pk
Level 15
Level 15

Retirement tax questions

@vrflash , agreeing with @Anonymous_ , that the sale of partial ownership ( share ) of realestate is a sale  of capital asset  to a related party . 

(A)  You report this just like  disposition of  capital asset  in the USA ---

1.    type of acquisition  ( inheritance ),,

2.    acquired  date  ( when actually ownership was affected  i.e. transferred by the estate of the demised ),

3.     basis  ( FMV of the asset /share on the date of death of the decedent  plus  cost of any improvements  LESS any allowable depreciation iff used as income generator in the meantime )

4.     Sales Proceeds  ( FMV at the time sale/ transfer to the relative )  LESS any sales expenses and transfer taxes etc..

5. The gain is taxable  ( ordinary ).  Losses are not recognizable because of transfer between related parties.

Your report all this on form 8949 and to schedule -D

 

  ( B )    Because this is a inheritance / gifts case from a foreign person / estate/ trust , you also have to report  the bequeathal  on form 3520  ( assuming g that the cash you were bequeathed is  equal or more than US$100,000  -- this is only an informational reporting with no tax consequences.

 

(C)    Because you have a  Foreign Bank account and you would have had  more than  US$ 10,000 sometime during the year , you must report this account  details  ( for FBAR purposes  ) on form 1114  ( ONLY online reporting at www. FinCen.Gov )

 

(D)  From a reading of the  US-Israel Tax treaty, there may be tax consequences of the transfer of the ownership ( sale of real estate ) and if any taxes are indeed levied, that tax  may be eligible for foreign tax treatment  ( credit / deduction).

 

(E)  generally transferring monies to the USA  ( Bank to Bank transfer) is not a tax item -- depending on the amount the bank may raise SAR as a routine matter . However if the amount is above a trigger point ( i think it is around US$10 million ) there is US Treasury permission required .

 

Please also note that  FBAR form 114 and form 3520 do not go with your return for the tax year --- see  instructions at www.irs.gov

 

Does this help / answer your question(s) ?   Is there more I can do for you.

 

pk

 

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