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A foreign corporation meets the PFIC criteria if 75% or more of its gross income is passive income. Passive income includes dividends, interest, royalties, rents, and the like.
A passive foreign investment company (PFIC) is a non-US pooled investment company that attributes at least 75% of its gross income as passive income. Alternatively, at least 50% of its assets produce passive income. A PFIC can be taxed by excess distribution, market-to-market, or by using a qualified electing fund.
When determining if a foreign corporation is a PFIC, the foreign corporation is treated as if it directly held its proportionate share of the assets and directly received its proportionate share of the income of any corporation in which it owns at least 25% of the stock (by value). CFC overlap rule.
PFIC Passive Asset Test If, during the taxable year, the average percentage of the foreign corporations assets, which produce passive income or which are held for the production of passive income, is at least 50 percent of total average assets, then the foreign corporation is a PFIC.
The annual PFIC Statements contain reporting information that can enable investors classified as U.S. Persons to make the Qualified Electing Fund (QEF) election for U.S. tax reporting services.
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A PFIC is a non-U.S. corporation that has at least 75% of its gross income considered passive income or at least 50% of the companys assets are investments that produce passive income. Passive income generally includes dividends, interest, rent, royalties and capital gains from the disposition of securities.
A U.S. person that is a direct or indirect shareholder of a passive foreign investment company (PFIC) files Form 8621 if they: Receive certain direct or indirect distributions from a PFIC. Recognize a gain on a direct or indirect disposition of PFIC stock.
In order to meet PFIC status, a foreign firm must have 75% of their gross income be categorized as passive, or more than half of their assets held for passive income generation. Legal Information Institute, Cornell Law School. 26 U.S. Code Sec. 1297.

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