s combined
taxable income attributable to the
foreign trading gross receipts from the
sale. Also see item 3 (regarding
incomplete transactions) under When
Not To File on page 2.

Section C–1.83% of Foreign
Trading Gross Receipts Method
Under this method, the related supplier
figures an allowable transfer price to
charge the FSC (or an allowable
commission to pay to the FSC) so that
the FSC will profit on the sale.
The profit is limited to 1.83% of the
FSC’s foreign trading gross receipts. It is
further limited to twice the profit
determined under either (a) the 23% of
combined taxable income method or
(b) the marginal costing rules (described
above). Also see item 3 (regarding
incomplete transactions) under When
Not To File on page 2.

Part II
Line 20. If the transfer price from the
related supplier to the FSC is entered on
more than one line on Form 1120-FSC,
attach an explanation indicating the
portion of line 20 that applies to each
line.

Part III
Line 23. If the FSC commission from the
related supplier is entered on more than
one line on Form 1120-FSC, attach an
explanation indicating the portion of line
23 that applies to each line.