pk
Level 15
Level 15

Deductions & credits

@NS_CN ,   Please excuse the delay in answering your query.

 

1. The exclusion of gain from the sale of main home is applicable only when the home was used by the taxpayer (s)  as main home within the last five years -- counting from the date of sale completion  ( "closing" date ).  From your post  -- the property was being used by your parents  does not qualify.  If they were filing a return and the property  was in their name then they could have qualified for the exclusion.  The  eligibility to exclude  as described in code section  121, requires -- (a)  the property must be owned by  at least pone of the tax payers; for two years (b)  both taxpayers must have used the property as main home/ residence for 720 days with a look back period of five years from the date of sale and (c) neither taxpayer must have used this exclusion during the last two years.  My ref in this is   -->  26 U.S. Code § 121 - Exclusion of gain from sale of principal residence | U.S. Code | US Law | LII /...

2. When you tell TurboTax   that you have  sale of residence -- it would walk you through  filling out the required forms  8949 and Schedule- D and on to form 1040 as required.   I am assuming you are  using the step-by-step ( interview  ) method and not forms mode.  It will ask for  details  like   When did you acquire the  property, how did you acquire  ( purchase , gift  or inheritance etc. ), what did you pay,  how did you use the property  ( personal use or income generation );  when did you sell thew property ;  How much did you sell the property for  etc. etc.  Through all of this TurboTax will compute the gain/loss based on US laws and will transfer the final figure to form 1040.

3.  Assuming that India  collects TDS and you have to file an ITR to settle the final   tax on the gain ( per Indian laws ), that  Foreign Tax is eligible  for Foreign Tax Credit ---- US-India  Tax Treaty  article  " mitigation of double taxation ".  Note however, while the total taxes  paid to India is recognized ,  the allowable tax credit  is the lesser of  US tax allocated to this  doubly taxed income and that paid to India.  The most you can get is full credit of the US tax.  The rest of the foreign tax is banked and can be used backward for one year or forward for 10 years -- but you must have foreign income to be able to use it.

4  As a US person you are subject to FBAR  ( form 114 at FinCen.gov and only on-line filing ) and FATCA  ( Form  8938   along with your  return for the year ) regs.  TurboTax will help you fill out the form 8938. While these  forms  are only informational ( no tax impact ), filing these  is mandatory if required.  Here is some info  on these two forms -->  Comparison of Form 8938 and FBAR requirements | Internal Revenue Service

Does this answer your query ?  Is there more I can do for you ?

 

Namaste ji

 

pk