pk
Level 15
Level 15

Get your taxes done using TurboTax

@confusedabd , Namaste ji.

 

As mentioned above generally under  article 19 section 1 & 2 , ONLY India is allowed to tax pension paid to a Non-Citizen of USA, residing in the USA.  Please read the  earlier quote from US-India Tax treaty / technical explanation.

I am also  providing a page  link from the IRS that talks about the use of form 8233 and exceptions thereto requirement.   See -->  Claiming tax treaty benefits | Internal Revenue Service (irs.gov)

near the bottom under "exceptions".

What this means is  you enter the pension income under pension/IRA block, create a dummy 1099-R, using  EIN of the payor as  00-1234567 or obvious  dummy one like 12-345678. so you satisfy  TubroTax checks.

Then under  other income you  generate a  negative pension amount and in the comment/source field of the income enter   " US-India Tax Treaty article 19 section 1 & 2"

  This will show the amount of pension and zero it out based on the treaty.

NOTE -- in this I am assuming that you are a Resident but not a citizen of USA.

 

On your question about  interest earning greater than the safe harbor amount --- note that depending on how much higher than the safe harbor amount the actual amount is .  Form 1116 will recognize the total amount of taxes paid on passive income ( interest income )  but will limit the amount for the year to lesser of actual paid  or allocated US taxes on the same amount ( the allocation is based on ratio of foreign source income to  world income).  Some time it is better/more beneficial to just claim the safe harbor amount  ( while all income must be recognized , there is no requirement to recognize all taxes  paid to a foreign taxing authority  ).

 

Is there more i can do for you ?

 

Namaste ji

 

pk

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