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Cynthia Love

PFIC investments - best strategy to minimize tax implications now

Hello everyone, I recently became a US resident alien (as of January 1st, 2024). While reviewing my investment accounts, I stumbled across this thing called PFICs and now I'm kind of freaking out about the tax implications. I currently have about 6,300 euros invested in an Amundi MSCI World CW8 ETF through my French brokerage account. This is my only ETF holding. I purchased around 3,400 euros worth in summer 2023 and another 2,000 euros in April 2024. The unrealized gain is approximately 900 euros at this point. I'm trying to figure out the best approach to minimize the tax headache for the 2024 tax year (filing in 2025). Here are my main questions: - How complicated will Form 8621 be next year? Is it as bad as everyone says? - Should I just sell everything now to avoid the PFIC nightmare? - How exactly do I make the Mark-to-Market election? I've read it's the best option but don't understand the process - Do I need to contact the IRS immediately about anything? I already filed my 2023 taxes as a non-resident alien - Does it matter that my ETF automatically reinvests dividends? Are those considered distributions? (It's a synthetic ETF) I also own about 1,800 euros in stock of a publicly traded manufacturing company (not a PFIC). Should I liquidate this too? From what I understand, regular stocks are much simpler to report. Any advice would be greatly appreciated while I work on finding a professional. Thanks!

The PFIC rules are definitely complex, but don't panic! Let me break this down in simple terms. Form 8621 is time-consuming but manageable for your situation since you only have one ETF. The complexity comes from the calculations and tracking, not the form itself. If your unrealized gain is only 900 euros, selling now might be the cleanest solution. You'd report a small capital gain and avoid the PFIC reporting altogether. The tax hit would be relatively minor compared to the ongoing PFIC reporting requirements. For the Mark-to-Market (MTM) election, you'd make this on your first tax return that includes the PFIC by attaching a statement with specific information about the fund and checking the appropriate box on Form 8621. This election needs to be made by the due date of your return, including extensions. No need to contact the IRS right now. This will all be handled when you file your 2024 taxes. For your ETF, reinvested dividends in a synthetic ETF are typically not considered distributions for PFIC purposes, but this depends on the exact structure. This is something a tax professional should verify based on the specific fund. Regarding your non-PFIC stock, regular publicly traded stocks are indeed much simpler to report - just capital gains/losses and dividends on your regular return. No need to sell just for tax simplification.

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Thanks for explaining! I'm worried about timing though. If I sell now in October 2024, will that completely eliminate my need to file Form 8621 for the 2024 tax year? Or do I still need to file it since I owned the PFIC for part of the year?

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If you sell now in October 2024, you would still need to file Form 8621 for the 2024 tax year because you owned the PFIC during part of the tax year. However, the form would be much simpler because you'd just be reporting the disposition of the PFIC rather than ongoing ownership. The good news is that selling now prevents future years of PFIC reporting and complex calculations, so it's still beneficial from a paperwork perspective. You'd only deal with this form once instead of every year you own the investment.

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I dealt with PFICs last year and it was a nightmare until I found https://taxr.ai - they literally saved me hours of frustration. I had several foreign mutual funds that qualified as PFICs and their system automatically identified them and calculated everything I needed for Form 8621. You upload your foreign investment statements and it analyzes everything - identifying which investments are PFICs, calculating your gains properly, and generating the completed forms. It even helps with making the MTM election with the proper statement formatting. For someone in your situation with just one PFIC, it could save you a lot of headache, especially if you decide to keep the investment rather than sell.

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Does it work with French brokerages specifically? I have BNP Paribas and their statements are all in French. Would taxr.ai be able to handle that?

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I've heard the MTM election is irrevocable - does the tool help you decide if it's actually the right choice for your situation? I'm worried about making permanent tax decisions without understanding all the implications.

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Yes, it definitely works with French brokerages! I actually had accounts with Société Générale and it handled the French statements without any issues. It translates the key information and properly categorizes everything. The tool does provide guidance on whether MTM is right for your situation. It shows you a comparison between the different PFIC reporting methods (MTM, QEF, and Section 1291) and estimates the tax impact of each. It explains that MTM is generally better for appreciating assets but might not be ideal for all situations. You still make the final decision, but with much better information to base it on.

