Clarifications On PFIC Rules
"Answers: 1: No, Sections 1291-1298 of the IRC were passed in the Reagan adminstration. 2: Not only can a foreign company like a chocolate company fall afoul of the definition of PFIC because of the ""asset test"", which you cite, but it can also be called a PFIC because of the ""income test"".  For example, I have shares in a development-stage Canadian biotech which is considered a PFIC because it has no income at all, except for a minor amount of bank interest on its working capital.  This company is by no means ""passive"" (it has run 31 clinical trials in over 1100 human research subjects, burning $250M of investor's money in the process) nor is it an ""investment company"", but the stupid IRS considers it to be a ""passive foreign investment company""!  The IRS looks at it and sees only the bank account, and assumes it is a foreign shell corporation set up to shield the bank interest from them. 3: Yes, a foreign mutual fund is EXACTLY what congress intended to be a PFIC when passed IRC 1291-1298.  (Biotechs, candy factories, ect got nailed as innocent bystanders.)  Note that if you hold a US mutual fund then every year you'll get a form 1099 in the mail.  The 1099 will report your share of the mutual fund's own income and capital gains, which you must report on your taxes.  (You can also have capital gains from selling your shares of the mutual fund, but that's a different thing.) Now suppose that there was no PFIC law.  Then the US investors in the mutual fund would do better if the mutual fund were in a foreign country, for two reasons: a) The fund would no longer distribute 1099's.  That means the shareholders wouldn't have to pay tax every year on their proportions of the fund's own income/gains.  The money that would have sooner gone to the IRS can sit around for years earning interest. b) The fund could return profits to shareholders exclusively through capital gains rather than dividends, thus ensuring that all of the investors' income on the fund would be taxed at <15%-20% rather than up to 39%.  The fund could do this by returning cash to shareholders exclusively through buybacks. However, the US mutual fund industry doesn't want to move the industry to Canada, and it only takes a few newspaper articles about a foreign loophole to make congress spring to action. 4) It depends.  If you have a PEDIGREED QEF election in place (as I do for my biotech shares) then form 8621 takes a few minutes by hand.  However, this requires both the company and the investor to fully cooperate with congress's vision for PFICs.  The company cooperates by providing a so-called ""PFIC annual information sheet"", which replaces the 1099 form for a US mutual fund.  The investor cooperates by having a ""QEF election"" in place for EACH AND EVERY TAX YEAR in which he held the stock and by reporting the numbers from the PFIC annual information sheet on his return.  (Note that the QEF election persists once made, until revoked.  There are subtleties here that I am glossing over, since ""deemed sale"" elections and other means may be used to modify a share's holding period to come into compliance.) Note that there is software coming out to handle PFICs, and that the software makers will already run their software to make your form 8621 for $75 or so.  I should also warn you that the blogs of tax accountants and tax lawyers all contradict each other on the basic issue of whether you can take capital losses on PFICs for which you have no form 8621 elections.  (See section 2.3 of my notes http://tinyurl.com/mh9vlnr for commentary on this mess.)  I do not know if the software people will tell you which elections are best made on form 8621, though, or advise you if it's time to simply dump your investment. The professional software is at 8621.com, and the individual 8621 preparation is at http://expattaxtools.com/?page_id=242. BTW, in case you're interested, I wrote up a very careful analysis of how to deal with the PFIC situation for the small biotech I invested in in certain cases. It is posted http://tinyurl.com/mh9vlnr.  (For tax reasons it was quite fortunate that the share price dipped to near an all-time low on Jan 1, 2015, making the (next) 2015 tax year ripe for a so-called ""deemed sale"" election.  This was only possible because the company provides the necessary ""PFIC annual information statements"", which your chocolate factory may or may not do.)" Are these PFIC rules new? No, PFIC rules are not new, they've been around for a very long time. what would that mean if a person owned a non-US company stock, like a   company in Europe that makes chocolate? Is that considered assets that   produces passive income? No. But if a person owned a non-US company stock like a company that holds a company that makes chocolate - that would be passive income. this is non-US mutual funds that hold foreign shares, like a mutual fund in India, not a US fund which owns Indian stocks? Non-US fund. For those of you who are tax advisors, is the time length (30 hours)   true for filing form 8621? I would suggest not to fill this form on your own. Find a tax adviser specializing on providing services to expats, and have her do this. 30 hours for a person who has never dealt with taxes on this level before is probably not enough to learn all about PFIC, the real number is closer to 300 hours. While ZeroHedge article may be a sales pitch, PFIC rules should frighten you if they apply to your investments. Do not take them lightly, as penalties are steep and if you don't plan ahead you may end up paying way too much taxes than you could have.
