pk
Level 15
Level 15

Get your taxes done using TurboTax

@patnaik , Namaste Patnaik ji.

  Just to be sure that I understand the situation:

(a) You a US person ( citizen/GreenCard/ Resident for Tax purposes )  inherited  a property  in India  in 2023 with a FMV of  US$180,000

(b) You disposed of this  asset  in 2024  for  sales price of  US$182,000..   Is this the   net amount i.e.  Sales price LESS sales Expenses  ( like commission. transfer tax, any repairs etc. done for purposes of selling etc. etc. ) ?

(c) You paid  US$ 39,000 as capital gains tax ( TDS ? ).  Thought India uses a flat 20% TDS and uses indexing (but  no step-up)  of basis ).  Surely your India  tax return is not filed yet for 2024/2025 tax year.  This will not get settled  still for a while -- no ?

 

General suggestion would be  to not file your US tax return  ( but go ahead and pay-in any tax liability ) till later in the year when the Indian tax is finalized.  Else file now  based on   TDS  and  come back and amend the return when  Indian taxes are settled/finalized.

 

As far as  foreign tax credit,  generally  and per  US-India Tax Treaty,  while US will recognize  dollar for dollar what has been paid/settled with India,  the allowable credit , for the year ,is always the lower of  amount paid to India  and what US taxes on the same income ( double taxation mitigation clause  ).  Thus  given the step up  value, your capital gain tax in the US is bound to be far ,lower than that  you paid in India.

 

Also note that  there is no area in TurboTax ( or  US tax ) where a distinction is made  between assets  disposed of in the USA or abroad.

 

You are welcome to tell me more  ( either here on the public board or PM  ) and I will do all I can to help you file a correct return.

Note that for this type of reasonably complex  returns , my  preference is to use Windows download "Home & Business".

Also note that if the proceeds  stayed in any foreign ban account ( in India ) for any length of time you are subject to FBAR and FATCA regs..

 

Is there more I can do for you.

 

Namaste ji

 

pk