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As L1B Visa holder, not US citizen, do I need to report the land properties that I've bought in 2019 in my home country?

I bought these land properties in my home country using the money that I had there in my bank account (it is not US money). This money I've reported in the past year in my FBAR form.

I would like to know if it is needed and if could be a good option to declare/report this. If so, how should be the best way to proceed?
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3 Replies
DavidD66
Expert Alumni

As L1B Visa holder, not US citizen, do I need to report the land properties that I've bought in 2019 in my home country?

Foreign real estate held directly is not required to be reported on Form 8398 or FBAR.  If it is held by a foreign entity that is a specified foreign financial asset and its value will include the value of the real estate it must be reported.

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As L1B Visa holder, not US citizen, do I need to report the land properties that I've bought in 2019 in my home country?

I understood.

 

But if I sell these properties for a higher value than I paid during this year, will I have some problems with the next TAX report (FBAR) due my 'profit'?

 

I'm asking because I will increase the amount of money in my own country, even though I had no income there. I don't know exactly if US will ask me explanation about it in the future.

KarenJ2
Expert Alumni

As L1B Visa holder, not US citizen, do I need to report the land properties that I've bought in 2019 in my home country?

No there would be no issue with your FBAR reporting if your balance in your foreign bank increases.  However, you will have to report the sale on your US tax return.

 

As a US tax resident, you will need to declare your worldwide income each calendar year.  If you sell the land while a US tax resident you will need to report the gain/loss on your US tax  return.

 

The gain is calculated by translating the purchase price using the exchange rate on the date of purchase, the cost of capital improvements using the exchange rate on the date the improvements were made and the exchange rate to USD on the date of the sale. 

 

There is a secondary calculation if you had a foreign mortgage on the on the foreign property  you sell. 

The Exchange Rate Gain from paying off a mortgage denominated in a foreign currency is treated as a separate transaction and is calculated by translating the amount of the loan using the exchange rate at the time the loan was originated and the exchange rate at the time the loan was paid off. The resulting “gain” is taxable as “ordinary income”  

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