pk
Level 15
Level 15

Deductions & credits

@richardR1   fully agreeing with my colleague @Opus 17 ( for a very complete answer) , just wanted to add  that   the  double taxation relief ( through  foreign tax credit) is based on "double Taxation " clause  in the tax treaty  between   US and that other country.  Thus if  the country where you are  paying  capital gains  tax does NOT have a tax treaty with the US,  then there is no real mechanism for  claiming foreign  tax credit -- form 1116 does ask for  foreign income source country.   However, if you itemize  and use the foreign taxes  paid  in place of  State & Local Taxes -- SALT  ( with the current US$10,000 limit ) there is no such question.  It is somewhat of an uncharted territory -- I have not seen any  case law  (tax court) on this, yet.

 

Also please note that because  foreign currency etc. is involved,  any financial accounts that you own and / or have signature authority over  may come under  FBAR  ( FinCen form 114 on line only ) and  FATCA  ( form 8938 ( filed with your return ) may come into play.  While these are information only, have no tax implications,  willful violation can attract  onerous penalties.

 

pk