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Level 15
Level 15

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@abhinavgulechha 

From your points:

1.  while the term "proportionate "  is correct but it is used as a mechanism to  identity/compute the US tax on that doubly taxed income.   This is because  , while the treaty generally requires US to  recognize / credit taxes paid to a foreign country, it generally  cannot allow  more credit than US taxes on the same income.  Thus the  US  recognizes the full  foreign taxes paid  ( dollar for dollar ) but the allowable credit for the  US tax year  is  the lesser  of the amount paid to the foreign taxing authority and  the US tax on the same  income.

 

Note that  the doubly taxed "foreign income" is generally the lesser of the foreign source  in come per US laws and the foreign source income per the "other contracting" country.  This  can get quite messy / involved because  while the "gross" income may be the same the adjustments/ deductions to it are computed per the laws of US and  the pother country   ( per the saving clause ).  A classic example of this is for foreign source rental income --- everybody agrees on the  gross rent amount, but the  allowable  deductions including  depreciation, amortization  etc.  vary from country to country.  Therefore , one needs to keep in mind what one is trying to  achieve ---  the doubly taxed income  ( i.e. that portion of the foreign source & gross income that is being "taxed " by both countries  ( mitigation / avoidance of double taxation clause ).

Your points 2 and 3 are  things to be aware of  --- residency per the  state laws and absent direct State to country  (  e.g. Canada & NYS,  Canada & MI ), US states generally do not recognize  US and another country tax treaty conventions/ articles.