A Passive Foreign Investment Company (PFIC) is a foreign corporation that meets certain passive income and asset tests under the Internal Revenue Code.

What is a late deemed sale election?

A late deemed sale election is an option available to a U.S. person who has sold or disposed of stock in a PFIC after the end of the taxable year and before the due date (including extensions) of the U.S. person's income tax return for the taxable year.

What is Form 8621-A used for?

Form 8621-A is used to report transactions involving certain foreign financial assets and provide information about the taxpayer's compliance with the Foreign Account Tax Compliance Act (FATCA). It is also used to determine if a U.S. person has an obligation to file Form 8938, Statement of Specified Foreign Financial Assets.

What is the consequence of not filing Form 8621-A on time?

The consequences of not filing Form 8621-A on time include potential penalties and the inability to use certain elections or protections under the Internal Revenue Code.

What is a late deemed dividend election?

A late deemed dividend election is an option available to a U.S. person who has received a distribution from a PFIC after the end of the taxable year and before the due date (including extensions) of the U.S. person's income tax return for the taxable year.

What is the due date for filing Form 8621-A?

Form 8621-A must be filed with the IRS no later than the due date (including extensions) of the U.S. shareholder's income tax return for the election year.

What information is required on Form 8621-A?

Form 8621-A requires the taxpayer's identifying number, name and address, the name of the foreign corporation, the taxable year of the foreign corporation, and various details about the excess distribution or deemed sale. A balance sheet is also required for certain types of elections.

What is a Specified Non-Financial Asset?

A Specified Non-Financial Asset (SNFA) is a non-financial asset that is considered a 'foreign asset' for purposes of the Foreign Investment in Real Property Tax Act (FIRPTA). SNFAs include interests in real property, personal property, and other types of assets not qualifying as financial assets.

What is a Specified Foreign Financial Asset?

A Specified Foreign Financial Asset (SFFAA) is a financial asset held by a U.S. person in a foreign jurisdiction that can create tax compliance and reporting challenges under U.S. law, such as deposit accounts, securities, or mutual funds. SFFAAs subject to FATCA include deposit accounts held at foreign branches of U.S. financial institutions, certain equity or debt interests in foreign issuers, and certain mutual funds.

What is Form 8938 used for?

Form 8938 is used to report specified foreign financial assets held by certain U.S. taxpayers. It is used in conjunction with Form 8621 and other forms to provide information on the taxpayer's offshore financial accounts, securities, and other types of Specified Foreign Financial Assets.

FATCA stands for the Foreign Account Tax Compliance Act, which is a U.S. law aimed at preventing tax evasion by U.S. taxpayers with offshore accounts. It requires financial institutions to report information about financial accounts held by U.S. taxpayers to the U.S. Department of the Treasury. FATCA also imposes reporting obligations on certain U.S. taxpayers with respect to their foreign financial assets.

What is a Partner or Owner?

For purposes of Form 8621, a Partner or Owner refers to an individual who owns an interest in a partnership or an owner of an entity treated as a disregarded entity for tax purposes. A partner's share of the partnership is reported on Schedule B of Form 8621.

What are Partnership Interests?

Partnership Interests refer to an individual's share in a partnership, which must be reported on Schedule B of Form 8621. The partner's interest in the partnership is determined by their distributive share of the partnership's income.

Form 8621-A

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Return by a Shareholder Making Certain Late Elections To End Treatment as a Passive Foreign Investment Company

Rev. December 2013

This document is a closing agreement between Shareholder and the Commissioner of Internal Revenue regarding the late election under sections 1298(b)(1) or 1297(b)(1) of the Internal Revenue Code for Shareholder's ownership in Corporation. The agreement includes the determination that granting late elections will not affect U.S. taxation, and the calculation of assets and liabilities using U.S. GAAP.

Instructions

Form 8621-A Instructions - Instructions for Form 8621-A, Return by a Shareholder Making Certain Late Elections To End Treatment as a Passive Foreign Investment Company