"In the Income Statement that you've linked to, look for the line labeled ""Net Income"". That's followed by a line labeled ""Preferred Dividends"", which is followed by ""Income Available to Common Excl. Extra Items"" and ""Income Available to Common Incl. Extra Items"". Those last two are the ones to look at. The key is that these lines reflect income minus dividends paid to preferred stockholders (of which there are none here), and that's income that's available to ordinary shareholders, i.e., ""earnings for the common stock""." A Ponzi scheme takes investor money and lies about where it is invested. New investor money is then used to pay dividends to current investors to attract more investors. However there is a fundamental lie as to where the investment is and how much money is under control. The Fed satisfies none of these requirements.  You're pretty confused on the terms. See my post above on how the Fed works. Looks like the result got decided recently, with a little uncertainty about exactly how much is the total allowed claims: http://www.wilmingtontrust.com/gmbondholders/plan_disclosure.html http://www.wilmingtontrust.com/gmbondholders/pdf/GUC_Trust_Agreement.pdf They give the following example: Accordingly, pursuant to Section 5.3 of the GUC Trust Agreement, a holder of a Disputed Claim in the Amount of $2,000,000 that was Allowed in the amount of $1,000,000 (A) as of the end of the first calendar quarter would receive: Corresponding to the Distribution to the Holders of Initial Allowed Claims: Corresponding to the First Quarter Distribution to Holders of Units: Total: "No, Skiffbug is not English.   Second, it's very clear that the type of method considered ""special"" by the tax code is clearly not labor, but capital gains and gains from ""carried interest"".  If you actually take 3 seconds to read my comment, I am saying both should be treated in exactly the same way, and taxed at the same progressive scale." Sorry, I got even more confused. I assumed IC referred to equity only. At least under English accounting practice it's the norm to refer only to equity investment as capital in that context. The debt is listed as both an asset (cash or whatever asset the cash has been put towards) and a liability, cancelling it out. That being the case, the number would be the same, no? it's just a passthrough security essentially.  sofi packages a bunch of loans, refinances them for the student, and you invest in sofi corporate debt as they pass through the returns on the loan to you in the form of bond cpns.  i mean its not exactly the same, but its pretty close Haha, this honestly confuses me more. There is no definitive way to find out before joining the workforce?   I can not join a job right away since working in a family business. Would you say its a gamble if I did CFA before joining the workforce? I was hesitant to answer this question since I don't own MLP even though I'm aware of how they work.  But hear crickets on this question, so here goes.  I'll try to keep this as non technical as possible. MLPs are partnerships where a shareholder is a partner and liable for the partnership's taxes.  MLPs don't pay corporate tax since the tax burden flows to you, the shareholder. So does that mean like a partnership the partners are liable for the company's actions?  Technically, yes. Has it happened before? No. Of course there are limitations to the liability, but are not definitely shielded in a way normal shareholders are.   MLPs issue a K-1 at the beginning of the year (feb/mar).  The tax calculations are relatively complex and I'm not going to go over that in this post. Generally MLPs are a bad choice for tax-deferred accounts like IRAs since there are tax implications beyond certain limits of distribution (yes even out of an IRA you'll have to pay taxes if above the limit). Not all types of businesses can become MLPs (hey no corporate tax, let's form an MLP!) Only companies engaged in businesses related to real estate, commodities or natural resources can become MLPs.  There are a number of MLPs out there.  The largest is Kinder  Morgan Energy Partners. Hope this helps! I think I understand what I am doing wrong.  To provide some clarity, I am trying to determine what the value of a project is to a firm.  To do this I am taking FCF, not including interest or principal payments, and discounting back to get an NPV enterprise value.  