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Are there ACTUALLY legitimate exemptions for filing Form 8621 for PFICs?

I recently found myself in a frustrating situation with my investments. I'm a US taxpayer (qualify through the substantial presence test for 2024) but now living back in my home country of Australia. Back in August, I invested about $65 in some foreign mutual funds through my local broker. I had no idea about the whole PFIC nightmare until I started looking into my tax obligations. Now I'm dealing with this Form 8621 requirement and it seems ridiculously complicated for such a small investment. I've been trying to make sense of the IRS instructions for Form 8621, which mentions something about a "$25,000 exception" on the last day of the tax year and not receiving excess distributions or recognizing gain on sale. The specific text says: "A shareholder is not required to complete Part I with respect to a specific section 1291 fund if the shareholder meets the $25,000 exception on the last day of the shareholder's tax year and the shareholder does not receive an excess distribution from, or recognize gain on the sale or disposition of the stock of, the section 1291 fund." But this seems to only exempt me from Part I of the form, not the entire thing? I'm confused because some people online claim there are exemptions, but the actual IRS instructions don't seem to fully back that up. So my questions are: 1. Am I understanding correctly that I still need to file Form 8621 even though my investment is well below $25,000? 2. Would it make more sense to just sell these funds now and pay whatever tax hits me (even if it's 50% of $65), or should I hold them through the year to avoid excess distributions (though I can't control if they issue dividends)? 3. Has anyone here filed this form before and can recommend a CPA who specializes in cross-border taxation, particularly with PFICs? This form looks way beyond my capabilities. Thanks for any guidance - this whole PFIC situation seems like massive overkill for such a tiny investment.

Connor Murphy

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I went through almost the exact same situation last year with a small foreign fund investment that I had no idea would create such a tax nightmare. After lots of research and consulting with a tax professional, here's what I learned: You're correct that the $25,000 exemption applies to the ENTIRE Form 8621, not just Part I. The key is in Treasury Regulation 1.1298-1(c)(2) which provides complete relief from filing if you meet all the criteria. For your $65 investment, assuming you haven't received any distributions or sold any shares, you should qualify for the complete exemption. Just make sure to document this decision in case you're ever questioned. My advice? If you're planning to continue investing internationally, consider switching to US-domiciled international funds (like VTI or VXUS) to avoid future PFIC headaches entirely. The reporting requirements are so disproportionate to small investments that it's often not worth the hassle. Also, keep detailed records of your investment amounts and any distributions (or lack thereof) to support your exemption claim. The IRS burden of proof is on you to show why you didn't file if they ever ask.

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Sean O'Connor

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This is incredibly helpful advice, thank you! I'm definitely leaning toward just documenting my exemption claim and avoiding the Form 8621 filing altogether given the small amount involved. Your point about switching to US-domiciled international funds is spot on - I had no idea this PFIC nightmare existed when I made the investment. It seems like such a basic thing that should be more widely known among expats and international investors. One quick question - when you say "document this decision," what specific documentation would you recommend keeping? Just a simple written note explaining why I believe I qualify for the exemption, or something more formal? And do you know if there's any statute of limitations on how long the IRS could potentially question a decision not to file Form 8621 based on the exemption?

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Landon Morgan

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I've been dealing with PFIC reporting for several years now, and I want to emphasize something important that hasn't been fully addressed here - the documentation piece is absolutely critical. When claiming the $25,000 exemption, you should keep a formal written memo in your tax files explaining: 1. The total value of all PFIC investments on the last day of your tax year 2. A statement that you received no excess distributions 3. A statement that you recognized no gains from sales/dispositions 4. The specific regulation you're relying on (Treasury Reg 1.1298-1(c)(2)) 5. Copies of year-end statements showing investment values Regarding the statute of limitations - generally it's 3 years from when you file your return, but it can be extended to 6 years if the IRS believes you understated income by more than 25%. For PFIC issues specifically, some practitioners argue there's no statute of limitations if you don't file the required forms, though this is debated. One more critical point: Make sure your foreign funds are actually PFICs before stressing about this. Not all foreign mutual funds qualify as PFICs - they need to meet specific income or asset tests. Sometimes what looks like a PFIC nightmare turns out to be a non-issue because the fund doesn't actually meet the PFIC definition. I'd recommend having a qualified international tax professional review your specific situation at least once, even if just for peace of mind. The cost is usually far less than the stress of wondering if you're compliant.

