Andrew Mitchel LLC

Section 1291 Computation for PFIC Distributions

Assumes no QEF or mark-to-market elections have been made. Complete a separate calculation for each block of stock in which you have a different holding period.


If your holding period is less than 3 years, include distributions from all prior years in your holding period.

The first PFIC year is the first year in your holding period that the foreign corporation met the PFIC 50% passive asset test or the 75% passive income test. Typically, this is the first year that you acquired the shares.

Line 15c, Average distributions for the prior 3 years (or less if the hldg. per. is shorter): $20,000

Line 15d, 125% of average distributions for the prior 3 years (or less if the hldg. per. is shorter): $25,000

Line 15e(1) and (e)(2), Excess distribution: $75,000

Nonexcess distribution (lesser of Line 15a (100,000) or Line 15d ($25,000)): $25,000. This amount is included on Schedule B as a non-qualified dividend.

Year Days Alloc'd Excess
Distr.
Tax Rate Def'd
Tax Amt.
FTC DTA
after FTC
Interest
Charge
Comment
2011 27 411 35.0% 62 Pre-PFIC year (no deferred tax or interest)
2012 366 5,571 35.0% 836 Pre-PFIC year (no deferred tax or interest)
2013 365 5,556 39.6% 833 Pre-PFIC year (no deferred tax or interest)
2014 365 5,556 39.6% 833 Pre-PFIC year (no deferred tax or interest)
2015 365 5,556 39.6% 2,200 833 1,367 894 ---
2016 366 5,571 39.6% 2,206 836 1,370 815 ---
2017 365 5,556 39.6% 2,200 833 1,367 729 ---
2018 365 5,556 37.0% 2,056 833 1,223 567 ---
2019 365 5,556 37.0% 2,056 833 1,223 474 ---
2020 366 5,571 37.0% 2,061 836 1,225 409 ---
2021 365 5,556 37.0% 2,056 833 1,223 361 ---
2022 365 5,556 37.0% 2,056 833 1,223 293 ---
2023 365 5,556 37.0% 2,056 833 1,223 190 ---
2024 366 5,571 37.0% 2,061 836 1,225 86 ---
2025 151 2,299 37.0% 345 Current year (no deferred tax or interest)
Totals 75,000 21,008 11,250 12,669 4,818

Attach a schedule like this to Form 8621.

Form 8621, Part V, Line 16b: The excess distribution allocated to the current year (2025) is $2,299. The excess distribution allocated to the Pre-PFIC years is $17,095. The sum of these two amounts, $19,393, is included on Form 8621, Part V, Line 16b and included as "Other Income" on Form 1040, Schedule 1, Line 8z. Distributions that were excess distributions but not included in income totaled $55,607 ($75,000 - $19,393). [Important for computing Line 15b in future years.]

Form 8621, Part V, Line 16c: The deferred tax amount of $21,008 is included on Form 8621, Part V, Line 16c

Form 8621, Part V, Line 16d:
The total tax withheld was $15,000.
The tax related to the nonexcess distribution was $3,750.
The tax related to the excess distribution was $11,250.
The tax related to the excess distribution pre-PFIC years was $2,564.
The tax related to the excess distribution current year was $345
The tax related to the years in which there was a deferred tax amount (the "DTA Years") was $8,339. This amount should be included on Form 8621, Part V, Line 16d.
The excess distribution tax allocated to the pre-PFIC years and the current year (the "Non-DTA Years") was $2,909.
The sum of the tax related to the nonexcess distribution ($3,750) and the tax related to the Non-DTA Years ($2,909) is $6,659. This amount should be included as tax paid on your passive category Form 1116.
The sum of the nonexcess distribution ($25,000) and the excess distribution allocated to the Non-DTA Years ($19,393) is $44,393. This amount should be included as gross income on your passive category Form 1116.

Form 8621, Part V, Line 16e: The amount on Form 8621, Line 16e should be $12,669 ($21,008 - $8,339). This amount should also be included as part of the total for Form 1040, line 16. Check box 3 on line 16 and enter "1291TAX" in the entry space for that box.

Form 8621, Part V, Line 16f: The amount interest on Form 8621, Line 16f should be $4,818. This amount should also be included on Form 1040, Schedule 2, Line 17p.

Form 8960, Line 6 The full amount of the distribution is [potentially] subject to the net investment income tax. The non-excess distribution of $25,000 should flow through to Line 2 of Form 8960 (ordinary dividends). The excess distribution of $75,000 should be included as a positive adjustment on Line 6 of Form 8960.

Section 1291 Computation for Gains on Sales of PFIC Stock

<<<   DISCLAIMER: You should consult a tax professional for individual advice regarding your own situation. You should not rely on these computations for any purpose whatsoever.  >>>