I then back off net debt to get to equity value.  I believe what I am doing wrong is that I show that initial $50M as a cash outflow in period 0 and then back it off again when I go from enterprise value to equity value.  Does this make any sense?  Thanks for your help. "The SEC requires a certain format when submitting filings, which generally does not line up with how documents are typeset for printing.  Rather than typeset the entire document again, it's just sort of accepted that the format in EDGAR will suck.  Typesetters actually call the process ""EDGARizing.""  (I'm not making this up, I used to work in the department at a mutual fund company that put together the financial reports for the funds.)  My guess is it's a relic from legacy systems at the SEC that can't handle newer formats like PDF." "That's an example of the Act applying to an adviser to a fund, not a fund being exempt from the Act.  An adviser to a 3(c)7 fund in this case is taking advantage of a safe harbor pertaining to performance-based compensation set forth in the Act.  The reasoning is that a 3(c)7 fund will by definition most likely be comprised of ""qualified clients."" The prohibition does apply to other private funds - such as 3(c)1 funds.  To the extent that their investors are not ""qualified clients,"" they are unable to charge a performance-based fee." What I'm going to write is far too long for a comment, so I'll put it here even though its not an answer. That's the closest thing to an answer you'll get here, I'm afraid. I'm not a tax professional, and you cannot rely on anything I say, as you undoubtedly know. But I'll give you some pointers. Things you should be researching when you have international clients: Check if Sec. 402 can apply to the pension funds, if so your life may become much easier. If not, and you have no idea what you're doing - consider referring the client elsewhere. You can end up with quite a liability suit if you make a mistake here, because the penalties on not filing the right piece of paper are enormous. It looks like it has to deal with an expiration of rights as a taxable event. I found this link via google, which states that  Not only does the PSEC shareholder have a TAXABLE EVENT, but he has   TWO taxable events. The net effect of these two taxable events has   DIFFERENT CONSEQUENCES for DIFFERENT SHAREHOLDERS depending upon their   peculiar TAX SITUATIONS. The CORRECT STATEMENT of the tax treatment of unexercised PYLDR rights   is in the N-2 on page 32, which reads in relevant part as follows: “…, if you receive a Subscription Right from PSEC and do not sell or   exercise that right before it expires, you should generally expect to   have (1) taxable dividend income equal to the fair market value (if   any) of the Subscription Right on the date of its distribution by PSEC   to the extent of PSEC’s current and accumulated earnings and profits   and (2) a capital loss upon the expiration of such right in an amount   equal to your adjusted tax basis (if any) in such right (which should   generally equal the fair market value (if any) of the Subscription   Right on the date of its distribution by PSEC).” Please note, for quarterly “estimated taxes” purposes, that the   DIVIDEND taxable events occur “ON THE DATE OF ITS DISTRIBUTION BY PSEC   (my emphasis),” while the CAPITAL LOSS occurs “UPON EXPIRATION OF SUCH   RIGHT” (my emphasis). They do NOT occur on 31 December 2015 or some   other date. However, to my knowledge, neither of the taxable events he mentions would be taxed by 4/15. If you are worried about it, I would recommend seeing a tax professional. Otherwise I'd wait to see the tax forms sent by your brokerage. Great, thank you very much! I guess I will just do my 7/66 first and then worry about the others (CFP or CFA) later if I really want to get them. I just wanted to make sure I wasn’t doing something I didn’t *really* need to do. I think it's smart. It's the same game, just stiffer regulations, so your lender will ask more from you. Buy if you... If someone has been saving for years and years and still can't put 20% down, I think they're taking a significant risk. Buy something where your mortgage payment is around one week's salary at most. Try to buy only what you can afford to live in if you lost your job and couldn't find work for 3-6 months. You might want to do a 30-yr fixed instead of a 15-yr if you're worried about cash-flow.