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Paolo Conti

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This is excellent advice about documentation! I'm a newcomer to this community but have been lurking and learning about PFIC issues as a US expat. Your point about creating a formal memo is really smart - I hadn't thought about documenting the reasoning in such detail. One question that occurred to me while reading through all these responses: How do you actually determine if a foreign fund meets the PFIC definition? Is this something the fund company will tell you, or do you need to research it yourself? Some of the funds I'm looking at don't clearly state whether they're PFICs in their documentation. Also, for someone just starting out with international investments, would you recommend proactively consulting with an international tax professional before making any foreign investments, rather than trying to figure it out after the fact like many of us seem to be doing?

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Ellie Simpson

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All of this back filing info is helpful but just be aware there are time limits on claiming refunds! If you're owed money from the IRS, you typically have only 3 years from the original due date to file and claim a refund. So for example, for tax year 2020 (which was due April 2021), you have until April 2024 to file and still get your refund. For 2017, the deadline to claim a refund was April 2021 - if you're filing 2017 now, you can still file the return but you wouldn't get any refund you were owed. Just wanted to mention this since it seems like some people are discussing filing returns from several years back!

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Arjun Kurti

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Oh crap, I didn't know there was a deadline for refunds! Does this apply to tax credits too, like the earned income credit? I have kids and was planning to back file for 2019 to claim that credit.

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Ellie Simpson

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Yes, the same 3-year rule applies to tax credits including the Earned Income Tax Credit. If you're filing for 2019 now in 2024, you're still within the window since the original due date for 2019 taxes was April 15, 2020 (and was actually extended to July 15, 2020 due to COVID). So for 2019, you have until April/July 2023 to claim refunds and credits. But you're getting very close to that deadline, so I would recommend filing as soon as possible to ensure you can still receive any refund or credits you're entitled to.

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Chloe Boulanger

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Just wanted to chime in as someone who went through this exact situation last year. I was trying to back file for 2018 and got so much conflicting information from different sources that I almost gave up. The bottom line is: NO tax software can e-file returns for prior years beyond what the IRS accepts (current year + maybe previous year early in filing season). This is an IRS system limitation, not a software limitation. Both TaxACT and TurboTax will let you prepare old returns online, but you'll have to print and mail them. I ended up using TaxACT because it was cheaper for prior years ($25 vs TurboTax's $60), but the end result was identical - had to mail everything in. One tip: make sure you use certified mail when sending old returns. The IRS processing times for mailed returns can be really long (took 4 months for mine), and you want proof they received it. Also double-check you're mailing to the correct address for your state - it's different than where you'd mail current year returns. Good luck with your 2017 filing!

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Darcy Moore

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Thanks for sharing your experience! The certified mail tip is really helpful - I hadn't thought about that but it makes total sense given how long IRS processing takes. Quick question: when you say the IRS address is different for prior year returns, do you mean it's a completely different address than current year filings, or just that each state has its own specific address? I want to make sure I send my 2017 return to the right place.

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Amara Okonkwo

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I'm a bookkeeper and I see this ALL THE TIME with new S-Corps. Here's a step-by-step approach: 1. Open separate accounts today 2. Print all bank/credit statements since S-Corp formation 3. Create a spreadsheet tracking every transaction 4. Mark each as business or personal 5. Calculate total personal expenses paid from business account 6. Calculate total business expenses paid from personal accounts 7. Do a reconciling transfer to make the accounts whole 8. Set up proper payroll immediately 9. Document EVERYTHING with a memo explaining the situation The worst thing you can do is ignore it. I've helped clients navigate IRS inquiries on this exact issue, and they're much more lenient when you've identified and fixed the problem yourself.

