How this is worked out
For a US tax resident, an Indian mutual fund is a passive foreign investment company, and selling units is taxed under the PFIC rules, not as an ordinary capital gain. Our full guide to Indian mutual funds and PFIC explains why, and what India takes on the same sale. This page does the arithmetic for one purchase.
With no election
The gain (what you sold for, less what you paid) is divided evenly across every day you held the units, counting from the day after you bought to the day you sold. Each calendar year gets its share.
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The year you sell: its share is ordinary income, taxed at the bracket you enter.
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Every earlier year: its share is taxed at the highest individual rate in force that year, from our register (37% since 2018; different in earlier years). Interest then runs on that tax from the return due date for that year to the return due date for the year you sell, compounded daily at the IRS underpayment rate for each quarter (7% now).
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Days before you became a US tax resident: if you bought before you moved, enter the date your US residence began. Those days still count in the holding period, but the regulations say the fund isn’t a PFIC for them (Treas. Reg. §1.1291-9(j)(1)). Their share is added to the year you sell and taxed at your bracket, with no top rate and no interest.
The table under the result shows every year’s days, share, rate, tax and interest, so a preparer can check it against Part V of Form 8621.
With mark-to-market
The estimator assumes you elected mark-to-market for the first year you held the fund as a US tax resident, measured from what you paid. At each December 31 the units are treated as sold at their value: a rise over your adjusted cost is ordinary income at your bracket; a fall is deductible only up to earlier rises you’ve reported and not yet reversed. In the year you sell, the gain is ordinary income, and a loss is ordinary up to what’s left of those earlier rises and a capital loss beyond. Years you leave blank are estimated on a straight line.
What the estimator leaves out
Assumptions
- One purchase, with no distributions before the sale and no earlier sales of the same fund. An SIP is many purchases: run each lot separately.
- Leave the US tax resident date blank and you’re taken to be a US person for the whole holding. The rule for earlier days comes from a regulation on a different election, but advisers generally apply it this way; your CPA will confirm. A sale before that date isn’t taxed by the US.
- Holdings from 2000 onward. Our register of IRS interest rates starts then, so if you held the units as a US person before 2000, the estimator asks you to see a CPA rather than guess.
- Mark-to-market from the first year. If you elect later, the growth up to the election year is first taxed with no election, which this estimator doesn’t model.
- One federal bracket for every year. No state tax, net investment income tax or alternative minimum tax, and no limits on deducting a capital loss.
- Return due dates are taken as April 15, without weekend or holiday shifts. After the last quarter in our register, the latest IRS rate is assumed to continue.
- All amounts in US dollars at the exchange rate on each date. Currency gains and losses aren’t separated out.
- Indian tax is applied only as far as you tell us it’s creditable, and only against the tax for the year of sale, under both methods. The special PFIC rule that spreads foreign tax over the holding period covers only tax withheld on a distribution, not tax on a sale (the instructions for Form 8621, line 16d). Whether the credit can also reduce the earlier years’ tax is a point for your preparer, so the estimator doesn’t assume it can. It never reduces the interest.
What to do with your result
If the no-election figure is much higher, and you still hold the fund, ask a CPA whether electing mark-to-market now makes sense for the years ahead. If you’re about to sell, have the preparer run the real figures for every lot before you file. Our other calculators cover the Indian side, including the tax on your Indian return.
When to get a US CPA
- Before you sell or redeem, so the lots, dates and exchange rates are right from the start.
- If you’ve held Indian funds for years without filing Form 8621.
- If you bought through SIPs and have more lots than you can track.
- If you bought the funds before you became a US tax resident.
- If you want to claim Indian tax on Form 1116.
PFIC filings usually need a US CPA or Enrolled Agent who prepares them regularly.