What is a passive foreign investment company (PFIC)?

A PFIC is a foreign corporation that meets the following criteria: (1) at least 50% of its income is passive income; or (2) it is engaged in the business of investing, reinvesting, owning, holding, or trading in certain types of passive assets. U.S. shareholders of PFICs may be subject to special tax rules and restrictions on their ability to defer taxes on foreign income.

What is an electing fund?

An electing fund is a PFIC that has elected out of the PFIC status. By making this election, the fund becomes a non-PFIC and its shareholders can defer income tax on their pro rata shares of the fund's passive income until such income is distributed as a dividend or otherwise becomes subject to tax.

What information is required on Schedule H of Form 965 (Rev. 01-2021)?

Schedule H of Form 965 (Rev. 01-2021) is used to report section 965(a) inclusions and related deductions for each separate category of income, as well as the foreign taxes paid or deemed paid with respect to those inclusions.

What is a deferral CFC?

A deferral CFC is a controlled foreign corporation that meets both of the following requirements: (1) it is not a passive foreign investment company (PFIC); and (2) it has not been a PFIC in any year when the U.S. shareholder held at least 25% ownership. Deferral CFCs are named because their earnings can be deferred until they become subject to tax.

A Qualified Foreign Equity (QFE) is a foreign corporation that is considered an equity interest in another corporation. A U.S. shareholder of a QEF can make an election to include the foreign corporation's income, deductions, credits, and losses in their income for tax purposes, allowing them to defer taxes on certain passive income until it is distributed as a dividend or otherwise becomes subject to tax.

A Qualified Business Activities (QBA) election allows a U.S. shareholder of a foreign corporation that is not a PFIC to defer income tax on certain passive income earned through the active conduct of a trade or business. To make this election, the foreign corporation must meet specific requirements and the U.S. shareholder must file Form 965 to elect in.

A Controlled Foreign Corporation (CFC) is a foreign corporation in which a U.S. person (such as an individual, partnership, or corporation) owns, directly or indirectly, 25% or more of the voting power or value of the corporation's stock. The U.S. shareholder can be subject to tax on the foreign corporation's income and may have to file Form 965.

What is the purpose of the applicable percentage from a U.S. shareholder pass-through entity on Schedule H of Form 965 (Rev. 01-2021)?

The applicable percentage from a U.S. shareholder pass-through entity on Schedule H of Form 965 (Rev. 01-2021) is used to determine the amount of disallowed taxes with respect to foreign taxes deemed paid in connection with the section 965(a) inclusions from that entity.

What are separate categories of income on Schedule H of Form 965 (Rev. 01-2021)?

Separate categories of income on Schedule H of Form 965 (Rev. 01-2021) include general category income, passive category income, and specific categories of income (such as section 965(c) deductions).

Who needs to file Form 965 (Rev. 01-2021)?

U.S. taxpayers, including corporations and individuals, who have section 951(a)(1), 951A, or 965(a) inclusions during the tax year are required to file Form 965 (Rev. 01-2021).

What is the purpose of Form 965 (Rev. 01-2021) and when should it be filed?

Form 965 (Rev. 01-2021) is used by U.S. taxpayers, including corporations and individuals, to report sections 951(a)(1), 951A, and 965(a) inclusions in their income. This form should be filed with the annual income tax return for the tax year that includes the inclusion amounts.

Do I need to file Form 965 for 2020?

If you were a U.S. shareholder of a controlled foreign corporation (CFC) during the 2020 tax year and such CFC was a deferral CFC, then yes, you need to file Form 965 for that year. You may also need to file Form 965 if there have been changes in your ownership or income from the CFC since the previous tax year.

Form 965

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Inclusion of Deferred Foreign Income Upon Transition to Participation Exemption System

Rev. January 2021

[Form 965] This document is instructions for filing Form 965 with the Internal Revenue Service (IRS) related to the inclusion of deferred foreign income upon transition to the participation exemption system. For tax years beginning in 2020, Part I requires filers to report section 965(a) inclusions from pass-throughs and enter the sum on their tax return accordingly. Corporations should enter the total on Form 1120, Schedule C, line 15, column (a). All others see instructions. Part II requires reporting of the 2020 tax year section 965(c) deduction from pass-throughs and entering the sum on the tax return accordingly. Corporations should enter the total on Form 1120, Schedule C, line 15, column (c). Part III includes yes/no questions regarding various elections related to tax liabilities.

