pk
Level 15
Level 15

Deductions & credits

@punjun2019  following up from my colleague @DianeW777 's post and just expanding a bit ( to be sure that we are all on the same page )

(a)  While it is general practice often in India  to   buy a property ( under construction by developer ) by paying  progress payments  and the final amount  for beneficial occupancy  -- the total  by that time is the basis for acquisition.  To this  you still have to add  all the payments required to make the place habitable  ( whether you call it improvement  or not ).  There are also transfer taxes etc. that you must pay and sometime fees / commission.  All these amounts are part of your acquisition cost.  I  know this is very different  from the experience in the USA.

(b)   For sale of the property ( i.e. when dis pose off the asset ) and assuming that  you have used it ONLY for personal usage,  the  gain/loss computation  for US purposes is based on US laws -- no indexation  ( it does not matter whether you used indexation or the new methos for your Indian ITR ).

(c)  For the question on whether to use Foreign Tax Credit or Deduction,  please see  @DianeW777  answer .  Just note however 

                 1.for 1116 the limit of allowable credit  is  the lesser of  actual paid to India  and  US tax on the same  gross foreign income -- so the best you will get is the credit equal to US tax ( allocated );

                   2.   for deduction  ( while using itemized deduction -- Schedule-A -- because  the foreign tax is viewed  as  SALT  ( Sate and local taxes ), the US$10,000 comes in to play.

 

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