Inadvertent Investment Company and PFIC Issues in Foreign Capital Market Transactions

Issues arising under the US Investment Company Act of 1940 or ICA, or from classification as a passive foreign investment company, or PFIC, under the US Internal Revenue Code can often come as a surprise to issuers in foreign capital market transactions, particularly for those who do not consider themselves investment companies.

Our panelists will discuss key concepts relating to the ICA and PFIC status, including general tests, common exemptions, and possible consequences of running afoul of each. The webinar will explore the ICA/PFIC issues that commonly arise for non-fund issuers outside the United States, and some of the contexts in which issues are more likely to be seen.