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FAQ

What is a PFIC?
A Passive Foreign Investment Company (PFIC) is a foreign corporation that meets certain passive income and asset tests under the Internal Revenue Code.
What is a late deemed sale election?
A late deemed sale election is an option available to a U.S. person who has sold or disposed of stock in a PFIC after the end of the taxable year and before the due date (including extensions) of the U.S. person's income tax return for the taxable year.
What is Form 8621-A used for?
Form 8621-A is used to report transactions involving certain foreign financial assets and provide information about the taxpayer's compliance with the Foreign Account Tax Compliance Act (FATCA). It is also used to determine if a U.S. person has an obligation to file Form 8938, Statement of Specified Foreign Financial Assets.
What is the consequence of not filing Form 8621-A on time?
The consequences of not filing Form 8621-A on time include potential penalties and the inability to use certain elections or protections under the Internal Revenue Code.
What is a late deemed dividend election?
A late deemed dividend election is an option available to a U.S. person who has received a distribution from a PFIC after the end of the taxable year and before the due date (including extensions) of the U.S. person's income tax return for the taxable year.
What is the due date for filing Form 8621-A?
Form 8621-A must be filed with the IRS no later than the due date (including extensions) of the U.S. shareholder's income tax return for the election year.
What information is required on Form 8621-A?
Form 8621-A requires the taxpayer's identifying number, name and address, the name of the foreign corporation, the taxable year of the foreign corporation, and various details about the excess distribution or deemed sale. A balance sheet is also required for certain types of elections.
What is a Specified Non-Financial Asset?
A Specified Non-Financial Asset (SNFA) is a non-financial asset that is considered a 'foreign asset' for purposes of the Foreign Investment in Real Property Tax Act (FIRPTA). SNFAs include interests in real property, personal property, and other types of assets not qualifying as financial assets.
What is a Specified Foreign Financial Asset?
A Specified Foreign Financial Asset (SFFAA) is a financial asset held by a U.S. person in a foreign jurisdiction that can create tax compliance and reporting challenges under U.S. law, such as deposit accounts, securities, or mutual funds. SFFAAs subject to FATCA include deposit accounts held at foreign branches of U.S. financial institutions, certain equity or debt interests in foreign issuers, and certain mutual funds.
What is Form 8938 used for?
Form 8938 is used to report specified foreign financial assets held by certain U.S. taxpayers. It is used in conjunction with Form 8621 and other forms to provide information on the taxpayer's offshore financial accounts, securities, and other types of Specified Foreign Financial Assets.
What is FATCA?
FATCA stands for the Foreign Account Tax Compliance Act, which is a U.S. law aimed at preventing tax evasion by U.S. taxpayers with offshore accounts. It requires financial institutions to report information about financial accounts held by U.S. taxpayers to the U.S. Department of the Treasury. FATCA also imposes reporting obligations on certain U.S. taxpayers with respect to their foreign financial assets.
What is a Partner or Owner?
For purposes of Form 8621, a Partner or Owner refers to an individual who owns an interest in a partnership or an owner of an entity treated as a disregarded entity for tax purposes. A partner's share of the partnership is reported on Schedule B of Form 8621.
What are Partnership Interests?
Partnership Interests refer to an individual's share in a partnership, which must be reported on Schedule B of Form 8621. The partner's interest in the partnership is determined by their distributive share of the partnership's income.

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Tax forms

Form 8621-A is one of Tax forms that are documents used to report income, deductions, and tax liability to the relevant tax authority. These forms are an essential part of the tax filing process and are used to ensure individuals and businesses comply with tax laws and accurately calculate their tax obligations.

The specific tax forms required can vary depending on factors such as an individual's filing status, sources of income, and the country's tax laws. However, here are some common types of tax forms:

Individual Income Tax Forms: These forms, such as the 1040 series in the United States, are used by individuals to report their income, claim deductions and credits, and calculate their tax liability.

Business Tax Forms: Businesses, including sole proprietorships, partnerships, corporations, and self-employed individuals, may have to file various forms to report their income, expenses, and taxes owed. Examples include Schedule C (Profit or Loss from Business) and Form 1120 (U.S. Corporation Income Tax Return).

Employment Tax Forms: Employers are required to report employee wages and withhold and remit payroll taxes. Forms such as W-2 (Wage and Tax Statement) and 941 (Employer's Quarterly Federal Tax Return) are used for this purpose.

Investment and Retirement Account Forms: These forms are used to report investment income, capital gains, and losses, as well as contributions and distributions from retirement accounts. Examples include Form 1099-DIV (Dividends and Distributions) and Form 5498 (IRA Contribution Information).

Estate and Gift Tax Forms: When a person passes away or makes significant gifts, specific forms such as Form 706 (United States Estate (and Generation-Skipping Transfer) Tax Return) and Form 709 (United States Gift (and Generation-Skipping Transfer) Tax Return) are used to report and calculate any applicable estate or gift taxes.

It is important to note that tax laws and forms can change over time, so individuals and businesses should consult the relevant tax authority or seek professional tax advice to ensure compliance with the current requirements.

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