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Broker · Germany

Scalable Capital & PFICs for US persons

A UCITS-only broker with a robo-advisor that trades on your behalf. What that means on a US return, fund by fund and trade by trade.

By Danilson Ramos · Founder, Atamatax

Updated September 2026

Reviewed and approved by our EA/CPA team on .

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.

Scalable Capital runs two products a US person may hold: a broker (with ETF savings plans, like every German neobroker) and Wealth, a robo-advisor that builds and rebalances a portfolio of ETFs for you. Both are built on UCITS funds, and for a US taxpayer that means PFICs.

Can a US person use Scalable Capital?

Scalable Capital's onboarding generally does not accept US persons — confirm current policy with Scalable Capital. As with the other German platforms, the US-person holders in practice acquired US status after opening, are accidental Americans, or did not flag their status. The tax rules below apply to every year the account existed while they were a US person.

Why the funds are PFICs

EU PRIIPs rules keep US-domiciled ETFs off the German retail shelf, so Scalable's ETF range — and every fund a Wealth portfolio holds — is UCITS, domiciled in Ireland or Luxembourg. Each is generally a PFIC under §1297: one Form 8621 per fund per year, with the §1291 default regime on gains and excess distributions unless an election was made in the first year of holding.

Holding at Scalable CapitalPFIC?Typical filing
ETF in the broker (ISIN IE, LU…)LikelyForm 8621 each year, per fund
Wealth robo-portfolioEach ETF inside it is likelyForm 8621 per fund; every rebalancing trade is a taxable event
ETF savings planLikelyForm 8621; one purchase lot per execution
Individual sharesNoReport the account
Cash in the brokerDepends on where it sitsCheck for a money-market fund ISIN

What a robo-advisor does to the computation

A Wealth portfolio is rebalanced automatically: when one ETF drifts above its target weight the platform sells part of it and buys another. For the platform that is housekeeping; for the US return every one of those sales is a disposition of a PFIC that the §1291 computation has to allocate across the holding period, and every purchase is a new lot. A portfolio that was never touched by its owner can still produce a dozen dispositions a year.

The document that matters is the full transaction history per fund — every rebalancing buy and sell with date, units and price — not the annual performance report. Scalable's transaction export contains it; the tax certificate does not.

FBAR and Form 8938

A Scalable Capital account is a foreign financial account: it counts toward the $10,000 FBAR aggregate and toward the Form 8938 thresholds, whether or not anything in it is a PFIC. A broker account and a Wealth account are two accounts for that purpose.

  • Export the transaction history for every fund, including rebalancing trades.
  • Export the positions overview with year-end values in euros.
  • Note each account's maximum balance during the year for the FBAR.
  • Keep the German tax certificate for the foreign tax credit.

Check your Scalable Capital funds before you file

Paste the ISINs or upload the positions export — the free checker flags likely PFICs and estimates the Form 8621 workload. This is general information, not individualised tax advice.

Broker policies change — confirm current Scalable Capital terms with Scalable Capital. Atamatax provides preparation software and educational estimates, not individualised tax, legal, or investment advice.

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

  • IRC §1291 — IRC §1291 — Interest on tax deferral (excess-distribution regime)
  • IRC §1297 — IRC §1297 — Definition of a passive foreign investment company
  • IRS Form 8621 — About Form 8621 — Information Return by a Shareholder of a PFIC or QEF
  • 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

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

Can I open a Scalable Capital account as an American?#
Scalable Capital's onboarding generally screens out US persons, so most US-person holders opened the account before acquiring US status. If you already hold one, the PFIC and FBAR questions on this page apply regardless of how it was opened. Confirm current policy with Scalable Capital.
Is a Scalable Wealth portfolio a PFIC?#
The portfolio itself is a managed account, not a fund; each ETF inside it is generally a PFIC. Every rebalancing sale is a disposition the §1291 computation has to see, and every purchase starts a new lot.
Do I report Scalable Capital on the FBAR?#
Yes if your combined non-US accounts exceeded $10,000 at any point in the year — each account counts toward that aggregate whether or not anything in it is a PFIC.

