(a) In general.—[Reserved].
(1) Other rules.—[Reserved].
(2) Net capital gain defined.—
(i) In general.—This paragraph (a)(2) defines the term net
capital gain for purposes of sections 1293 and 1295 and the regulations under those sections. The
QEF, as defined in § 1.1291-9(j)(2)(i), in determining its net capital gain for a taxable year, may
either—
(A) Calculate and report the amount of each category of long-term capital gain
provided in section 1(h) that was recognized by the PFIC in the taxable year;
(B) Calculate and report the amount of net capital gain recognized by the PFIC
in the taxable year, stating that that amount is subject to the highest capital gain rate of tax
applicable to the shareholder; or
(C) Calculate its earnings and profits for the taxable year and report the entire
amount as ordinary earnings.
(ii) Effective date.—Paragraph (a)(2)(i) of this section is applicable to sales by QEFs
during their taxable years ending on or after May 7, 1997.
(b) Other rules.—[Reserved].
(c) Application of rules of inclusion with respect to stock held by a pass
through entity.—
(1) In general.—If a domestic pass through entity makes a section 1295 election, as provided in
paragraph (d)(2) of this section, with respect to the PFIC shares that it owns, directly or indirectly,
the domestic pass through entity takes into account its pro rata share of the ordinary earnings and
net capital gain attributable to the QEF shares held by the pass through entity. A U.S. person that
indirectly owns QEF shares through the domestic pass through entity accounts for its pro rata
shares of ordinary earnings and net capital gain attributable to the QEF shares according to the
general rules applicable to inclusions of income from the domestic pass through entity. For the
definition of pass through entity, see § 1.1295-1(j).
(2) QEF stock transferred to a pass through entity.—
(i) Pass through entity makes a section 1295 election.—If a shareholder transfers stock
subject to a section 1295 election to a domestic
pass through entity of which it is an interest holder and the pass through entity makes a section
1295 election with respect to that stock, as provided in § 1.1295-1(d)(2), the shareholder takes into
account its pro rata shares of the ordinary earnings and net capital gain attributable to the QEF
shares under the rules applicable to inclusions of income from the pass through entity.
(ii) Pass through entity does not make a section 1295 election.—If the pass through
entity does not make a section 1295 election with respect to the PFIC, the shares of which were
transferred to the pass through entity subject to the 1295 election of the shareholder, the
shareholder continues to be subject, in its capacity as an indirect shareholder, to the income
inclusion rules of section 1293 and reporting rules required of shareholders of QEFs. Proper
adjustments to reflect an inclusion in income under section 1293 by the indirect shareholder must
be made, under the principles of § 1.1291-9(f), to the basis of the indirect shareholder’s interest in
the pass through entity.
(3) Effective date.—Paragraph (c) of this section is applicable to taxable years of share-
holders beginning after December 31, 1997. [Reg. § 1.1293-1.]
[T.D. 8750, 12-31-97. Redesignated and amended by T.D. 8870, 2-4-2000.]