pk
Level 15
Level 15

Deductions & credits

@Taylor2025 , having read through your post and refreshing my memory of US-PRC Tax Treaty, I would say the following:

(a)  under article 6, Chine where the property is located  has a right ( not exclusive ) to tax the income from letting the asset.

(b) article 22  shows  the mechanism to be used by each contracting state to ameliorate the effects of double taxation.  US in particular does recognize the total; amount of taxes paid to another contracting state   on income  taxed by both countries.  But the rub is how US does it.

(c) The  foreign tax credit ( form 1116 ), while recognizing  dollar for dollar foreign taxes paid or levied,  limits  the allowable amount  for the tax year based on essentially a ratio of foreign income to  World income.. The rest being available for  carry back or carry forward  but again  limited by the ratio mentioned above.

(d) Or  one can take a deduction of the full amount of foreign taxes  paid   when one itemizes and  but again limited by  State and Local Taxes ( SALT ) limitation  of US$10,000.

(e) On US taxes on Schedule-E income  ( Supplementary income such as rental income ), and recognizing rental income, allowed expenses , property taxes, dues, legal fees  etc. and depreciation etc. one ends  up with an amount of income that is taxed as ordinary income ( marginal rate ).  That is part of the total taxes due for  Federal purposes.  This is reduced by Foreign Tax Credit allowable for the year.

 

I  don't have  direct knowledge  of whether China allows  depreciation of asset  but in my experience  ( unless the world income pushes  one into very high . bracket ) generally US federal taxes are reasonable 

 

I hope I have answered your query as completely I can .     If there is more I can do , please feel welcome to add to this thread.

 

pk

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