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vaditya
New Member

Rental income in India

Hi there - I have reported my rental income in India while filing my taxes in the US. Do I need to still file a tax return in India? Need confirmation please. TIA.

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3 Replies

Rental income in India

This is a TurboTax community forum which provides advice and answers concerning US and State tax returns.

You would be hard pressed to find a user on this forum who is familiar with the requirements for filing a tax return for India.

pk
Level 15
Level 15

Rental income in India

@vaditya , agreeing with my colleague @DoninGA ,  depending on your immigration/ visa status  the tax treaty between US & India may be applicable.  India like most countries is generally residency based  -- therefore we need  this info.   Are you US citizen/ GreenCarxd ?     Also note that most treaties  for  taxing   disposition of capital assets  and/or earnings from sources within a contracting state borders   irrespective of residency status.  

 

I will await your response   -- yes ?

pk
Level 15
Level 15

Rental income in India

@vaditya  while I am waiting for your response , I refreshed my memory on  US-India Tax Treaty.  Article  6 of the treaty  clearly  allows for  the  "immovable " property resident  country to tax  any income  from that property-- it uses "may" rather than "allowed to" or "will" .   Therefore you will have to file a return in India recognizing the income ( under its tax laws ), pay any taxes   which would be eligible for tax credit under US federal laws.   Note that while states generally recognize the income, they generally do  not recognize  tax Treaty between  US and the other country -- so no double taxation relief.

 

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