pk
Level 15
Level 15

Get your taxes done using TurboTax

@yodawalle123 , assuming  that you are a US person ( citizen/GreenCard /  Resident for Tax purposes ) and for US purposes :

1. In your particular case   this being un-developed land, there is no depreciation to consider,   your  gain/loss   =  Sales Proceeds  ( which is Sales Price LESS sales expenses such as  agent commission, recording fees , Escritura costs such as Notario charges/fees etc. etc. ) LESS  Basis  ( which is your  acquisition cost plus   cost of any improvements like fencing etc. ).  TurboTax will generally collect these bits of info and fill out the form 8949 / Schedule D and on to form 1040.

2.  Note all the  figures are in US$ and generally using  either dollar of the day or yearly average or similar.  So if your acquisition was in 2016 say, you need to use the yearly average  for that year to convert to US$.   Please keep record of  which exchange rate and source your used ( in case of a challenge ).

3. Mexico collects IVA   on all transactions -- this is a value added  tax. This does not appear anywhere  on the US return -- NOR is it eligible for Foreign Tax Credit.

4. Once you are done with this portion i.e. entry of the income from the sale of the asset in Mexico, you move to the  Deductions and Credits section .  Here  you can  claim  Foreign Tax Credit / Deduction  to reduce the  double Taxation bite.  TurboTax will walk you through filling out  form 1116  ( Foreign Tax Credit).  

5. Since US and Mexico has a Tax Treaty in effect,  the form 1116  will need the following  details  to compute the  credit ( to reduce your US tax burden ).  Foreign Source Income -- this the gross  gain from the transaction -- generally this will be the same as the gain  computed under US tax laws, as explained above.  Foreign Tax Paid -- this is the total tax you have paid  to Mexico .  Note that this does not include IVA -- it is ONLY the INCOME TAX / Capital Gains Tax you have paid.  This is because the treaty covers only income tax and excise taxes.

6.   While   the full amount of income tax paid is recognized  ( dollar for dollar ), the allowable  Foreign Tax Credit is the lesser of  actual paid  to foreign  taxing authority and that imposed by US   on the same doubly taxed income.   The rest is banked  and can be carried back one year or forward for 10 years.  Note  that to use the banked/carried forward  FTC, you must have Foreign Source Income in any year that wish to use the credit.

 

Does this answer your query ?  Is there more I can do for you ?

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