Hi
My Dad is a recent green card holder (permanent resident) in USA.
He receives pension from Indian government (Central government). His pension is tax deducted at source. 2023 will be the first year to file taxes in USA.
1. Should he declare his pension in his 1040 filing? His family pension is about $2000/month and 65yr+
2. Can he claim tax credits in Form 1116 (foreign tax credit) for the taxes he paid to Indian government?
3. What proof is required (if any) to be attached to the 1040 IRS form? He does not get 1099 or W2 for the Indian pension
Thanks
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@4SV , Namaste ji
1.you did not say as to when your father arrived in the USA ( we are talking about 2023 tax year I hope ). The reason for need of the entry date is because the residency start date for the tax year is determined by this.
2. If the residency is not for the full calendar year, then one cannot use the standard deduction and thus may impact the taxable income. So please provide this date as also whether he was present ( the number of days ) in the USA ( for any reason ) during 2021, 2022 and 2023. What visa if he was present prior to the immigrant visa issuance/ activation/ admission.
3. As a Green Card holder ( US person ) one is taxed by the USA on his/her world income ( i.e. income from any and all sources and countries ). So recognition of pension from another country is mandatory.
4. If the income ( sourced in another country ) is taxed by another tax jurisdiction, AND US has tax treaty with that country, then the double taxation bite may be ameliorated/ reduced by using foreign tax credit / deduction. The extent of this relief ( for tax credit or deduction ) for the current tax year is limited to some extent. Note that this reduction of tax burden is generally applicable ONLY to federal taxes and states mostly do not recognize the tax treaties.
5. Proof of foreign earnings and taxes paid thereon is generally not asked for except in case of audits. ( so it ia good idea to keep these documents for at least three years and perhaps for as much as six years ).
6. Note also that if the foreign income is passing through a foreign bank account that the taxpayer either owns and / or has signature authority over , both FBAR and FATCA regulations come into effect.
Is there more I can do for you ? In further discussion on this topic/ thread it will be necessary for you to answer my questions above.
Namaste ji
pk
@4SV , Namaste ji
1.you did not say as to when your father arrived in the USA ( we are talking about 2023 tax year I hope ). The reason for need of the entry date is because the residency start date for the tax year is determined by this.
2. If the residency is not for the full calendar year, then one cannot use the standard deduction and thus may impact the taxable income. So please provide this date as also whether he was present ( the number of days ) in the USA ( for any reason ) during 2021, 2022 and 2023. What visa if he was present prior to the immigrant visa issuance/ activation/ admission.
3. As a Green Card holder ( US person ) one is taxed by the USA on his/her world income ( i.e. income from any and all sources and countries ). So recognition of pension from another country is mandatory.
4. If the income ( sourced in another country ) is taxed by another tax jurisdiction, AND US has tax treaty with that country, then the double taxation bite may be ameliorated/ reduced by using foreign tax credit / deduction. The extent of this relief ( for tax credit or deduction ) for the current tax year is limited to some extent. Note that this reduction of tax burden is generally applicable ONLY to federal taxes and states mostly do not recognize the tax treaties.
5. Proof of foreign earnings and taxes paid thereon is generally not asked for except in case of audits. ( so it ia good idea to keep these documents for at least three years and perhaps for as much as six years ).
6. Note also that if the foreign income is passing through a foreign bank account that the taxpayer either owns and / or has signature authority over , both FBAR and FATCA regulations come into effect.
Is there more I can do for you ? In further discussion on this topic/ thread it will be necessary for you to answer my questions above.
Namaste ji
pk
Namaste pk ji
Thanks for your response.
My parents got their US Green Card (Permanent residency) in July 2023. Port of entry and state of residence is Texas. They have been in Texas from Sept5, 2023 from India.
As per bullet 4) of your answers, India does have a Tax treaty and that implies I can file for foreign tax credit on Federal tax filing. Texas does not have state taxes.
On bullet 6) of you answers, I understand FBAR filing of foreign bank accounts if total amount exceeds $10,000. I will double check that.
@4SV Namaste ---- thank you for your response ( answered my questions ).
Thus, your parents will file the 2023 return as Residents ( GreenCard Test ) but only as a part year resident i.e. residency beginning 5 th of Sept 2023. So for their 1040 form they will have to take itemized deduction, include all pension payments received post the entry date ( world income from that date onwards ) and be able to claim any taxes paid ( to India ) either as a post that date either as a deduction or as foreign tax credit. Please make sure the conversion factor used is as of the date of dep[osit in the bank in India.
Yes they would be subject to FBAR and may be FATCA.
If there is more I can do for you , please either add to this post or PM ( if the topic is not of interest to general users ).
Namaste ji and greetings to your parents
pk
I woud like to get in touch with someone who can help me on this topic. Trying to file taxes for my parents who got their Green card in 2023. Appreciate any help. Thanks
@slaligam , please tell me more about your situation -- else I don't know whom I can page to help you .
please
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