pk
Level 15
Level 15

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@Knjkumar , 

While in my earlier post I was clarifying  that 

(a) in case of an FD / CD, since the bank is "crediting" the interest amount to the account of the owner,   for US tax purposes , you have to recognize the "credited " amount  and pay taxes on that income.

(b) This also implies that  for FBAR  ( form 114 at FinCen.gov ) and for FATCA  ( form 8938 along with your yearly return ), the total account values  ( i.e. including the credited interest ) must be taken into account.

(c)  This does open an issue  with respect to your ITR ( Indian Tax return), -- if you do not recognize  this credited amount and pay Indian Tax  ( there probably is NO TDS  at this stage ), you cannot claim Foreign Tax Credit.  If you wait  to recognize the  earned interest  at the maturity  point, then  while there is Foreign Tax, there is/ may be  NO  Foreign  source income.  Thus there is a need to harmonize the US and ITR filings / recognition of the earnings  AND follow suit for FBAR and FATCA filings.   

I would very strongly recommend  a critical review of  the  contractual document  for the CD/FD to clarify whether  the financial institution will credit  earnings yearly/ periodically or ONLY at the end of the  contract.  The whole  issue centers/ revolves on "credited" and when  and restrictions thereon.

 

Does this help  or am I clouding the  issue more? 

 

Is there more I can do for you ?

 

pk