What is PFIC?
Passive Foreign Investment Company - a foreign corporation with primarily passive income, subject to punitive US tax treatment.
Definition
A Passive Foreign Investment Company (PFIC) is a foreign corporation where either 75% or more of its gross income is passive income, or 50% or more of its assets produce passive income. US shareholders of PFICs face harsh tax treatment including current taxation on unrealized gains, interest charges on deferred taxes, and extensive reporting requirements on Form 8621. Many foreign mutual funds are classified as PFICs.
Who Needs to Know This?
US persons who own shares in foreign mutual funds, ETFs, or foreign corporations that meet the PFIC definition. Especially relevant for US expats holding investments in their country of residence.
Key Deadline
Form 8621 filed with annual tax return for each PFIC owned
Potential Penalties
Punitive tax treatment: highest ordinary income rates apply, plus interest charges; penalties for failure to file Form 8621
Related Forms
Common Mistakes to Avoid
- 1Not realizing foreign mutual funds are typically PFICs
- 2Holding investments in Canadian TFSAs (PFIC nightmare for US persons)
- 3Not filing Form 8621 for each PFIC owned
- 4Not making QEF or mark-to-market elections when beneficial
Related Terms
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