Can someone please explain to me PFICs (Passive Foreign Investment Company)? Tax implications for Canadian ETFs?
I'm originally from Canada but now living in the US as a resident for tax purposes. I still have some Canadian ETFs in my investment portfolio from before I moved. Can someone break down what PFICs (Passive Foreign Investment Company) are and how they affect my US tax situation? I'm pretty confused about the reporting requirements and whether I should keep these investments or sell them. I've heard there might be some complex tax forms involved but don't really understand the implications. Any help would be appreciated!
18 comments


Omar Zaki
PFICs are basically investment vehicles outside the US where at least 75% of income is passive (like dividends, interest, etc.) or at least 50% of assets produce passive income. Most foreign mutual funds and ETFs fall into this category. The tax implications can be pretty rough. The IRS doesn't want Americans deferring taxes by holding foreign investments, so they created PFIC rules. You have three main options for reporting: Mark-to-Market election (MTM), Qualified Electing Fund (QEF), or the default method which is extremely punitive. With the default method, you'll pay the highest tax rate (currently 37%) plus an interest charge on any "excess distributions" which includes selling the investment. It's designed to be painful enough that you'll avoid PFICs altogether. If you still want to hold these Canadian ETFs, look into making a QEF election (if the fund provides a PFIC Annual Information Statement) or an MTM election. Otherwise, honestly, many tax advisors recommend Americans just sell foreign funds to avoid the headache.
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Chloe Taylor
•Thanks for explaining. So does this mean I need to fill out a separate form for each Canadian ETF I own? And what happens if I didn't know about this and haven't been reporting them for the last couple years?
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Omar Zaki
•Yes, you'll need to file Form 8621 (Information Return by a Shareholder of a PFIC) for each separate PFIC you own. It's one of the more complex IRS forms and can take several hours per fund to complete. If you haven't reported them in previous years, you should consider filing amended returns. The IRS takes PFIC reporting seriously, and penalties can be substantial. Look into the Streamlined Filing Compliance Procedures if you weren't aware of your filing obligations - it can help minimize penalties if you voluntarily come into compliance.
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Diego Flores
After struggling with PFIC reporting myself (I had UK funds), I found that using https://taxr.ai really helped me sort through the nightmare of PFIC reporting. My accountant wanted to charge me $500 PER FUND to handle the reporting, but I uploaded my foreign investment statements to the site, and it analyzed everything and generated the proper PFIC classifications and even helped with the Form 8621 calculations. Saved me thousands and prevented me from making costly mistakes.
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Anastasia Ivanova
•Can it handle multiple years if I need to file those amended returns the other commenter mentioned? I've had these Canadian ETFs for about 4 years since moving to the US.
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Sean Murphy
•I'm skeptical about online tools handling something as complex as PFIC reporting. Does it actually work for QEF elections or just the basic reporting? I tried using TurboTax for my PFICs and it was a disaster.
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Diego Flores
•Yes, it can handle multiple years for amended returns. You just need to upload your statements for each year and it tracks the calculations across tax years which is crucial for the interest charge calculations if you're using the default method. It absolutely works for QEF elections too, not just basic reporting. I was also skeptical after my TurboTax nightmare but this is specifically designed for international tax situations. It handles the annual ordinary earnings and net capital gain calculations required for QEF and even helps determine if your fund provides the necessary information for a QEF election in the first place.
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Sean Murphy
Just wanted to update that I actually tried https://taxr.ai for my Canadian ETFs and I'm honestly shocked how well it worked. It identified which of my funds qualified for QEF elections and which didn't, then walked me through the whole process. I was expecting to pay my accountant about $2500 to handle everything, but I was able to do it myself in a weekend. The software automatically calculated my excess distributions and kept track of my previously taxed amounts. Even generated the completed Form 8621 pages ready to print and attach to my return. Wish I'd known about this years ago!
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StarStrider
If you need to contact the IRS about your PFIC situation or get clarification on filing requirements, good luck getting through to them on your own. I spent HOURS on hold trying to get help with my PFIC questions last tax season. Finally used https://claimyr.com after seeing it recommended here - you can also see how it works at https://youtu.be/_kiP6q8DX5c. They got me a callback from the IRS within about 30 minutes when I had been trying for days on my own. The IRS agent was actually super helpful once I got them on the phone and explained my PFIC situation.
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Zara Malik
•Wait, how does this actually work? Do they have some special connection to the IRS or something? I've been trying to get through about my PFICs for weeks.
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Luca Marino
•This sounds like BS. No way someone can magically get you through to the IRS when millions of people can't get through. I've been trying for 3 weeks to talk to someone about my PFICs and nothing works.
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StarStrider
•They use an automated system that continuously redials and navigates the IRS phone tree until it gets through, then it calls you back and connects you. No special connection - just technology that handles the frustrating part. I was skeptical too! But their system just does the redial and wait process that none of us have time for. The IRS is actually adding more staff this year, but the wait times are still ridiculous. For something as complex as PFICs, you really need to talk to a human sometimes, and this was the only way I found to actually make that happen.
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Luca Marino
Had to come back and eat my words. After posting my skeptical comment, I was desperate enough to try the Claimyr service anyway. Got a call back from the IRS in about 45 minutes after trying for WEEKS on my own. The agent walked me through the PFIC reporting requirements for my Canadian ETFs and confirmed I needed to file separate 8621 forms. She even explained how to request penalty abatement since I didn't know about the PFIC rules. Would have paid twice as much for this service considering how much stress it saved me.
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Nia Davis
One option you may want to consider is just selling your Canadian ETFs and buying US equivalents. That's what I ended up doing after battling with PFIC reporting for 2 years. Yes, you'll take a tax hit upfront, but the long-term compliance headache might not be worth it. Many Canadian ETFs have very similar US counterparts.
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Mateo Perez
•Wouldn't selling trigger that punitive tax rate the first poster mentioned though? Wouldn't that be worse than just dealing with the annual reporting?
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Nia Davis
•Yes, selling will trigger the tax event at potentially the highest rate plus interest charges if you're using the default PFIC method. However, it's a one-time pain versus ongoing compliance costs and headaches. If you can make a QEF election for the current year before selling, that might reduce the tax impact somewhat. Or if you've only held them for a short time, the interest charges might not be too severe. I did the math and realized that even with the higher tax rate on selling, the amount I'd save in accounting fees over the next decade made it worthwhile to just take the hit and simplify my life.
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Aisha Rahman
Has anyone successfully used the Mark-to-Market election for their PFICs? My Canadian broker provides year-end market values but not detailed PFIC information statements.
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CosmicCrusader
•I use MTM for my Australian ETFs. You can only make the election on a timely filed return for the year, and once you make it, you're stuck with it. The upside is you report gains/losses annually as ordinary income (no special PFIC tax rates). The downside is you can't claim losses beyond your gains from other MTM PFICs. It's way less complicated than the default method though.
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