ARTICLE
17 January 2014

IRS Releases Temporary And Proposed PFIC Regulations

On Dec. 30, the IRS issued temporary and proposed regulations providing guidance on determining passive foreign investment company ownership and annual shareholder filing requirements.
United States Tax
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On Dec. 30, the IRS issued temporary (T.D. 9650) and proposed (REG-140974-11) regulations providing guidance on determining passive foreign investment company (PFIC) ownership and annual shareholder filing requirements. A foreign corporation is generally a PFIC under Section 1297(a) if either 75% or more of its gross income for the taxable year is passive or at least 50% of the assets it held during the taxable year generate or are held for the production of passive income. Importantly, these temporary regulations apply to tax years ending on or after Dec. 31, 2013. 

The issuance of these temporary regulations means that certain shareholders of PFICs that are not qualified electing funds under Section 1293, or who have not made a mark-to-market election under Section 1296, may need to begin filing Forms 8621, Information Return by a Shareholder of a Passive Foreign Investment Company or Qualifying Electing Fund to report direct and indirect interests in such PFICs. 

A filing requirement for these shareholders was established under Section 1298(f) in 2010 as part of the Hiring Incentives to Restore Employment Act. Subject to certain exceptions, the requirement to file Form 8621 applies to shareholders that own an interest in a PFIC at any time during the shareholder's taxable year. Shareholders of a foreign corporation at any time during 2013 should determine whether the foreign corporation was a PFIC and whether they are potentially required to file Forms 8621. 

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ARTICLE
17 January 2014

IRS Releases Temporary And Proposed PFIC Regulations

United States Tax

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