pk
Level 15
Level 15

Deductions & credits

@MS310 , Having read through your situation ( vis-a-vis indexation of basis in India  in gain computation ),  -- I think I have answered similar before :

 

 For US tax purposes :

 

(a) you treat the sale of the asset as if the asset was in the USA / domestic  and compute your capital gain tax.

(b) in the  Deductions & Credit section/tab, you select foreign tax credit

     (1) On form 1116  you enter the total foreign sourced income  i.e.   Asset sales price   less  sales expenses   (including commissions, transfer tax, sales prep etc. etc.  --- not the taxes paid to Govt. of India)  LESS  your Basis  ( Original acquisition  cost  plus cost of improvements ).  This should be the same as your gain on Schedule-D or 8949.   This the amount that is being doubly taxed.

       (2)  On form 1116 you enter the total foreign taxes paid  ( Collected at source ).  Note that this amount should be   the final tax amount  ( otherwise you have to file an amended return to reconcile with the final amount ) .

 

Note that  your  foreign tax credit  while recognized  US$ for US$, the allowable amount for the tax year is based on a ratio of foreign source income to your world income -- the rest  can be carried back one year  ( again limited by the same ratio ) and forward till quenched 

      

 

Does this help or do you need more info on this ?  Is there more I can do for ypou ?

 

Namaste

 

pk

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