Foreign Capital gains tax If I am present in the US for less than 183 days

[pottaanon]

Heads Up , My question is with regards to the publication 519.

I am not a green card holder or US citizen.( I am still on a H1B Visa)

And I have been a Tax resident from 2017 - 2020( in the USA all days of each year).

In 15th Jan 2021 I came to my home country( India)

And planning to come back to the US in August 2021.

So my total stay in the US will be less than 183 days for the year 2021.

--> I sold a real estate property and some stocks in my home country

Question: is the real estate and stock sale that happened in my home country subject to capital gains tax in USA? I am asking because I stayed less than 183 days in the US.

PS:- I understand my US salary income is taxed even for the year 2021, since I will meet the substantial presence test.

I am referring to   Page 22 Chapter 4 of the publication P519.

It says,  " If you were in the United States for less than 183 days during the tax year, capital gains (other than gains listed earlier) are tax exempt unless they are effectively connected with a trade or business in the United States during your tax year."

I want to be sure that I am reading the document correctly or I am just picking something out of context ?

[pk]

@pottaanon , if I understand your scenario correctly:

(a) you a Resident for Tax purposes  and have been so  for a few years;

(b) you are on H-1B visa which has not expired i.e. it is still current 

(c)  you left USA in Jan of 2021 and plan to stay abroad ( Home Country  ) till Aug of 2021

(c) you have had  wages (?) from  USA during this  sojourn abroad -- (working remotely from  India  ?)

Now the question is  whether  any gains from disposing  of assets in India ( home country ) would be taxable income in the USA.

If the above is correct  then   (1)  your  work in India  ( unless  just temporarily present --- need Indian tax code  definition ) would generally be  classified  as India sourced income and  India should be taxing it.  Of course  IRS will try to assert that  because you received payments  in the USA ,shown on W-2 , closer connection to the USA,  the doctrine of income is sourced  to your tax home / where  work is  executed is not applicable here etc. etc.

(2) because  you are still receiving income, being treated as an employee  and your work visa was never terminated ( no exit/sailing permit  ? )  that in fact you are a resident for tax purposes for the  whole year of 2021 and therefore  taxed on your world income including gains from disposal of assets  anywhere on the planet.

 That is what I opine ----  but am willing to be convinced otherwise  with  situational data or  error in my assumptions of the  case.

Is there more I can do for  you ?

Namaste

Stay safe

pk