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ps_raghavan
Returning Member

Tax handling of International property sale and its proceeds' funds transfer into USA

I have sold an overseas property that i had declared to IRS earlier. Understand that i need to pay taxes for the gains; 

  • It has been > 5yrs since i got this property, and hence i might be taxed with long term capital gain tax% right? 
  • If I could bring the funds (gains) and reinvest them in properties in USA, can I avoid capital gain taxes in USA? 
  • Is the computation for gains right? = (Sale amount - Initial investment mount - any expenses to buy/sell the property); Cannot include any amount spent on mortgage interest >> Those might just impact rental gains but not property sale gains right? 
  • Should we inform IRS on any funds/wire transfer that i do to bring those funds? I have already declared this property to IRS for last 5x years; Since its coming from my own account overseas to my account in USA, will there be any taxes (gift) at USA? 
  • How much funds can I bring into USA per year (wired)? Do I need to alert IRS for any such funds transfer?  
  • Is there any tax form that i need to file for above transactions? 
  • What is 1031 exchange? 
  • Which turbo tax package has knobs to address above items so that I could file my taxes just using turbo tax? 
  •  
  • I bought a rental property in USA that is on trust; I had some expenses on the house for last year, but no rental income. Can I use that to offset my rents that I got from overseas? 
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1 Reply
DaveF1006
Expert Alumni

Tax handling of International property sale and its proceeds' funds transfer into USA

It depends.  First of all, what type of property was this? Was it investment property? Was it rental property you previously reported on a US tax return? Let's assume that this is strictly investment property and report it as investment income.

  1. Log into Turbo Tax >Income and expenses
  2. Investment Income 
  3. Stocks, Cryptocurrency, Mutual Funds, Other (1099-B) 
  4. Choose the Other option on what type of investment was sold.
  5. Say yes to the question Did you sell any of these investments in 2021?
  6. Choose Other for the type of investment sold and answer the questions.
  7. Next screen asks who brokered the transaction. Here you can mention a bank or name of a person. This is not a critical question other than the fact Turbo Tax won't allow you to leave this blank.
  8. Next screen will state Now we’ll walk you through entering your sale details.  Here is the first drop-down, you will indicate other.  Then finish out the interview by entering cost basis, proceeds etc. For expenses, you may list any sales expenses that occur except for property tax or mortgage.
  9. Depending on the data you put into your returns, Turbo Tax will determine the right forms you need to file your return, which includes Schedule D, 8949, etc. This answers your questions but let's now address the rest of your questions.
  • Yes, you may need to pay long term capital gains on this transaction.  Be prepared.
  • You will not be able to defer your capital gains by reinvesting your money in the US. You will still need to pay those.
  • You are correct in your calculation of your basis. You are also correct in assuming that you cannot add your mortgage and property taxes to your basis.
  • When you bring money into the US, it is the US Customs and Border Protection that you must be accountable to initially. Here is a website you may wish to research for further information. You may wish to contact them for more specific information on what to expect when you transfer money into the US. This includes finding out if there is a limitation on how much money you are bringing into the US. We have no specific information for this.
  • If you are current on your FBAR and FIN CEN requirements, these are the only two forms that the IRS may require and this will be verified by the US Customs and Border Patrol when your transfer is initiated.
  • If the money is all yours, you will not need to file a Gift Tax return or a 3520. 
  • According to this IRS.gov website, a 1031 exchange is Like-kind exchanges -- when you exchange real property used for business or held as an investment solely for other business or investment property that is the same type or “like-kind”.  In the IRS website, it does say that real property in the United States is not like-kind to real property outside the United States thus a 1031 exchange is not permissible in your case.
  • You would need a Turbo Tax Premier product to report this transaction.
  • Now for the last question, each rental property must be accounted for separately because it can affect passive losses if the property is sold. Please view this at the following link. Keep in mind, if you have this in a trust that has a separate EIN, you will need to file a Trust Account form 1041, which is available in the Turbo Tax Business product. The trust account is  it's own separate business entity apart from you.

    Edited 01/25/22| 03:54 PM PST

 

 

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