Skip to main content

Topic · France

Assurance-vie and US tax: France's default savings product, and its least settled US question

Almost every French adult is sold one. For a US citizen it raises two hard questions at once — what the contract is for US purposes, and what the unités de compte inside it are.

By Danilson Ramos · Founder, Atamatax

Published August 2026 · Updated September 2026

Direct answer

How is a French assurance-vie taxed for a US citizen?

Not the way France taxes it. The French deferral and the reduced rates after eight years come from French law; the 1994 convention's saving clause preserves US taxation of US citizens, so a US return has to account for the contract and for the funds inside it separately.

The unités de compte are typically French SICAVs, FCPs or Luxembourg funds, which commonly meet the PFIC tests — generally one Form 8621 per fund per year, and each arbitrage between supports is a disposition for US purposes. Whether the contract itself is a foreign trust requiring Form 3520 is fact-specific and genuinely contested, so it is resolved against the policy document, not by default in either direction. The contract's surrender value counts toward the FBAR and Form 8938 thresholds with your other French accounts.

What changes the answer

  • The contract holds only a fonds en euros: no fund-by-fund PFIC analysis, though the income and the contract's classification remain.
  • Arbitrages were made between unités de compte in an open year: each is a disposition under the default PFIC regime.
  • The policy terms make the contract insurance or a custodial arrangement rather than a trust: the Form 3520 question falls away for that contract.

Next step: Check the funds inside my contract

Part of the France desk — every US tax topic for France in one place.

Check it for your own holding

Could this investment be a PFIC?

Two questions and, if you have it, the ticker or ISIN. The read is immediate, nothing you enter leaves this page, and it names what would settle the rest.

Free, no account, nothing you answer leaves this page. Open the full portfolio scanner

What is it?

Screened against the fund registry on this page. It is never sent anywhere.

A screen. Whether a fund is a PFIC turns on its own annual income and asset facts under §1297; the read above says how far your answers go and what would settle the rest.

In France the assurance-vie is not really life insurance. It is the ordinary way people save: a wrapper you feed for decades, holding either a guaranteed-return fund or a menu of investment funds, with French tax advantages that improve the longer you hold it. Your bank will have offered you one in your first month in the country. For a US citizen it is one of the harder things on a French balance sheet to get right.

Start by separating the wrapper from the contents

Almost every confused conversation about this product collapses two questions into one. They have to be answered separately.

The questionWhat it turns on
What is the contract, for US purposes?The contract's own terms — whether it functions as insurance, a custodial arrangement, or something trust-like
What is inside it?The fonds en euros and each unité de compte, analysed as investments on their own terms
What is reportable?The account and its value, largely independent of the first two answers
What is currently taxable?The income the contract earned, which depends on the first two answers

Fonds en euros and unités de compte are not the same product

A fonds en euros is the capital-guaranteed component: the insurer credits an annual return, the capital does not fall, and the economics resemble a guaranteed-return account more than a fund. Unités de compte are the opposite — the value follows the underlying funds, which are usually French SICAVs and FCPs or Luxembourg vehicles. Most modern contracts are multi-support: they hold both.

That distinction drives the PFIC question. A portfolio of unités de compte is, in substance, a portfolio of non-US pooled funds, and those commonly meet the §1297 income or asset test. A pure fonds en euros contract does not present the same fund-by-fund analysis, though it still produces income the US return has to reckon with.

The practical consequence: a multi-support contract that reads on a French statement as one line can be several Form 8621 questions underneath it, one per unité de compte, per year.

The classification question, stated honestly

You will find confident answers in every direction — that an assurance-vie is a foreign trust requiring Form 3520, that it is insurance and therefore fine, that it is simply a brokerage account in a costume. The truthful position is narrower than any of them: the classification depends on the specific contract's terms, and contracts differ considerably between insurers and vintages.

What can be said without hedging is that the French treatment does not transfer. The deferral French law grants while the contract is in force, and the reduced rates it grants after eight years, are French rules about French tax. The saving clause in the 1994 convention preserves the United States' right to tax its citizens as though the treaty had not been signed, so none of that carries across on its own.

This is a classification question with a real penalty attached in both directions — filing a Form 3520 you did not owe is not free either. Atamatax detects the wrapper and the underlying funds and the contract classification — and any Form 3520 / 3520-A — is routed to a professional for preparation, the question stated as open where it is.

Reporting, which applies either way

  • FBAR. An assurance-vie is a foreign financial account with a cash or surrender value. It counts toward the $10,000 aggregate, measured across every non-US account you hold anywhere.
  • Form 8938. The contract's value counts toward the specified-foreign-financial-asset thresholds ($300,000 for a single filer abroad at any point in the year).
  • Form 8621. Generally one per PFIC per year for the unités de compte held inside.

The arbitrage inside the contract

French advisers routinely recommend switching between supports inside the contract — the arbitrage — because in France it is not a taxable event. For US purposes a switch between unités de compte is a disposition of one investment and an acquisition of another, and under the default PFIC regime a disposition is what triggers the excess-distribution computation. A contract that has been actively managed for a decade can carry a long history of these.

Working out where you stand

  1. Ask the insurer for the relevé de situation showing every support held and the arbitrage history.
  2. Separate the fonds en euros component from the unités de compte — they are different analyses.
  3. List each unité de compte with its ISIN, and note whether it is a SICAV, an FCP, or a Luxembourg vehicle.
  4. Record the contract's surrender value at each year end, and its maximum during each year, for the reporting forms.
  5. Reconstruct the arbitrages, because each is a disposition for US purposes even though France treated none of them as one.
  6. Get the contract classification reviewed against the actual policy document before assuming a Form 3520 obligation either way.