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I wanted to update everyone - I ended up using taxr.ai after seeing it mentioned here, and it was seriously helpful with my PFIC situation. My BNP Paribas statements were no problem at all, and it identified my Amundi ETF as a PFIC automatically. The comparison feature showed me that MTM was definitely the best choice for my situation, and it generated all the statements I needed to make the election properly. For anyone facing PFIC issues with European investments, it's definitely worth checking out. Saved me from having to sell investments I wanted to keep long-term just because of the tax paperwork nightmare.

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I've been dealing with PFICs for years and one thing nobody talks about enough is how impossible it is to get clear guidance from the IRS on these foreign investment issues. I spent WEEKS trying to reach someone at the IRS who could answer specific PFIC questions - constantly on hold, transferred between departments, disconnected calls. Finally tried https://claimyr.com after seeing it recommended in another tax thread. They got me connected to an actual IRS agent who specializes in international tax issues within 45 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed that for my situation (similar to yours), selling was actually the best option if the gains were minimal, and clarified exactly how to report the sale. Saved me from making a bigger mistake by trying to keep the investments.

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How does this actually work? Do they just call the IRS for you or something? I don't understand how they can get through when nobody else can.

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Sounds like BS honestly. I've tried everything to get through to the IRS about international tax issues. No way some service can magically connect you when the IRS phone lines are constantly jammed. Probably just paid to give good reviews.

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They use a system that navigates the IRS phone tree and waits on hold for you. When they reach a live person, they call you and connect you directly to the agent. It's not that they have special access to the IRS - they just handle the frustrating waiting process so you don't have to sit on hold for hours. They definitely don't call the IRS "for you" - you have the actual conversation with the IRS agent yourself. They just handle the connection part. Worth every penny when you need to speak to a human at the IRS about complicated international tax situations where the guidance online is confusing or contradictory.

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Ok I need to eat my words from yesterday. After posting that skeptical comment, I decided to try Claimyr because I was desperate to get clarity on my own PFIC situation before making any decisions. It actually worked exactly as described. After 3 previous attempts where I gave up after 1+ hour on hold, I got connected to an IRS international tax specialist in about 35 minutes. The agent confirmed that my understanding of the PFIC reporting requirements was incorrect, and I would have made a costly mistake without that clarification. For anyone dealing with PFICs or other international tax complexities where you need official guidance, being able to actually speak with the IRS is invaluable. Definitely worth trying if you're stuck.

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As someone who moved to the US from Europe 3 years ago with several PFICs, here's my practical advice: 1. If your unrealized gain is only 900 euros, just sell now. The tax hit will be minimal and you avoid the ongoing PFIC nightmare. 2. The 1,800 euros of regular stock is no big deal - just report it on Schedule B (if it pays dividends) and eventually on Schedule D when you sell. Don't liquidate it just for tax simplification. 3. Going forward, NEVER buy foreign mutual funds or ETFs through non-US brokerages. Either use a US brokerage account or buy individual foreign stocks directly. 4. If you're determined to keep the PFIC, definitely go with the MTM election, but understand it requires annual calculations and reporting. The biggest mistake I made was thinking I could manage this myself the first year. Paid way more to fix my mistakes than I would have paying for proper help from the beginning.

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Thanks for the practical advice! So if I sell now in October 2024, will I still need to deal with Form 8621 for my 2024 taxes? Or does selling completely eliminate the need to file that form?

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You'll still need to file Form 8621 for 2024 even if you sell now, but it will be much simpler. You'll just report the disposition (sale) of the PFIC rather than dealing with ongoing ownership calculations. This will be your only Form 8621 filing, then you're done forever with PFIC reporting (assuming you don't buy more foreign funds). When you file, you'll need your purchase dates and amounts, sale date and amount, and you'll calculate the gain. Since you became a resident alien in 2024, only the appreciation that occurred while you were a US person is taxable, which makes your situation a bit more complex but still manageable.

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Are you sure this Amundi ETF is actually a PFIC? Not all foreign ETFs are automatically PFICs. The fund has to meet either the income test (75% or more passive income) or asset test (50% or more assets producing passive income). European UCITS ETFs tracking stock indices often qualify as PFICs, but it's worth confirming before you make any decisions. Sometimes people panic and sell investments unnecessarily.

