Excess Distributions and the Section 1291 Interest Charge

Guide · Last reviewed October 20, 2026 · Legal and tax review: pending

Under the default section 1291 rules, the extra tax and the interest charge come from an excess distribution, and from a sale (the whole gain on a sale is treated as one). This page walks through the steps with a made-up example. The steps follow the IRS Instructions for Form 8621, Part V.

Step 1. Is there an excess distribution?

Step 2. A sale is treated as one big excess distribution

Gain on a sale, redemption, transfer or pledge of PFIC stock is treated as an excess distribution. A loss is ignored for these rules. Each block of shares with a different holding period needs its own Part V, so monthly SIP purchases are separate lots.

Step 3. Spread it over your holding period

Divide the excess distribution by the number of days you held the stock, and give each year the amount for its days. The amounts for the current year (and for any days before the company was a PFIC for you) are ordinary income. For each earlier PFIC year, the amount is taxed at the highest rate in effect for that year (37% for 2018 through 2025), and foreign tax attributable to the distribution can reduce that tax but not below zero.

Step 4. Add the interest

Interest runs on the extra tax for each earlier year, from the due date of that year’s return to the due date of the return for the year of the sale or distribution. The rate is the IRS underpayment rate, which changes every quarter and compounds daily.

A worked example (made up)

You bought a foreign fund on March 1, 2022 for $20,000, never received a distribution, and sold it on September 15, 2025 for $30,000. You were a U.S. person for the whole time. The gain is $10,000. Holding period: 1,295 days.

YearDays heldShare of the $10,000 gainTreatmentExtra tax at 37%
2022306$2,363Earlier PFIC year: taxed at 37% plus interest$874
2023365$2,819Earlier PFIC year: taxed at 37% plus interest$1,043
2024366$2,826Earlier PFIC year: taxed at 37% plus interest$1,046
2025258$1,992Current year: ordinary income
Extra tax (Form 8621 line 16e)$2,963
What the example showsThe same $10,000 gain would normally be a long-term capital gain on a U.S. fund. Under the default PFIC rules, three of the four years are taxed at the top rate with interest, and none of it qualifies for the lower capital gain rates. This is why choosing the right regime and filing every year matters.

Real calculations also handle many lots, reinvested dividends, currency conversion, the date you became a U.S. person and foreign tax. Ask us to run yours.

General educational information. PFIC treatment, elections and reporting depend on individual facts and change over time. Confirm the rules on irs.gov and consult a qualified professional before filing Form 8621 or making any election. This site is an independent guide and is not affiliated with the IRS.