See what your contract actually holds

Paste the ISINs of the unités de compte from your relevé and the free checker flags each one. Domicile and instrument type are the review signals; the fund's own annual facts settle it. The contract's surrender value is a separate question — the FBAR filing checker takes it as a band.

From one fund to the whole case

What does your PFIC situation actually require?

Four questions — how many funds, for how long, whether Forms 8621 were ever filed, whether the returns are current — and a route into the preparation that fits, with what it costs. Nothing you answer leaves this page.

Free, no account, nothing you answer leaves this page. Open the full portfolio scanner

How many non-US funds or ETFs do you hold?

Count each fund, not each account. Funds inside a wrapper (ISA, TFSA, Pillar 3a, super) count.

For how many tax years have you held them?

Including the current year. A fund bought in 2023 and still held is three years.

Has a Form 8621 been filed for them before?
Are your US tax returns themselves up to date?

A routing read, not a determination. Whether a fund is a PFIC, whether an exception applies and what a prior year needs are established when the holdings are screened; the route above says where that happens and what it costs.

Authorities cited

  • service-public.fr · assurance-vie — République française — assurance vie: fonctionnement et fiscalité
  • US–France Income Tax Treaty — Convention between the United States and France (signed 1994), as amended by the 2004 and 2009 Protocols
  • IRC §1297 — IRC §1297 — Definition of a passive foreign investment company
  • IRC §1291 — IRC §1291 — Interest on tax deferral (excess-distribution regime)
  • IRS Form 8621 — About Form 8621 — Information Return by a Shareholder of a PFIC or QEF
  • IRC §6048 — IRC §6048 — Information reporting for foreign trusts (Forms 3520 / 3520-A)
  • IRS Form 3520 — About Form 3520 — Annual Return To Report Transactions With Foreign Trusts
  • Rev. Proc. 2020-17 — Rev. Proc. 2020-17 — exemption from Forms 3520 and 3520-A for certain tax-favored foreign retirement and non-retirement savings trusts
  • 31 CFR §1010.350 — 31 CFR §1010.350 — FBAR (FinCEN Form 114) filing requirement and $10,000 threshold
  • FinCEN Form 114 (FBAR) — Report of Foreign Bank and Financial Accounts (FBAR)
  • IRS Form 8938 — About Form 8938 — Statement of Specified Foreign Financial Assets
  • IRC §6038D — IRC §6038D — Information reporting of specified foreign financial assets (Form 8938)

Primary sources (Cornell Legal Information Institute for the US Code and CFR; IRS.gov for forms, procedures, and treaty documents). This page is general information, not individualized tax or legal advice.

Atamatax provides tax preparation support and educational resources. This website does not constitute legal or tax advice.

Frequently asked questions

Is my assurance-vie tax-deferred on my US return?#
Not on the strength of French law. The deferral while the contract runs, and the reduced rates after eight years, are French rules about French tax; the saving clause in the 1994 convention preserves US taxation of US citizens regardless. Whether any US deferral applies depends on how the specific contract is classified for US purposes, which is a fact-specific question about your policy document.
Are the unités de compte in my contract PFICs?#
Commonly yes. A unité de compte is normally a French SICAV or FCP, or a Luxembourg fund — a non-US pooled vehicle that generally meets the PFIC income or asset test. The fact that an insurance contract holds them does not change what they are; it changes only how hard they are to see on a statement.
Do I have to file Form 3520 for an assurance-vie?#
It is a genuinely open question that depends on the contract, not a rule with a clean answer. Some contracts are argued to be foreign trusts; others are argued to be insurance or custodial arrangements, and the policy terms decide it. Filing a Form 3520 you did not owe carries its own cost, so this is worth resolving against the actual document rather than by defaulting in either direction. Atamatax identifies the wrapper and the Form 3520 / 3520-A classification is routed to a professional for preparation.
Does an assurance-vie go on the FBAR?#
Generally yes. A contract with a cash or surrender value held with a French insurer is a foreign financial account, and its maximum value during the year counts toward the $10,000 aggregate. Its value also counts toward the separate Form 8938 thresholds.
Is an arbitrage between supports a US taxable event?#
Generally yes, even though France does not treat it as one. Moving from one unité de compte to another is a disposition and an acquisition for US purposes. Under the default PFIC regime that disposition is what triggers the excess-distribution calculation, so an actively arbitraged contract can carry a long history of events that were invisible on the French side.
Is the fonds en euros safer for a US person than unités de compte?#
It is simpler, which is not the same as better. A fonds en euros does not present a fund-by-fund PFIC analysis, so it removes one layer of the problem. It still produces income a US return has to account for, and it does not resolve the question of how the contract itself is classified.

Related guides

Free preliminary result · a few questions

Build your PFIC filing map

Know what PFIC reporting means for your own holdings: how many Forms 8621 are likely, whether the year produced tax or only reporting, and what else your situation pulls in.

Build my PFIC filing mapNo signup. Answers stay yours.

Your next step · free

Is the fund you hold a PFIC?

Search by ticker, ISIN or name. Where the domicile settles it the result says so; where it does not, it says that instead of guessing. Free, no account.