pk
Level 15
Level 15

Investors & landlords

@jjayarama ,  as I understand your situation  1. you inherited a property in India   with a then FMV of  XXXX US$ equivalend.  Subsequently you sold the property  within six months  for actual  YYYYUS$ equivalent.  India's tax based basis indexing and sold price  is IIIIUS$ equivalent.  Yes ?

 

(a) Because this is within such a short time since the demise of the decedent ( especially in India ), one could reasonably substitute the sales figure as the FMV  for six moth earlier.  

(b) This would imply that for US tax purposes there is probably a small loss  on expenses for  preparation for sale, sales commission, transfer tax , currency fluctuation etc. 

(c) Thus your foreign income is a small longterm capital loss.

(d) In this scenario, the foreign tax credit ( recognized dollar for dollar ) allowed for the current year would be zero because  it is based on a  ratio of foreign income to world income  based total tax allocation.

 

If on the other hand you want to apply the US rules as intended for US situations, then you have to get an appraisal  for the property as of the date of demise of the decedent as your BASIS  and then follow through as above.  Knowing India as I do, I don't believe you will see that much of a difference in the FMV in six months  barring special situations ( mostly because  deal making especially landed property in India takes a very longtime and there is very little speculation -- the buyer knows the potential very well .

 I have personally dealt with similar situations in Mexico and six months no make no diff.

 

pk