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There seems to be a lot of confusion over how to report a sale in a fideicomiso in Mexico. What form is this reported on if it was only held for personal use? I see too many answers. Thanks
I am certain it has to be reported.
You can report it as an investment sale if held for personal reasons.
Thanks. Will this info roll over to form 8949? I keep seeing that I have to file this to avoid double taxation. Thanks
Yes, a 8949 should be generated as well as a Schedule D. The information flows from form 8949 to Schedule D. I have seen instances however where a form 8949 was not in the return but found the information on Schedule D. if this is the case, the sale is still properly recorded on Schedule D and this is what is really important.
@mach3833 , agreeing with my colleague @DaveF1006 for his excellent reply, I just want to point out that the "fideicommiso" is only an ABC trust to comply with MX prohibition of foreign direct ownership of real-estate in certain areas. For purposes of US taxes it has no role to play -- I am assuming here that you the "lease holder" of the asset is selling the "leased asset" to another. Thus there is no 1099-S involved.
But Mexico collects taxes from the transaction including "I v a " and capital gains tax. The gains tax would fall under Foreign tax credit ( passive ) but "iva" ( UK' VAT equivalent) I think is like a transaction tax and would not be eligible for foreign tax credit.
Are you all set on this ?
Yes I think so. I just hope Turbo Tax asks the right questions. Hopefully info rolls from one sheet to the other. It was a nightmare several years ago when TT could not figure out the adoption tax credit . Thanks
TT does not show
Am i missing something?
TT wants me to put in bank information.
@mach3833 , tell me more where you are with this filing --- is it asking for bank information in MX or in USA ( for your refund ). Also ( and I don't remember the whole situation -- thought you are selling real-estate . why the asset question --- it should have been just like a house being sol=d in the USA. Let me what I can do for you and in the meantime I will go back through the posts to refresh my memory..
Thanks for your help. The IRS site is so confusing. I am getting there
This is great information. Thanks for sharing. I use this information today!
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