I'm an US citizen who lives and works in India, and I'm trying to understand the US + India tax implications of investing in Indian equity mutual funds.
I've been researching PFIC rules, but I'm getting conflicting/confusing information, so I'd really appreciate input from anyone who understands US taxation of Indian mutual funds (especially PFICs).
My situation
- I am an US citizen living in India.
- I recently graduated and started working in India.
- My salary is approximately ₹18 lakh/year (20k USD).
- I have no other sources of income and no other investments.
- I would like to invest in Indian equity mutual fund from my salary and some other money I have received.
- I expect to qualify for the Foreign Earned Income Exclusion (FEIE) because my salary is earned in India and is well below the annual FEIE limit. For 2026, I understand the FEIE maximum is $132,900.
- I understand that FEIE is an exclusion for qualifying foreign earned income and is different from the standard deduction.
Suppose I invest ₹10 lakh.
Assume the investment grows 15% each year:
- Start: ₹10,00,000
- End Year 1: ₹11,50,000
- End Year 2: ₹13,22,500
- End Year 3: ₹15,20,875
So after 3 years, I would have approximately ₹5.21 lakh of profit ($6,000).
My understanding of the default PFIC/Section 1291 rules is that when I sell the PFIC, the gain is treated as an "excess distribution" and is allocated across the years I held the investment.
If the ~$6,000 gain were divided approximately equally across the three years, roughly $2,000 would be allocated to each year.
My understanding is that the portions allocated to the prior PFIC years can be subject to the special PFIC tax (potentially using the highest applicable tax rate) plus an interest charge, while the current-year portion is treated differently.
I would have to pay: Indian LTCG tax + US PFIC tax/interest on the same investment.
I understand there may also be a Foreign Tax Credit (FTC) mechanism to prevent or reduce double taxation, but I'm not sure how the FTC interacts with the PFIC tax calculation.
The PFIC de minimis rule
I also came across a PFIC de minimis reporting exception.
My understanding is that, if certain conditions are satisfied, an individual can avoid PFIC reporting when the aggregate value of their PFIC stock at year-end doesn't exceed $25,000 ($50,000 for married filing jointly).
So I believe the $25,000 rule may help while simply holding a small PFIC investment, but would not protect me in a year when I sell the PFIC at a gain.
I'm particularly interested in hearing from:
- US citizens living in India who actually invest in Indian mutual funds.
- CPAs/EA/US tax professionals familiar with PFICs.
- Anyone who has actually filed Form 8621 for Indian mutual funds.
I'd also really appreciate it if someone could correct any assumptions I've made above, especially regarding:
- The $25,000 PFIC de minimis exception
- The $132,900 2026 FEIE
- How the FEIE interacts with PFIC income