pk
Level 15
Level 15

Deductions & credits

@nikshep_s  thank you for  the clarifications.  My understanding of the situation is as follows;

(a) you, a US person ( citizen/ GreenCard/ Resident for tax purposes )  was  bequeathed a property in India  through inheritance.

(b) you sold this asset during  2024.

(c)   The country of the asset ( India ) taxed  you based on its laws --- note that  India uses an indexing  process  ( to recognize   inflation based  adjustment to basis ) and then taxes the  remaining / resultant gain.  ( although   I think India  holds a 20% tax through tax at source rules  and then adjusts once the determination is finalized  i.e.  after tax year has closed ).

 

For US tax purposes;

1. you compute the gain  under its rules -- i.e. stepped up basis  to FMV at the time of passing of the decedent.   Thus if you hold the property for quite some time after the inheritance is affected , the  basis remains the same but the gain is likely to quite increased  , even allowing for  exchange rate  degradation.

2.  Taxes imposed/ paid  on the  US gain is the amount that is being doubly taxed (  it is actually the lesser of the US gain and the Indian gain) and this goes on your form 1116 as the  foreign source income subject to double taxation.    Note that what we are trying to here is determine the amount in US$ that is being taxed by both taxing agencies.

3.  While most use the  total foreign taxes paid  for requesting credit  ( it should really be the  foreign tax on the amount that is being doubly taxed  & allowing for different tax rates  by different countries ).   Also any  foreign tax credits banked from earlier years only adds to the total amount of  foreign credit but may or may not  gain anything .  This is because  form 1116  has two limitations  ---- (a)  ratiometric allocation  of foreign tax credit based on  the tax  on foreign source income to  that on world income and (b) the  lesser of taxes imposed  on the  foreign source income -- US and  Foreign taxing authority.

 

Does this help or am I creating more confusion?        If you like a more private / detailed discussion  on unique features of your case  ( that is not of interest to general community ) you are welcome to PM  -- but please no  personally identifiable info. -- identity sanitized.

 

pk