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My dad is planning to file his return in USA as he is green card holder. He has no income here and only income is Pension back in India. What documents you need from him?

 
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MiriamF
Intuit Alumni

My dad is planning to file his return in USA as he is green card holder. He has no income here and only income is Pension back in India. What documents you need from him?

Your father’s pension may not be taxable in the United States, depending upon who paid it.

The Tax Convention with the Republic of India states that a pension paid out of public funds for service to the government is taxable in the state of residence, but a private pension and social security payments are taxable only in India. See below for more information.

https://www.irs.gov/pub/irs-trty/india.pdf  

If his pension is not taxable, stop here.

If the pension IS taxable, then you need to determine if his income exceeds the filing threshold.

Your dad should have a statement from the entity that paid his pension. If it is in rupees, you will have to convert the amount to U.S. dollars.

For tax year 2016, he must file an income tax return if:

·       He was under 65 years old on January 1, 2017 and his income was over $10,350; or

·       He was over 65 and his income was more than $11,900.

When calculating his income, do not include any amounts that are not taxable under the tax treaty.

If he is required to file, any tax that was paid to the Republic of India counts as a credit against any tax he owes in the United States. That amount is reported on Form 1116.

Assuming your father is required to file, he should mail his return to the IRS along with a copy of his pension statement (do not send the original).

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