Question: How Do I Avoid PFIC Status?

Is a foreign bank a PFIC?

The 1986 law exempted foreign banks and securities dealers that were licensed in the United States from being classified as PFICs.

Under these laws, dealers are prohibited from paying out too much of their earnings..

What is a PFIC for US tax purposes?

The passive foreign investment company (PFIC) regime aims to discourage US persons from forming a foreign corporation and using that company to invest in primarily passive investments, thereby attempting to shift income out of the US federal tax net.

What is sub F income?

The income of a CFC that is currently taxable to its U.S. shareholders under the Subpart F rules is referred to as “Subpart F income.” Under I.R.C. … In general, it consists of movable income. For example, a major category of Subpart F income is Foreign Base Company Income (FBCI), as defined under I.R.C.

What is excess distribution?

For purposes of this section, the term “excess distribution” means any distribution in respect of stock received during any taxable year to the extent such distribution does not exceed its ratable portion of the total excess distribution (if any) for such taxable year.

How can I check my PFIC status?

In determining PFIC status when applying the Income Test and Asset Test, the statute provides a general look-through rule when a tested foreign corporation owns, directly or indirectly, at least 25% of the value of the stock of another corporation (a “Look-Through Subsidiary” or “LTS”) (the “Look-Through Rule”).

What qualifies as a PFIC?

A passive foreign investment company (PFIC) is a corporation, located abroad, which exhibits either one of two conditions, based on either income or assets: At least 75% of the corporation’s gross income is “passive”—that is, derived investments or other sources not related to regular business operations.

How is a PFIC taxed?

All capital gains from the sale of PFIC shares are treated as ordinary income for federal income tax purposes and thus are not taxed at preferential long-term capital gain rates (Sec. 1291(a)(1)(B)).

Who should file Form 8621?

A U.S. person that owns stock of a foreign corporation and elects to treat such stock as the stock of a qualifying insurance corporation under the alternative facts and circumstances test within the meaning of section 1297(f)(2) must file a limited-information Form 8621.

Are ETFs considered PFICs?

Canadian mutual fund trusts (including ETFs) and mutual fund corporations are considered PFICs and, therefore, are subject to the PFIC rules.

What is passive income?

Passive income is exactly what it sounds like: It’s income you generate that does not require your daily active involvement. Think of the interest you earn on a savings account. You collect money—in this case, a very small amount of interest—in exchange for simply parking your funds at the bank.

What is QEF?

A QEF, or Qualified Electing Fund, is a PFIC for which you have made a special election. The tax treatment of a QEF is better than the other two ways of taxing PFICs: the excess distribution rules of I.R.C. § 1291, or. the mark to market (MTM) rules of I.R.C.

Do I need to file Form 8621?

Together with your tax return, you need to file Form 8621. This applies for each separate PFIC you are a shareholder if you: receive direct or indirect distributions from a PFIC. recognize a gain on a direct or indirect disposition of PFIC stock.

Can a PFIC be a CFC?

PFIC/CFC overlap A CFC earning Subpart F income generally will meet the criteria to be considered a PFIC as well. … The shareholder would be subject to the excess distribution rules, but the shares would then be eligible for the PFIC exception going forward.

What is the purpose of Form 8621?

Tax form 8621, Information Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund, is used to report income from foreign mutual funds, also referred to as passive foreign investment companies (PFICs).

What does a QEF election do?

The QEF election involves including the ordinary income and capital gains in the shareholder’s income each year –even if the money was not actually received. Making the election will allow gains on disposition of pedigreed QEFs to be taxed as capital gains when they are sold.