pk
Level 15
Level 15

Get your taxes done using TurboTax

@muralinn , Namaste ji.

As I understand from you  short post, you  a US person ( citizen/GreenCard/ Resident for Tax purposes )  have sold equities  (  when acquired,  when sold,)  paid Indian tax  ( finalized or  just the usual 20%  or more  collected at source).    

Now the question you are raising is  if you are eligible to use Foreign Tax Credit to mitigate the double taxation of this foreign source income  ( I am assuming here that these equities are bought / sold through your broker in India  and/or these equities are placed/ listed ONLY in India.

 

While , I await your answer (s ) to the questions I have asked  ( the parenthetical items above ),  in general because India and US have a Tax Treaty in place , including  the double Taxation clause, YES indeed you could use the  Foreign Tax Credit/ Deduction to  ameliorate the effects of double taxation..  Whether you should use the  form 1116 really depends  on your filing status and the quantum of the total foreign tax levied / paid  on this foreign income..

Because you have both short-term and long-term gains  ( per US tax laws ) you need to be careful to make sure that your total foreign source income and foreign taxes paid thereon be properly allocated. / accounted for.

I will circle back once I hear from you .

 

Namaste ji

 

pk