pk
Level 15
Level 15

Get your taxes done using TurboTax

@seccam ,  what I get from this tread is that 
(a) a US person, sold capital assets ( what type ?  if stocks are these also listed on US exchange or only in India?  etc. etc. ) in India  through local broker/investment house 

(b) Tax payer also has interest income from bank deposits ( savings / CDs or what ) in India.

 

Generally  these types of incomes are treated just as if these were domestic earnings i.e. Interest earnings ( even with absence of  1099-INT) are reported  just like if earned these in the US ; ditto for  dividends   ( no 1099-DIV and generally  these are  not qualified  dividends ) and for Capital assets  ( no 1099-B and therefore are assumed to be not covered i.e. no basis  reported to IRS by Broker ).

 

Reporting these types of incomes as "other" is not correct and the curative  would be to file an amended return correcting these errors -- IRS expects  incomes to be categorized  as per their  individual character.  For example in the case of US earnings, if you enter your interest income as "other"  and not  as interest, the Automatic Under Reporter would  recognize all the incomes reported  and send you CP2000  that you did not report interest earnings. .

 For Capital gains  ( i.e. stocks/bonds  sold in India ), you have report gross income, basis ( i.e acquisition cost including  any commissions  charged then  at then exchange rate) , acquisition date  and disposal date.  You must have records to prove this , in case challenged.  The US taxes are based on this  and is totally independent of India  tax laws.

Then if the taxes paid to India on all these  foreign earnings ( i.e. interest, dividend, net  sales profit  of stocks/bonds before taxes--- sales proceeds LESS  US basis plus any sales expenses/ commissions etc.  converted to US $ on the actual date monies made available to you or the sales date ) on form 1116 as foreign income and the foreign taxes paid against this  -- if you want foreign tax credit . Note that the available foreign tax credit for the year  is  multiplied by the ratio of foreign earnings  to world income --- thus  for US person with US income it is never 100%. .   I can provide details on this if you need.

 

I hope this clarifies  what you have to do  for the 2020 return and you must do for 2021.

 

Namaste (or Salam aliqum )

 

pk

View solution in original post