@Tette , sellers fees ( my usage of the term ) are the sales commission, any fees that have to be paid for the right to sell / transfer etc. etc. -- just a catch all term for all the paperwork type of fees that one pays in different countries ( in the USA this would be realtor commission, inspection fees, up to code fees/ expenses, title insurance fees etc etc. )
The foreign capital gain and tax thereon is a foreign tax that is eligible for foreign tax credit -- passive category , just like any other capital asset sale. The foreign income from the sales ( the gain per the local tax laws ) is foreign income that is taxed by a foreign taxing authority. A form 1116 is required for this .
The US capital gains and tax thereon is computed under US tax laws and may be very different from the foreign capital gain. So yes you can get capital treatment for this . While it seems like you are double dipping -- you are not. The underlying asset and disposal thereof is being taxed by two different jurisdictions under different & local rules.
@jtax
