Sec. 1.1298-0 Passive foreign investment company – table of contents.
This section contains a listing of the paragraph headings for §§1.1298-1, 1.1298-2, 1.1298-3, and 1.1298-4.
§ 1.1298-1 Section 1298(f) annual reporting requirements for United States persons that are shareholders of a passive foreign investment company.
(a) Overview.
(b) Requirement to file.
(1) General rule.
(2) Additional requirement to file for certain indirect shareholders.
(i) General rule.
(ii) Exception to indirect shareholder reporting for certain QEF inclusions and MTM inclusions.
(3) Special rules for estates and trusts.
(i) Domestic liquidating trusts and fixed investment trusts.
(ii) Beneficiaries of foreign estates and trusts.
(c) Exceptions.
(1) Exception if shareholder is a tax-exempt entity.
(2) Exception if aggregate value of shareholder’s PFIC stock is $25,000 or less, or value of shareholder’s indirect PFIC stock is $5,000 or less.
(i) General rule.
(ii) Determination of the $25,000 threshold in the case of indirect ownership.
(iii) Application of the $25,000 exception to shareholders who file a joint return.
(iv) Reliance on periodic account statements.
(3) Exception for PFIC stock marked to market under a provision other than section 1296.
(4) Exception for PFIC stock held through certain foreign pension funds.
(5) Exception for certain shareholders who are dual resident taxpayers.
(i) General rule.
(ii) Dual resident taxpayer filing as nonresident alien at end of taxable year.
(iii) Dual resident taxpayer filing as resident alien at end of taxable year.
(6) Exception for certain domestic partnerships.
(7) Exception for certain short-term ownership of PFIC stock.
(8) Exception for certain bona fide residents of U.S. territories.
(9) Exception for taxable years ending before December 31, 2013.
(d) Time and manner for filing.
(e) Separate annual report for each PFIC.
(1) General rule.
(2) Special rule for shareholders who file a joint return.
(f) Coordination rule.
(g) Examples.
(h) Applicability date.
§1.1298-2 Rules for certain corporations changing businesses.
(a) Overview.
(b) Change of business exception.
(c) Special rules.
(d) Disposition of stock in a look-through subsidiary or partnership interests in a look-through partnership.
(e) Application of change of business exception.
(f) Examples.
(1) Example 1.
(i) Facts
(ii) Results.
(2) Example 2.
(i) Facts
(ii) Results.
(g) Applicability date.
§ 1.1298-3 Deemed sale or deemed dividend election by a U.S. person that is a shareholder of a former PFIC.
(a) In general.
(b) Application of deemed sale election rules.
(1) Eligibility to make the deemed sale election.
(2) Effect of the deemed sale election.
(3) Time for making the deemed sale election.
(4) Manner of making the deemed sale election.
(5) Adjustments to basis.
(6) Treatment of holding period.
(c) Application of deemed dividend election rules.
(1) Eligibility to make the deemed dividend election.
(2) Effect of the deemed dividend election.
(3) Post-1986 earnings and profits defined.
(4) Time for making the deemed dividend election.
(5) Manner of making the deemed dividend election.
(6) Adjustments to basis.
(7) Treatment of holding period.
(8) Coordination with section 959(e).
(d) Termination date.
(e) Late purging elections requiring special consent.
(1) In general.
(2) Prejudice to the interests of the U.S. government.
(3) Procedural requirements.
(4) Time and manner of making late election.
(5) Multiple late elections.
(f) Effective/applicability date.
§1.1298-4 Rules for certain foreign corporations owning stock in 25-percent-owned domestic corporations.
(a) Overview.
(b) Treatment of certain foreign corporations owning stock in a 25-percent-owned domestic corporation.
(1) General rule.
(2) Qualified stock and second-tier domestic corporation.
(c) Indirect ownership of stock through a partnership.
(d) Section 531 tax.
(1) Subject to section 531 tax.
(2) Waiver of treaty benefits.
(i) Tested foreign corporation that files, or is required to file, a Federal income tax return.
(ii) Tested foreign corporation that is not required to file a Federal income tax return.
(e) Anti-abuse rule.
(1) General rule.
(2) [Reserved].
(3) [Reserved].
(f) Applicability date.
[Added T.D. 9231, 70 FR 72914-72917, Dec. 8, 2005. Revised by T.D. 9360, 72 FR 54820-54825, Sept. 27, 2007; amended by T.D. 9806, 81 FR 95459-95470, Dec. 28, 2016; T.D. 9936, 86 FR 4516-4579, Jan. 15, 2021.]
