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4 Replies
pk
Level 15
Level 15

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@Mohit , without knowing your immigration status ( US citizen/Resident/ Resident for Tax purposes and visa  type ) ,  the category of foreign tax credit  ( i.e. foreign income  category that created the residual  tax credit  ) , your citizenship ( if not US  )  and if the income that you are trying to resource  is for work performed in that foreign country ( and  therefore subject to  income tax in that country ), generally I would say  that you are not likely to  sustain a resourcing of the income from US to your home country ( India ? ).  Besides the tax treaty between USA and that country  would  have a lot to say  in this  situation.  

If you need a more specific answer , please  consider  providing the answers to the questions I have raised above.

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Hi @pk,

 

I did not get notified of your response.

 

pk
Level 15
Level 15

Deleted POST

@Mohit ,  going through the  answers provided, I understand the situation a little bit better.

In my opinion, IRS will dis-allow  resourcing  of this income to India  ( i.e. as  foreign income ).:

1.  sourcing of the income   is generally  based on where  the work is performed  and your tax home.  Thus  if you were abroad for a long enough time  to have a tax home abroad,  local earnings based on local work would be sourced to tax home country and therefore foreign. Even though you performed the work abroad, the  question of  tax home would get in the way

2.  source of the funds is from a US entity and paid  through your bank -, your employer withheld taxes on it  i.e. they treated you as an employee residing in the USA -- temporarily abroad with a definite period of  return .  If the employer were local ( India ) and  paid to you locally then you could have argued closer connection.   There is an example  of this  in the IRS pubs -- a Non-Resident Alien, visiting USA for a month, working  at a branch of the employer ( a foreign entity)  and being paid in the home country. IRS' intial argument was that this income is sourced to USA since the work was performed in the USA by the Non-Resident Alien.  The NRA was  able to successfully  argue that there was closer connection to his home country -- he had a definite return plan, was being paid in home country, his family , bank. etc. were all in his home country.  Perhaps  your employer could have paid you under local employee  rules and thus avoided  this  amount being sourced  to USA

3. I am assuming that there was no Indian tax on this pay and therefore  it becomes even more tenuous  to assert/argue resourcing  to India .  

 

This is not what you wanted to hear  but sorry

 

Namaste ji

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Thank you @pk 

Namaste

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