Instructions

Form 965 Instructions - Instructions for Form 965, Inclusion of Deferred Foreign Income Upon Transition to Participation Exemption System

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FAQ

What is a passive foreign investment company (PFIC)?
A PFIC is a foreign corporation that meets the following criteria: (1) at least 50% of its income is passive income; or (2) it is engaged in the business of investing, reinvesting, owning, holding, or trading in certain types of passive assets. U.S. shareholders of PFICs may be subject to special tax rules and restrictions on their ability to defer taxes on foreign income.
What is an electing fund?
An electing fund is a PFIC that has elected out of the PFIC status. By making this election, the fund becomes a non-PFIC and its shareholders can defer income tax on their pro rata shares of the fund's passive income until such income is distributed as a dividend or otherwise becomes subject to tax.
What information is required on Schedule H of Form 965 (Rev. 01-2021)?
Schedule H of Form 965 (Rev. 01-2021) is used to report section 965(a) inclusions and related deductions for each separate category of income, as well as the foreign taxes paid or deemed paid with respect to those inclusions.
What is a deferral CFC?
A deferral CFC is a controlled foreign corporation that meets both of the following requirements: (1) it is not a passive foreign investment company (PFIC); and (2) it has not been a PFIC in any year when the U.S. shareholder held at least 25% ownership. Deferral CFCs are named because their earnings can be deferred until they become subject to tax.
What is a QEF?
A Qualified Foreign Equity (QFE) is a foreign corporation that is considered an equity interest in another corporation. A U.S. shareholder of a QEF can make an election to include the foreign corporation's income, deductions, credits, and losses in their income for tax purposes, allowing them to defer taxes on certain passive income until it is distributed as a dividend or otherwise becomes subject to tax.
What is a QBA?
A Qualified Business Activities (QBA) election allows a U.S. shareholder of a foreign corporation that is not a PFIC to defer income tax on certain passive income earned through the active conduct of a trade or business. To make this election, the foreign corporation must meet specific requirements and the U.S. shareholder must file Form 965 to elect in.
What is a CFC?
A Controlled Foreign Corporation (CFC) is a foreign corporation in which a U.S. person (such as an individual, partnership, or corporation) owns, directly or indirectly, 25% or more of the voting power or value of the corporation's stock. The U.S. shareholder can be subject to tax on the foreign corporation's income and may have to file Form 965.
What is the purpose of the applicable percentage from a U.S. shareholder pass-through entity on Schedule H of Form 965 (Rev. 01-2021)?
The applicable percentage from a U.S. shareholder pass-through entity on Schedule H of Form 965 (Rev. 01-2021) is used to determine the amount of disallowed taxes with respect to foreign taxes deemed paid in connection with the section 965(a) inclusions from that entity.
What are separate categories of income on Schedule H of Form 965 (Rev. 01-2021)?
Separate categories of income on Schedule H of Form 965 (Rev. 01-2021) include general category income, passive category income, and specific categories of income (such as section 965(c) deductions).
Who needs to file Form 965 (Rev. 01-2021)?
U.S. taxpayers, including corporations and individuals, who have section 951(a)(1), 951A, or 965(a) inclusions during the tax year are required to file Form 965 (Rev. 01-2021).
What is the purpose of Form 965 (Rev. 01-2021) and when should it be filed?
Form 965 (Rev. 01-2021) is used by U.S. taxpayers, including corporations and individuals, to report sections 951(a)(1), 951A, and 965(a) inclusions in their income. This form should be filed with the annual income tax return for the tax year that includes the inclusion amounts.
Do I need to file Form 965 for 2020?
If you were a U.S. shareholder of a controlled foreign corporation (CFC) during the 2020 tax year and such CFC was a deferral CFC, then yes, you need to file Form 965 for that year. You may also need to file Form 965 if there have been changes in your ownership or income from the CFC since the previous tax year.

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ABOUT

Internal Revenue Service (IRS) Forms

Form 965 is one of the official tax forms used in the United States to report income, claim deductions and credits, calculate tax liability, and fulfill other tax-related obligations. The IRS is the federal agency responsible for administering and enforcing the internal revenue laws in the United States.

Here are some examples of Internal Revenue Service forms:

Form 1040: This is the primary individual income tax return form used by most taxpayers. It is used to report various types of income, claim deductions and credits, calculate tax liability, and determine whether a taxpayer owes additional tax or is entitled to a refund.

Form 1099: There are different variations of Form 1099, such as 1099-MISC, 1099-INT, 1099-DIV, etc. These forms are used to report income received by individuals or businesses from various sources other than employment, such as self-employment income, interest income, dividend income, and rental income.

Form W-2: This form is used by employers to report wages paid to employees and the taxes withheld from their pay. Employees use the information on Form W-2 to complete their individual tax returns.

Form 941: Employers use this form to report employment taxes, including federal income tax withheld, Social Security tax, and Medicare tax, for their employees.

Form 1065: This form is used by partnerships to report their income, deductions, and tax liability. Partnerships themselves do not pay income tax; instead, the partners report their share of partnership income on their individual tax returns.

Form 1120: This is the corporate income tax return form used by C corporations to report their income, deductions, and tax liability.

Form 990: This form is used by tax-exempt organizations, such as nonprofits and charities, to report their financial information, activities, and compliance with tax laws.

Form 8862: This form is used by taxpayers who previously claimed the Earned Income Tax Credit (EITC) but had it disallowed, and now want to claim it again.

These are just a few examples of the numerous IRS forms that exist to fulfill various tax-related obligations. The specific forms required for an individual or business depend on their unique circumstances, income sources, and deductions. It's advisable to consult the official website of the Internal Revenue Service (www.irs.gov) or seek professional tax advice to obtain accurate and up-to-date information regarding the specific IRS forms relevant to your tax situation.

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