pk
Level 15
Level 15

Get your taxes done using TurboTax

@curious4913 , assuming that this senior is a citizen of USA or a Green Card holder, US taxes her on her world income ( i.e. irrespective of source country).  Because she has income from her country of residence ( India  in this case ), she will have to meet the tax laws/regulation of that country.

US-India Tax treaty will apply in this case

1. For the US return ( note that because of the tax year differences, she will have to prorate  both the income  and foreign taxes  for US purposes ) she  will file a form 1040.

2. to ameliorate double taxation, she has three options:

(a) she  can use foreign earned income exclusion  , if she meets the Physical Presence Test  ( at least 330 days abroad in any 12 month period ) -- this is generally the least complicated  and  most tax benign option; however this applies ONLY to active earnings ( employment or self-employment.

(b) she can use itemized deduction  for the foreign taxes paid -- if it is beneficial for her to use itemized deduction but SALT limitation currently applies;

(c) she can use foreign tax credit -- this is complicated because you would need to use one for passive category and another for active employment earnings. Also if the earnings are all passive then  there is a safe harbor ( direct/full amount) amount of $300 per filer -- do not need to use form 1116 and allowable limitations  ( allowable amount is based on a ratio of foreign income to world income )

3. My personal favorite for such returns is  TurboTax Home & Business  and using the downloaded/CD version.

 

4. The Economic stimulus payments are not taxable income , Social Security may be  and foreign passive  also may be .  Suggest you run her incomes through TurboTax and see  where she comes out -- she may be below the threshold for "required to file" and the taxes on her income in India may be just a lost cause -- note foreign tax credit just reduces  your US tax liability ( Non-Refundable Credit )

 

Is there more I can do for you ?

 

pk