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Giovanni Marino

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Would you recommend using bookkeeping software for the reconstruction or just stick with spreadsheets? I'm in a similar boat and wondering if QuickBooks would make this easier or more complicated.

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Chloe Green

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For reconstruction, I'd actually recommend starting with spreadsheets first to get everything categorized correctly, then importing into QuickBooks once you have clean data. QuickBooks can be overwhelming when you're dealing with messy commingled transactions - it's easier to make mistakes when you're trying to categorize and learn the software at the same time. Once you have your spreadsheet with all transactions properly categorized as business/personal, you can import just the business transactions into QuickBooks and set up proper books going forward. This way you get the benefit of accounting software without the complexity of trying to fix historical mess within the software itself.

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Scarlett Forster

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I went through almost the exact same situation with my S-Corp about 18 months ago. The panic when you realize what a mess you've created is real, but it's absolutely fixable! Here's what worked for me: I immediately opened separate business accounts and stopped all commingling that day. Then I hired a CPA who specializes in S-Corps (not just any accountant - make sure they know S-Corp rules inside and out). We did a full reconstruction of my books going back to the S-Corp election date. The salary issue is critical - you need to get on payroll ASAP. My CPA calculated what my reasonable salary should have been from day one and we did retroactive payroll for the entire period. Yes, I had to pay employment taxes on that amount, but it protected me from much worse penalties if the IRS had discovered it first. One thing that really helped was creating a detailed memo explaining the situation, the steps we took to fix it, and the controls we put in place to prevent it from happening again. Documentation is your friend here. The good news is that the IRS sees this mistake frequently with new S-Corps, and they're generally reasonable if you proactively fix it and can show you took it seriously. Don't let the fear paralyze you - take action now and you'll sleep much better in a few months.

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Emma Davis

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This is such a relief to read! I'm dealing with this exact nightmare right now and have been losing sleep over it. Can I ask how long the whole reconstruction process took with your CPA? I'm worried about the time crunch since we're getting close to year-end. Also, did you face any pushback from the IRS later on, or did the proactive approach really work in your favor?

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Eli Butler

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Just wanted to chime in as someone who went through this exact same confusion a few months ago! The W8-BEN is absolutely essential if you want to invest in US stocks as a UK resident - it's not optional, it's required by your broker. Think of it this way: without the W8-BEN, the US government assumes you're trying to avoid taxes and withholds the full 30%. With the form, they know you're a legitimate UK taxpayer and only withhold 15% thanks to the tax treaty. One thing I wish someone had told me earlier - make sure you keep a copy of your completed form for your own records. Some brokers are terrible at notifying you when it's about to expire, and you definitely don't want to find out the hard way like some people here did! The form itself is pretty straightforward once you realize that your UK National Insurance number goes in the foreign tax ID field. Just remember to use the same name format across all your investment accounts to avoid any headaches later.

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Justin Chang

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This is really helpful! I'm actually in a similar boat - just turned 24 and looking at investing in some US tech stocks. The 15% vs 30% withholding difference definitely makes the W8-BEN worth filling out. Quick question though - do you know if there are any minimum investment amounts where this becomes worthwhile? Like if I'm only investing ยฃ500 initially, is it still worth the paperwork hassle?

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Annabel Kimball

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Absolutely worth it even for smaller amounts! The W8-BEN isn't really "paperwork hassle" - it's literally just a one-page form that takes about 5 minutes to fill out online through your broker's platform. Even with ยฃ500, if you're investing in dividend-paying stocks, that 15% difference adds up over time. Plus, you'll likely be adding more money to your investments as you go, so you want the form in place from the start. Most brokers won't even let you buy US stocks without a valid W8-BEN on file anyway. The bigger question is whether you're planning to hold dividend-paying stocks or just growth stocks. If you're only buying companies like Tesla or Amazon that don't pay dividends, the withholding rate doesn't matter as much. But for companies like Apple, Microsoft, or Coca-Cola that do pay regular dividends, you definitely want that reduced withholding rate!

