The numbers you're seeing, especially the $40,540 figure, are the result of the Capital Gain Rate Differential Adjustment. This is likely the issue you are faced with.
The IRS uses the .4054 mu...
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The numbers you're seeing, especially the $40,540 figure, are the result of the Capital Gain Rate Differential Adjustment. This is likely the issue you are faced with.
The IRS uses the .4054 multiplier because you are paying a lower tax rate (15%) on that $100k than you are on your ordinary income (24%).
If the IRS let you report the full $100k on Form 1116, you’d end up using foreign taxes paid on income taxed at 15% in the US to offset taxes in your 24% bracket. To avoid this, the IRS reduces the amount of foreign income you can claim, so it matches the lower US tax rate.
You mentioned you did not tick the box for "Unrecaptured Section 1250 gain." This may be a potential red flag.
In the US, when you sell a rental property, the depreciation you took (or should have taken) over the years is "recaptured."
This portion of the gain is taxed at a maximum of 25%, not 15%.
If you had $20k of depreciation over the life of the property, $20k of your $100k gain should be taxed at 25%, and $80k at 15%.
The Net Investment Income Tax (NIIT) of 3.8% is a separate issue..
Standard Foreign Tax Credits (Form 1116) cannot be used to offset NIIT.
While there is a complex workaround using the US-Australia Tax Treaty (Section 59(a)(2)), most standard tax software won't calculate this. You effectively have to claim a "Treaty-Based Return Position" (Form 8833). Without this, the $3,800 is a flat cost regardless of how much you paid in Australia.
Keep in mind, the $24k of taxes you didn't get to use ($32k paid minus $8k used) isn't gone. It carries back 1 year and forward 10 years to offset future foreign passive income.
Please reach back if you have additional questions.