What happens when a US citizen owns shares of a foreign corporation, and the foreign corporation owns shares in PFICs–for example, foreign mutual funds or money market funds? Does the US citizen need to look through the top level foreign corporation to the PFICs?
When a shareholder looks through a corporation to an underlying PFIC, he must pretend that he owned the underlying PFIC shares directly.
Does the US citizen look through the top level foreign corporation? The answer depends on the percentage of the shares in the top level corporation the US citizen and whether the top level corporation is itself a PFIC.... continue reading
Americans living abroad will frequently do a sensible thing, and invest in foreign mutual funds. That’s a good investment strategy.
But when that American is a kid? Foreign mutual funds make trouble. They may require the child to file a U.S. tax return, even if the child has trivial amounts of income:
Does filing a late Form 8854 make you a covered expatriate?1
If you are late filing your Form 8854, the worst that can happen is that you will be fined $10,000. You will not be a covered expatriate.
Expatriates – citizens who give up their U.S. citizenship, green card holders of long-standing – are required to provide information.4 Form 8854 is how the IRS exercised its power to design a tax return (and set the filing deadline) for the information required from expatriates.... continue reading
Today’s post is a war story about a pair of US citizen former clients whose PFIC issues we helped clean up. The question, paraphrased, is more or less like this:
We are equal shareholders of a successful Portuguese company (LDA). Our company accrued a lot of profits. We really do not want to let the profits sit idle. Can we safely invest them in exchange traded funds?
This post will discuss how to use a mix of the mark-to-market regime for foreign investment companies (PFICs) and the de minimis exception to foreign base company income for controlled foreign corporation (CFCs) to defer US tax on the profits from the exchange traded funds.... continue reading
We finally have sane filing deadlines for income tax returns and FBARs (FinCen Form 114). But there is still a trap for the unwary.
Humans file income tax returns by April 15 .1
Humans can get extensions of time to file their income tax returns: