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RACI625
New Member

Foreign Land sold with capital gains

I am a US resident in the state of IL. In 2024 I sold land inherited in India many years ago. The transaction was complete in September and T.D.S / T.C.S taxes (24%) were deducted from payments, net proceeds were deposited in India's Bank account owned by me then transferred to my US account. Since this land is inherited, the US calculates capital gains on FMV when previous owner died, however India Capital gains were on the entire purchase price. Not sure how to calculate FMV as it was years ago. Since India and US has DTAA,  how do I file my Tax Return showing sale of land with capital gains and taxes paid in India?

 

What I've so far:
Include sale of land - wages and Income - Investment income - form 1099-s

Deduction & credits - estimated taxes paid - foreign taxes. complete form 1116. took credit. selected passive income as type, add country and include foreign taxes on other income.

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1 Reply
DavidD66
Employee Tax Expert

Foreign Land sold with capital gains

You will report the sale of the land in India as the sale of a Capital Asset, which is reported on Form 8949.  You will have to report the following:

 

  • Description of Property (Something like "25 acres in XYZ India"
  • Date Acquired  - this is the date you inherited the property
  • Date Sold - Self explanatory
  • Proceeds - This is your sales price, less any selling costs (e.g. sales commission)  You do not reduce the proceeds by the amount of foreign tax paid
  • Cost or other basis - This is the value of the property at the time you inherited it.  If there were any improvements to the property they would be included.  

The tax you paid to India should not be reflected in the calculation of your gain.  You will be able to take a credit for the foreign tax paid on your US Tax Return.  You will have to come up with a reasonable method to determine the fair market value of the property at the time you inherited it, or use a cost basis of zero - $0.00 .   Be sure to document and keep your method of determining the fair market value when you inherited the property. 

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