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As someone who's been through this exact situation, I can confirm that the W8-BEN is absolutely nothing to worry about! I was similarly anxious about anything IRS-related when I first started investing in US stocks at 25. The key thing to understand is that the W8-BEN actually PROTECTS you from having to deal with the IRS directly. Without it, you'd face the full 30% withholding tax on any dividends, and potentially need to file US tax returns to claim refunds. With the form, you get the reduced 15% rate under the UK-US tax treaty and avoid US filing obligations entirely. A few practical tips from my experience: - Keep digital copies of your completed forms - some brokers are rubbish at renewal reminders - Use exactly the same name format across all platforms to avoid complications - Your UK National Insurance number is what goes in the "foreign tax identifying number" field - The form expires every 3 years, so set yourself a calendar reminder The form typically takes less than 10 minutes to complete online through your broker's platform. Given that it can save you hundreds or thousands in unnecessary tax withholding over time, it's absolutely worth doing regardless of your initial investment amount. Don't let the IRS connection scare you - this is standard practice for any non-US investor and millions of us have done it without any issues!

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Zoe Papadakis

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This is exactly the kind of reassurance I needed to hear! I've been putting off filling out the W8-BEN for weeks because I was worried it would somehow flag me to the IRS or create complications down the line. Your point about it actually PROTECTING us from having to deal with the IRS directly really puts things in perspective. I love the practical tips too - especially the one about setting a calendar reminder for the 3-year expiration. That seems like such an obvious thing to do but I probably would have forgotten and ended up like that person who got hit with 30% withholding on their Apple dividends! Quick question - when you say "exactly the same name format across all platforms," do you mean I should use my full legal name as it appears on my passport, or is it okay to use the shortened version I normally go by? I use "Chris" day-to-day but my legal name is "Christopher.

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Javier Morales

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I'm glad I found this thread! I've been dealing with the same confusion about tax calculations. What really helped me understand it was thinking of the tax brackets like climbing stairs - you don't jump straight to the top step (your highest bracket), you climb each step (bracket) one at a time. So for someone making $75K, you're not paying 22% on the whole amount. You pay 10% on the first $13,850, then 12% on the amount from $13,851 to $56,350, and finally 22% only on the portion from $56,351 to $75,000. The Tax Table is basically like having someone else climb those stairs for you and tell you what the total is. Same destination, just saves you the work of calculating each step. I used to think the table was somehow "less accurate" but now I realize it's doing the exact same progressive calculation behind the scenes. Thanks to everyone who explained this so clearly - it's such a relief to finally understand how this actually works!

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Miguel Castro

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I love the stairs analogy! That's such a perfect way to visualize how progressive taxation works. I've been trying to explain this concept to my spouse who was also confused about tax brackets, and that mental image of climbing stairs step-by-step instead of jumping to the top is brilliant. It really does make it clear why someone making $75K isn't actually paying 22% on their entire income - they're only paying that rate on the small portion above $56,350. The bulk of their income gets taxed at the lower 10% and 12% rates from the earlier "steps." Your point about the Tax Table being just as accurate really resonates too. I think a lot of people (myself included) assume that doing calculations manually somehow makes them more "correct," but you're absolutely right that it's the same progressive calculation either way. Definitely going to use that stairs explanation when tax season rolls around again!

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Dyllan Nantx

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As someone who just went through this exact confusion during my first year doing my own taxes, I can confirm that the bracket method you described is 100% correct! The key insight that finally clicked for me was realizing that when people say someone is "in the 24% tax bracket," they're NOT saying that person pays 24% on their entire income. They're just describing the rate that applies to their highest dollars earned. Your $135K example is spot-on with the progressive calculation. What really helped me was actually doing the math both ways - manually calculating each bracket portion versus using the Tax Table for a lower income amount - and seeing that they give identical results. One thing that might help solidify your understanding: try calculating your effective tax rate (total tax รท total income) using your bracket method. You'll see it's significantly lower than your marginal rate, which proves you're not being taxed at one flat percentage on everything. The Tax Table is honestly a godsend for avoiding calculation errors. I made several mistakes my first time doing the bracket math manually, so now I just use whichever method is appropriate for my income level and don't overthink it!

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