Treasury Regulations (26 C.F.R.)
26 CFR § 1.1291-0
Treatment of shareholders of certain passive foreign investment companies; table of contents.
This section contains a listing of the headings for §§ 1.1291-1, 1.1291-9, and 1.1291-10.
(a) through (b)(2)(i) [Reserved]
(ii) Pedigreed QEF.
(b)(2)(iii) and (iv) [Reserved]
(v) Section 1291 fund.
(3) through (6) [Reserved]
(7) Shareholder.
(8) Indirect shareholder.
(i) In general.
(ii) Ownership through a corporation.
(A) Ownership through a non-PFIC foreign corporation.
(B) Ownership through a PFIC.
(C) Ownership through a domestic corporation.
(iii) Ownership through pass-through entities.
(A) Partnerships.
(B) S Corporations.
(C) Estates and nongrantor trusts.
(D) Grantor trusts.
(iv) Successive application.
(v) Examples.
(A) Example 1.
(1) Facts.
(2) Results.
(i) Treatment of DC.
(ii) Treatment of A.
(B) Example 2.
(1) Facts.
(2) Results.
(C) Example 3.
(1) Facts.
(2) Results.
(D) Example 4.
(1) Facts.
(2) Results.
(c) Coordination with other PFIC rules.
(1) and (2) [Reserved]
(3) Coordination with section 1296: Distributions and dispositions.
(4) Coordination with mark to market rules under chapter 1 of the Internal Revenue Code other than section 1296.
(i) In general.
(ii) Coordination rule.
(d) [Reserved]
(e) Exempt organization as shareholder.
(1) In general.
(2) Ownership through certain tax-exempt organizations and accounts.
(f) through (i) [Reserved]
(j) Applicability dates.
(a) Deemed dividend election.
(1) In general.
(2) Post-1986 earnings and profits defined.
(i) In general.
(ii) Pro rata share of post-1986 earnings and profits attributable to shareholder's stock.
(A) In general.
(B) Reduction for previously taxed amounts.
(b) Who may make the election.
(c) Time for making the election.
(d) Manner of making the election.
(1) In general.
(2) Attachment to Form 8621.
(e) Qualification date.
(1) In general.
(2) Elections made after March 31, 1995, and before January 27, 1997.
(i) In general.
(ii) Exception.
(3) Examples.
(f) Adjustment to basis.
(g) Treatment of holding period.
(h) Coordination with section 959(e).
(i) Election inapplicable to shareholder of former PFIC.
(1) [Reserved]
(2) Former PFIC.
(j) Definitions.
(1) Passive foreign investment company (PFIC).
(2) Types of PFICs.
(i) Qualified electing fund (QEF).
(ii) Pedigreed QEF.
(iii) Unpedigreed QEF.
(iv) Former PFIC.
(3) Shareholder.
(k) Effective/applicability dates.
(a) Deemed sale election.
(b) Who may make the election.
(c) Time for making the election.
(d) Manner of making the election.
(e) Qualification date.
(1) In general.
(2) Elections made after March 31, 1995, and before January 27, 1997.
(i) In general.
(ii) Exception.
(f) Adjustments to basis.
(1) In general.
(2) Adjustment to basis for section 1293 inclusion with respect to deemed sale election made after March 31, 1995, and before January 27, 1997.
(g) Treatment of holding period.
(h) Election inapplicable to shareholder of former PFIC.
(i) Effective date.
[T.D. 8701, 61 FR 68151, Dec. 27, 1996, as amended by T.D. 8750, 63 FR 13, Jan. 2, 1998; T.D. 9123, 69 FR 24073, May 3, 2004; T.D. 9806, 81 FR 95465, Dec. 28, 2016; T.D. 9936, 86 FR 4555, Jan. 15, 2021]
Source: view the official text
In this part (40 sections)
- 1.1272-3 · Election by a holder to treat all interest on a debt…
- 1.1273-1 · Definition of OID.
- 1.1273-2 · Determination of issue price and issue date.
- 1.1274-1 · Debt instruments to which section 1274 applies.
- 1.1274-2 · Issue price of debt instruments to which section 1274…
- 1.1274-3 · Potentially abusive situations defined.
- 1.1274-4 · Test rate.
- 1.1274-5 · Assumptions.
- 1.1274A-1 · Special rules for certain transactions where stated…
- 1.1275-1 · Definitions.
- 1.1275-2 · Special rules relating to debt instruments.
- 1.1275-3 · OID information reporting requirements.
- 1.1275-4 · Contingent payment debt instruments.
- 1.1275-5 · Variable rate debt instruments.
- 1.1275-6 · Integration of qualifying debt instruments.
- 1.1275-7 · Inflation-indexed debt instruments.
- 1.1286-1 · Tax treatment of certain stripped bonds and stripped coupons.
- 1.1286-2 · Stripped inflation-protected debt instruments.
- 1.1287-1 · Denial of capital gains treatment for gains on…
- 1.1288-1 · Adjustment of applicable Federal rate for tax-exempt…
- 1.1291-0 · Treatment of shareholders of certain passive foreign…
- 1.1291-1 · Taxation of U.S. persons that are shareholders of section…
- 1.1291-9 · Deemed dividend election.
- 1.1291-10 · Deemed sale election.
- 1.1293-0 · Table of contents.
- 1.1293-1 · Current taxation of income from qualified electing funds.
- 1.1294-0 · Table of contents.
- 1.1294-1T · Election to extend the time for payment of tax on…
- 1.1295-0 · Table of contents.
- 1.1295-1 · Qualified electing funds.
- 1.1295-3 · Retroactive elections.
- 1.1296-1 · Mark to market election for marketable stock.
- 1.1296-2 · Definition of marketable stock.
- 1.1297-0 · Table of contents.
- 1.1297-1 · Definition of passive foreign investment company.
- 1.1297-2 · Special rules regarding look-through subsidiaries and…
- 1.1297-3 · Deemed sale or deemed dividend election by a U.S. person…
- 1.1297-4 · Qualifying insurance corporation.
- 1.1297-5 · [Reserved]
- 1.1297-6 · Exception from the definition of passive income for active…