Key Takeaways
- Any non-US corporation is a PFIC if 75%+ of gross income is passive or 50%+ of assets produce passive income
- Default tax treatment is punitive: no capital gains rate, highest bracket taxation, plus IRS interest charges
- Two proactive elections — QEF and Mark-to-Market — can help mitigate the worst outcomes
What is a PFIC?
Under US tax laws, any non-US corporation is considered a Passive Foreign Investment Company if 75% or more of its gross income is passive income (interest, rent, royalties, dividends), or 50% or more of its assets produce such passive income. Many foreign mutual funds, offshore investment funds, ETFs, and holding companies fall into this category.
The PFIC Tax Trap — Why It’s Punitive
Gains on sale of PFIC shares are taxed as ordinary income, not at lower long-term capital gains rates. Excess distributions are taxed at the highest marginal rate regardless of the actual bracket. The IRS adds a punitive interest charge on the tax “should have been paid” in prior years. Distributions don’t qualify for reduced tax rates.
Two Elections That Can Help
Qualified Electing Fund (QEF) election: The US shareholder includes their share of the PFIC’s earnings each year, preserving income character and allowing capital gains treatment on sale. Requires annual information from the PFIC.
Mark-to-Market (MTM) election: Available only for publicly traded PFIC shares. Gains and losses are recognised based on year-end market value. Avoids the default regime’s interest charges.