We were thinking of having my husband open an ISA to protect some of his income from UK taxes, now i'm thinking maybe it's not worth it based on this tax issue? On a related topic, my husband has a company pension plan, it's in mutual funds i believe, does this fall under the PFIC umbrella ? It doesn't have much in it as we only moved here last year.
Thanks.
Cash ISAs are fine. You get the UK tax advantages and any interest is treated as bank interest on your US tax return. The only reason I'm dealing with the stocks and shares ISA headaches is because my kids were given money by their UKC grandfather and I put it into the ISA without really thinking about it, and so trying to make the best of a not great situation, as once in the ISA, only the kid can take it out and only once their 18.
As far as pensions, they are slightly different. If it is a UK company scheme and is regulated by the UK government as a pension scheme, it's probably covered by the US-UK tax treaty which means that the bs around PFICs disappears. Each year when I file, I do have to fill out an extra form making a treaty exemption claim because my UK pension scheme does not conform exactly to IRS standards (I put in 6% of my gross salary, and the company only puts in 5%), however I fill out the extra form and say that it's a recognized UK pension scheme. Not had any issues yet, but I'm decidedly small fry.
I also report my full gross salary on my IRS return (in theory, I believe I could report my gross minus my 6% pre-UK income tax pension contributions) and perhaps pay a bit less US tax, but I believe the general guidance is to report your full gross UK income to establish a basis when you start withdrawing the pension.