USA Am I a Category 2 on Form 5471 filer?


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Hi all–

I was hoping some of you could be good enough to help me to determine which categories I match for on a 5471 being filed for me and another person. We are both US persons who own shares in a CFC. I am a director and shareholder of the company and he is only a shareholder. There are 100 shares of the company in total owned by three people.

The company ownership in 2016:
  • Me (director, US citizen): owned 45 shares/% of the company.
  • Dan (director, German citizen): owned 45 shares/% of the company.
  • Mark (shareholder only, US citizen): owned 10 shares/% of the company.

In 2017 both directors gave 5 of their shares to Mark at no cost, thus in 2017 the new ownership was:
  • Me (director, US citizen): owned 40 shares/% of the company.
  • Dan (director, German citizen): owned 40 shares/% of the company.
  • Mark (shareholder only, US citizen): owned 20 shares/% of the company.

Since in both years the company was owned by a majority of US persons that makes it a CFC. Because of that, I know that on the 2017 Form 5471 that I am filing for myself and Mark we are both Category 5 filers. Mark will also be a Category 3 filer since he gained another 10% ownership over the company.

My question is, am I also a Category 2 filer since I was a director of the company, and even though my share ownerships didn't increase, I was the director of the company when another shareholder (Mark) who is a US person did see his ownership increase?

In that correct? I'm a bit confused by who files at a Category 2 because accountants have told me different things (one says I am a Cat 2 filer, the other says I am not).

Any help is GREATLY appreciated!!
 

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