France · Investment tax
Investment tax for Americans in France: the PEA, the assurance-vie, the ETFs and the 3.8%
One page for a US citizen in France who holds French products: which US forms each one raises, which funds are PFICs, what the French tax you paid does and does not offset, and how Atamatax prepares it.
By Danilson Ramos · Founder, Atamatax
Published June 2026 · Updated September 2026
Part of the France desk — every US tax topic for France in one place.
Check it for your own income
Does the 3.8% reach your investment income?
Four banded answers, no figures typed, no email. The read says which side of the threshold you sit on and — if you paid tax abroad — what that credit can and cannot do.
Free, no account, nothing you answer leaves this page. Open the full NIIT Exposure Check
A banded screen for a US citizen or resident; Form 8960 settles the exact figure. Four answers give bands for net investment income and MAGI, and no read here nets a foreign tax credit against the 3.8% — the Code allows none.
An American in France who invests the way their French neighbours do ends up with a PEA of European ETFs, an assurance-vie with a unit-linked allocation, a CTO at Boursorama or their bank, a Livret A for cash, perhaps a PER. Each is sensible in France. Each raises a US question that France never asks, and the questions interact: the funds in the PEA are PFICs, the PFIC regime decides what the income is, the income is net investment income, the NIIT reaches it above the threshold, the French tax credits against the regular tax and not against that. This page is the map.
The French products, one table
| Product | PFIC inside? | FBAR | Form 8938 | NIIT | Person decides? |
|---|---|---|---|---|---|
| PEA | Likely | Likely | Likely | Counts | — |
| Assurance-vie | Likely | Likely | Likely | Depends | Review |
| CTO (compte-titres ordinaire) | Possible | Likely | Likely | Counts | — |
| SICAV / FCP (OPCVM) | Likely | — | Likely | Counts | — |
| UCITS ETF (Amundi, Lyxor, iShares, Vanguard — Irish, Luxembourg or French domicile) | Likely | — | Likely | Counts | — |
| Livret A / LDDS / LEP | — | Likely | Likely | Counts | — |
| PER | Possible | Likely | Likely | Depends | Review |
| French social security pension | — | Unlikely | Unlikely | No | Review |
| PEE / PERCO / PERECO | Likely | Likely | Likely | Depends | Review |
| SCPI / OPCI | Possible | Unlikely | Likely | Counts | Review |
| French rental property | — | — | Unlikely | Counts | — |
"Review" means the product's US character is a judgment a qualified person makes from its terms — Atamatax detects it and routes it, presenting the question as open.
The four questions, in the order they are answered
1. What is inside the wrapper, and is it a PFIC?
A PEA must hold European securities, which is why it holds European funds — Amundi, Lyxor, BNP Paribas Easy, iShares Europe — every one of them domiciled outside the United States and meeting the PFIC tests (75% or more of gross income is passive or 50% or more of assets produce, or are held to produce, passive income). A CTO can hold US-listed ETFs in principle, but PRIIPs rules keep them off French retail shelves, so it holds UCITS funds too. Directly held shares in Air Liquide or Schneider are not PFICs. The PFIC in France page goes fund by fund; the free scanner reads a ticker or ISIN from the IFU.
2. Which reporting forms?
- FBAR — every French account, including the PEA, the livrets, the assurance-vie (a cash-value insurance policy is an FBAR account) and the PER, toward the $10,000 combined peak. See FBAR for Americans in France.
- Form 8938 — the same accounts as specified foreign financial assets, against $200,000 year-end or $300,000 peak for a single filer abroad.
- Form 8621 — one per PFIC per year, for the funds inside the PEA, the CTO and, on the look-through view, the assurance-vie.
- Form 3520 / 3520-A — an open question for the assurance-vie and possibly the PER; routed for review, never assumed either way.
- Form 8833 — where a treaty position is taken: a French state pension, a PER's deferral, re-sourcing on Form 1116.
3. What is the income, and what tax does it bear?
Dividends, interest and gains from every account are US income in the year they arise, whatever France's holding-period regime says. From a PFIC the PFIC regime decides the amount and character — a §1291 excess distribution with its interest charge, a mark-to-market inclusion, a QEF inclusion. All of it is net investment income for §1411 (a QEF inclusion only with the §1.1411-10(g) election), and above the threshold the 3.8% applies. NIIT for Americans in France works the threshold.
4. What does the French tax do?
The 30% flat tax on a CTO's income, the social charges on a PEA's gain, the tax on French rent — all of it is creditable against regular US income tax on Form 1116, within §904 and with the treaty's re-sourcing rule where France taxes first. None of it is creditable against the NIIT. The credit-boundary page explains why, and Christensen is the decision.
How Atamatax prepares it
| Situation | Route |
|---|---|
| A CTO and livrets, no funds, income over the threshold | Simple — Form 1116 and Form 8960 computed side by side |
| A PEA or CTO with funds | PFIC Portfolio — the Form 8621s, then Form 8960 on the resulting income |
| Many funds, an assurance-vie, a PER | Complex, with the classification questions reviewed by a person |
| Years never filed, or Forms 8621 omitted | The catch-up route first — the eligibility checker decides which, never a default |
| A large disposition, treaty positions, an inherited contract | A scoping call before any package |
Documents to gather
- The IFU (imprimé fiscal unique) from each bank and broker — dividends, interest, gains and tax withheld for the year.
- Annual statements for the PEA, the CTO and the assurance-vie, listing each fund with its ISIN.
- The French income-tax notice (avis d'imposition) showing the flat tax and social charges paid.
- The highest balance each account reached in the year, for the FBAR.
- For a PER: the plan's terms and whether it is individual or employer-sponsored.
Start with the map
Pick the French products you hold; the free check returns every issue with its band and one next step. Nothing typed leaves your browser unless you ask for the result by email.
Authorities cited
- 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
- 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 §1411 — IRC §1411 — Net Investment Income Tax (3.8%)
- IRS Form 8960 — About Form 8960 — Net Investment Income Tax (Individuals, Estates, and Trusts)
- IRS Form 1116 — About Form 1116 — Foreign Tax Credit (Individual, Estate, or Trust)
- IRS Form 3520 — About Form 3520 — Annual Return To Report Transactions With Foreign Trusts
- US–France Income Tax Treaty — Convention between the United States and France (signed 1994), as amended by the 2004 and 2009 Protocols
- Christensen v. United States (Fed. Cir. 2026) — Christensen v. United States, No. 24-1284 (Fed. Cir. Aug. 31, 2026) (precedential) — the U.S.–France treaty's Article 24(2)(a) and 24(2)(b) credits are subject to the Code's §§27/901(a) limitation and do not offset the §1411 net investment income tax; reversing 168 Fed. Cl. 263 (2023)
- service-public.fr · PEA — République française — Plan d'épargne en actions (PEA): fonctionnement et fiscalité
- service-public.fr · assurance-vie — République française — assurance vie: fonctionnement et fiscalité
- IRC §7702 — IRC §7702 — Life insurance contract defined (whether a foreign policy is insurance for US tax purposes)
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.