Related guides

Preparation · price before you start

If you want the Forms 8621 prepared

Which route fits depends on a few facts, not on the balances. These are the common situations and the route the same rules give each one. Nothing is charged until you generate a package or accept a written quote.

  1. Your returns are up to date and the non-US funds are the complication

    PFIC Portfolio · $499 · Self-service software

    PFIC Portfolio covers portfolios of four to twenty-five likely PFICs, with a Form 8621 drafted per fund.

    What arrives, who prepares and checks it, and who files

    Everything in Simple plus up to 25 supported Forms 8621 — line-mapped worksheets until independent validation of the official PDFs completes — with QEF / mark-to-market / §1291 inputs per holding, fund-domicile classification with confidence shown, and the assumption log — for one tax year.

    The Atamatax engine prepares a draft package from the figures you enter and confirm. No person prepares it.

    Nobody at Atamatax reviews it before you download it. A package generated with an open gap is stamped DRAFT — INCOMPLETE and lists what must be resolved, and every assumption is listed for you, or a professional you choose, to check.

    You file — the return with the IRS using the package's instructions, the FBAR on FinCEN's BSA E-Filing System — or a professional you engage files for you. Atamatax transmits nothing to the IRS or FinCEN.

    Prepare my PFIC portfolio
  2. You already work with an accountant who files for you

    CPA Export · $199 · Accountant handoff

    You already have an accountant. CPA Export gives them the per-fund PFIC screen with its reasons and the threshold arithmetic, so the fund question is settled before the return is drafted.

    What arrives, who prepares and checks it, and who files

    A PDF hand-off for an accountant: the holdings and PFIC classification table, the potential Form 8621 workload, FBAR/Form 8938 threshold logic, worksheets mapped to form lines, and the assumption log — for one tax year.

    The engine builds the PFIC analysis and the worksheets from the entries you confirm. Your accountant prepares the return from them.

    Nobody at Atamatax reviews the export before you download it. Your accountant checks it — every classification and figure carries the assumption behind it.

    Your accountant files the return, or you do; the FBAR is filed on FinCEN's BSA E-Filing System. Atamatax transmits nothing to the IRS or FinCEN.

    Build my CPA Export
  3. Returns, FBARs or Forms 8621 are missing for earlier years

    Streamlined Investor · $2,200 · Done-with-you case preparation, scoped first

    The catch-up years include non-US funds or a personal foreign plan, so each back year needs PFIC work as well as the return and the FBAR.

    What arrives, who prepares and checks it, and who files

    A Streamlined Foreign Offshore preparation package: up to three delinquent returns and six FBAR years as worksheets mapped to each year's official forms (official pre-filled PDFs only for tax year 2025), a document completeness check, the Form 14653 organiser, and filing instructions — one scoped quote, one payment.

    A person at Atamatax prepares the three returns, the six FBAR years and the Form 14653 organiser from your documents, against the written scope, with the engine computing the figures. You write your own statement of facts.

    A person at Atamatax checks the package for completeness before release — an operational check, not a review by a credentialed tax professional. No EA or CPA review is included unless your written scope names one.

    You mail the returns to the IRS as the Streamlined instructions direct, and file the FBARs on FinCEN's BSA E-Filing System. Atamatax transmits nothing to the IRS or FinCEN.

    Get a scoped quote
  4. More than twenty-five funds, or the fund facts are incomplete

    Confirm the scope before choosing a package · Free to ask

    More than twenty-five likely PFICs is past the included limit of every package; the scope is confirmed by hand before a price is named.

    What arrives, who prepares and checks it, and who files

    Free to ask. A person reads the facts and says whether Atamatax can take the case, and which route it would be.

    A person at Atamatax reads the facts before any route is offered.

    See whether Atamatax can take the case

When a professional's judgment is needed. Checkout stops and sends you to a person when there are more than twenty-five likely PFICs. Whether a late QEF or mark-to-market election can still be made turns on the facts and is a professional's call — if that is your question, ask before you buy.

In every route the signatures and the filing stay with you or the accountant you choose; nothing is filed on your behalf. Written questions to hello@atamatax.com reach a person — we aim to reply within one business day. Who does what in each route.

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.