< iframe width="480" height="320" src="https://www.youtube.com/embed/0qawBZUpn5Q?rel=0" frameborder="0" allowfullscreen >< img design="float: left; margin:0 5px 5px 0;" src="http://ustaxreview.org/wp-content/uploads/2021/04/qp1Y6O.jpg"/ > Congratulations to tax lawyers Robert S. Schwartz & Elizabeth C. Petite on a terrific win! The Tax Court's current decision in Roberto Toso and Marcela Salman v. Commissioner US Tax Court, Dkt. 8324-15 151 TC ___ No. 4, September 4, 2018 sheds some light on 2 aspects of reporting foreign income from Passive Foreign Investment Firm to the Internal Revenue Service. https://www.irsmedic.com/blog/2018/09/pfic-form-8938-statute-of-limitations.html The very first product is that the IRS got raised by its own procedure. PFIC earnings does not necessarily change AGI, but rather Type 8621 determines income and then imposes the greatest limited rate to develop a tax due, then this tax due goes on a tax return AFTER adjusted gross earnings is calculated, along with interest. Significance, not all unreported PFIC earnings undergoes the significant understatement rule that can open a tax return for an additional 3 years of audit. Also, the Tax Court ruled, in a believed-case of first impression, that the HIRE Act just uses to foreign educational returns that were open when the HIRE Act was signed into law. Significance, if a foreign info return assessment statute ASED) was closed in 2010, the HIRE Act does not open it. However, post-2010, any unfiled foreign informative return (Kind 8938, Form 5471, Form 5472, Kind 8865, Type 8858, Form 926, Kind 3520, Form 3520-A) can keep an assessment open indefinitely. Yet, a correct disclosure can close those open years, even if there was unreported income. Moms And Dad & Moms And Dad LLP 144 South Main Street Wallingford, CT 06492 ( 203) 269-6699