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That's a good point! I assumed it was a PFIC because it's a European ETF tracking the MSCI World index. How can I confirm for sure whether it meets the PFIC criteria? The fund documentation doesn't specifically mention PFIC status anywhere.

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Unfortunately, foreign funds rarely state their PFIC status in their documentation because they're not designed for US investors. You'll need to analyze the fund's holdings and income. You can look at the fund's annual report and analyze what percentage of its income comes from passive sources (dividends, interest, capital gains) versus active business operations. For an MSCI World tracker like Amundi CW8, it's almost certainly going to be classified as a PFIC because it's primarily investing in stocks and receiving dividend income, which is considered passive. Another approach is to contact the fund provider directly, but in my experience with European fund companies, they often don't understand or track this US tax classification. Your best bet is to assume it's a PFIC or have a tax professional confirm based on the fund's financial statements.

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I'm in a very similar situation - became a US tax resident in 2024 and just discovered I have PFICs in my European portfolio. Reading through all these responses has been incredibly helpful! One thing I want to add based on my research: if you do decide to sell now, make sure you understand the "dual status" tax year implications. Since you became a resident alien on January 1, 2024, your entire 2024 tax year is treated as a resident year for PFIC purposes, but there might be some complexities around when exactly the gains are taxable. Also, regarding the reinvested dividends in your synthetic ETF - this is actually more complicated than mentioned above. Synthetic ETFs use derivatives to track the index rather than owning the underlying stocks directly. The tax treatment can be quite different from physical ETFs, and the "distribution" question depends on the specific swap structure used by Amundi. I'd strongly recommend getting professional help before making the MTM election. It's not just about the current year - once you make that election, you're locked into marking the investment to market every year until you sell it. If the investment starts declining in value, you could end up with some weird tax situations. Has anyone here dealt specifically with Amundi ETFs and their synthetic replication structure for US tax purposes?

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Great point about the dual status implications! I'm also dealing with this as a new resident alien. Regarding synthetic ETFs, I've been researching this too and it seems like the swap structure makes things even more complex. From what I understand, synthetic ETFs using total return swaps might not generate traditional "distributions" that trigger current taxation, but the IRS still treats the underlying economic returns as PFIC income. The tricky part is that with synthetic replication, you're not actually owning the underlying stocks - you own shares in a fund that has a swap agreement with a counterparty. This creates additional layers of complexity for PFIC reporting that most online resources don't adequately address. I haven't found anyone specifically discussing Amundi's synthetic structure for US tax purposes either. Given how specialized this is, it really seems like professional help is essential rather than trying to navigate this solo. One more consideration - if the MTM election locks you in, wouldn't it make sense to model out a few different market scenarios before deciding? Like what happens to your tax liability if the ETF drops 20% next year after making the election?

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I've been following this thread closely as someone who went through a similar PFIC situation last year. A few additional points that might help: First, regarding the timing question several people asked - yes, you'll still need Form 8621 for 2024 even if you sell in October, but as others mentioned, it's a one-time filing for the disposition rather than ongoing annual reporting. Second, about synthetic ETFs and Amundi specifically - I dealt with this exact issue. Amundi's synthetic ETFs typically use unfunded swaps, which means the fund doesn't actually own the underlying securities but has a derivative contract. For PFIC purposes, this doesn't change the fundamental classification - it's still likely a PFIC - but it does complicate the distribution analysis. The IRS generally looks through to the economic substance, so synthetic replication doesn't provide an escape from PFIC treatment. One thing I wish someone had told me earlier: if you're planning to continue investing while living in the US, consider this a learning experience. European ETFs, even the good ones like Amundi CW8, become tax-inefficient for US residents due to PFIC rules. After I sorted out my existing holdings, I moved all new investments to US-domiciled equivalents like VTI or VTIAX, which track similar indices without the PFIC complications. Given your relatively small unrealized gain (900 euros), selling now and reinvesting in US equivalents might be your cleanest path forward. The tax hit is manageable and you avoid years of complex reporting.

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