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Opting Out of PFIC Tax-and-Interest Treatment: Making QEF Elections on Form 8621 Part II

Speakers: Steven D. Bortnick, Thomas D. Phelan and William R. Skinner

10/20/2016
1:00 PM - 2:50 PM (EDT)
Opting Out of PFIC Tax-and-Interest Treatment: Making QEF Elections on Form 8621 Part II

Presented by Strafford

Among the most onerous of all IRS reporting regimes is the Passive Foreign Investment Company (PFIC) designation for certain foreign investments held by U.S. taxpayers. The impact of the PFIC designation is to subject taxpayers owning qualifying assets to a tax and accrued interest regime that is both complicated and expensive.

Because the PFIC regime is intended to prevent U.S. persons from deferring U.S. taxation on passive investments held through foreign companies, taxpayers may avoid the tax-and-interest treatment by electing current tax treatment of their PFIC holdings. The primary mechanism for opting out of the PFIC regime is by making an election to treat the PFIC as a qualifying electing fund (QEF), which allows taxpayers to avoid interest accrual by paying tax on their pro rata share of income from the QEF.

The QEF election avoids the tax-and-interest scheme altogether if made at the time the foreign investment is acquired. Taxpayers wishing to make a QEF election in subsequent years must make additional elections to remove the “taint” of PFIC status from the asset. These additional elections, which involve gain recognition, are reported on Form 8621. In addition to a QEF election, some taxpayers holding PFIC assets may make a mark-to-market election for their foreign entity shares, reporting proceeds from deemed sales as ordinary income.

Listen as our experienced panel goes beyond the basics of Form 8621 to provide a thorough discussion of QEF elections and other means of avoiding the PFIC regime. This webinar will provide tax advisers with a guide to the complex QEF election rules for foreign investments that qualify as a PFIC. The panel will go beyond the mechanics of PFIC reporting to detail the advantages, disadvantages and calculations involved in making a QEF election. The webinar will discuss making a “deemed sale election” after the year of purchase, detail how to report the election on Form 8621, and define the planning opportunities in electing out of PFIC treatment.

Key topics include:

  • Identifying assets that qualify as PFIC holdings
  • Differentiating tax results between PFIC, mark-to-market and QEF scenarios
  • Calculating tax impact of QEF election in a year subsequent to acquisition of the PFIC asset
  • Where to report QEF and purging elections on Form 8621
Event Documents

Opting Out of PFIC Tax-and-Interest Treatment: Making QEF Elections on Form 8621 Part II - presentation slides (.pdf)

Registration

Cost
Webinar: $97
Webinar and CPE Processing: $132