How to declare a PFIC under de minimis exception?

[gabriel-rigon]

Hi, I held a single PFIC total amount is below $1000, during all fiscal year, and I produced no excess distribution under the 125% rule. (There was a distribution but it's value is lower than 1.25 x average of 3 last year distribution). As a result of the de minimis rule I shouldn't file form 8621. However, this PFIC held some small interests that were reported as such. While I understand form 8621 should not be filed, should I have it to form 8938? And if yes, is it an asset, or should I just mention the account containing the PFIC contract? The logic is that it's still a foreign account/insurance product and should be declared in Form 8938 in the absence of other forms. Thanks in advance PS: I am required to file 8938 in any case due to the aggregated value of my foreign checking and savings accounts.

[DaveF1006]

Yes, you're correct. Under the de minimis rule, you are not required to file Form 8621 if your Passive Foreign Investment Company (PFIC) holdings remain below the threshold. However, Form 8938 has separate reporting requirements.

According to the IRS guidelines, Form 8938 is required if you hold specified foreign financial assets exceeding certain thresholds. These assets include foreign accounts, stocks, and interests in foreign entities. Since your PFIC is a foreign financial asset, it may need to be reported on Form 8938, even if Form 8621 is not required.

Regarding how to report it:

1. If the PFIC is held within a foreign account, you may need to report the account itself rather than listing the PFIC separately.
2. If the PFIC is not held within an account, then it should be reported as an individual asset.

The key factor is whether the PFIC is part of a foreign financial institution's account or a standalone investment.  This determines how this should be reported.