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abhihet
New Member

I have bond interest income coming from India, which I plan to move it USA. Tax is paid on the interest income. Do I need to show income when filing US return?

I am Green Card Holder. Tax on interest income is paid in India. Do I still need to pay double tax?
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5 Replies

I have bond interest income coming from India, which I plan to move it USA. Tax is paid on the interest income. Do I need to show income when filing US return?

@pk (again)?

I have bond interest income coming from India, which I plan to move it USA. Tax is paid on the interest income. Do I need to show income when filing US return?

As a US taxpayer (citizen, green card holder, or resident alien) you are required to file a US tax return and report ALL your world-wide income and pay tax on it.  If you also paid tax on the same income in another country, you can claim either a deduction or credit for that foreign tax, which usually reduces or eliminates double-taxation.  Turbotax includes this in the program.

abhihet
New Member

I have bond interest income coming from India, which I plan to move it USA. Tax is paid on the interest income. Do I need to show income when filing US return?

1)in respect of taxation of life insurance policy whether California State tax rules are different from federal tax rules?
 
2)What is the tax rate for insurance policy taxation on maturity proceeds in California State tax &/or federal tax?
 
3)Any benefit of tax rate mentioned in India -USA DTAA agreement?

I have bond interest income coming from India, which I plan to move it USA. Tax is paid on the interest income. Do I need to show income when filing US return?


@abhihet wrote:
1)in respect of taxation of life insurance policy whether California State tax rules are different from federal tax rules?
 
2)What is the tax rate for insurance policy taxation on maturity proceeds in California State tax &/or federal tax?
 
3)Any benefit of tax rate mentioned in India -USA DTAA agreement?

In general, CA is a "conforming state" and will follow the federal definition of what constitutes taxable income.

 

A life insurance death benefit is not taxable to the beneficiary.  If you have a "whole life" policy or something else that acts as an investment vehicle, your taxable income is the difference between the cash value at maturity and your premiums.  For example, if you paid $100 per month for 20 years ($24,000) and the policy is now worth $100,000, your taxable income would be $76,000.  The policy company should provide this information to you.  The proceeds will likely be some combination of interest, dividends and capital gains, which will be taxable as ordinary income or as capital gains, depending on how it is reported.  You should ask the company.

 

@pk will have to answer about rates.  If you are a US taxpayer, you should expect to pay the US rate on all your US income.

pk
Level 15
Level 15

I have bond interest income coming from India, which I plan to move it USA. Tax is paid on the interest income. Do I need to show income when filing US return?

@abhihet , having gone through your posts  and the responses  from  and generally agreeing with the points being made by @Opus 17  and @Anonymous_ , I get the situation as following:

(a) you a US person ( GreenCard ) have investments in India --- Bonds ( RBI, private , funds, Munis  or what ?).  Since these interest ( no dividend etc.? ) earnings have already been taxed at source , question is what and how do you recognize here in the USA.   

          1. Generally , and because you are taxed on your world income no matter where and how earned,  you will definitely need to recognize these  for the amounts earned in the US tax year  ( note that you may need to allocate  the amounts  to 2021 Calendar  since India's business etc. all operate 1 st. April  to the 31st. March of the following Calendar ).

           2. US-India Tax treaty  article  11, covers the interest income taxation and there are obviously carve out for exim bank transactions, business which operate in the "other contracting state" etc. etc. . The only thing that you can hang your hat on is the when both states tax the same interest income, the  "other state" may not charge more than 15%. ( i.e. you as a resident of the USA and beneficial owner of interest earnings cannot be charged more than 15% by India ). Thus it does not do anything for the US tax laws -- some other countries indeed do ask US to limit taxes on resident of US whom earns in the other contracting.

         3. Therefore , I think the easiest was to tackle this is recognize the gross interest income ( at the then prevailing  exchange rate ), allow US to tax this( without asserting any treaty conditions ) , then if the total amount foreign tax  ( allocated amount and allocated Indian tax on that income ) is US$ 600 or less , just tell TurboTax that you want the credit  and you want the simple method -- ( it US$300 per filer on the form 1040 ).  BY doing form 1116, US will recognize the whole amount of foreign tax paid $ for $ but only a percentage would be allowed for the current year ( based on a ratio of foreign income to world income.  So there you have it 

 

(b) the question about foreign life insurance proceeds as described  by @Opus 17   is and is not applicable . This is because foreign  insurance  companies are not regulated per US laws and as such are Foreign Passive Investment Company (PFIC).  This is the worst type of investment for US persons.  You have to recognize Mark- to-market regime  on this  every Tax/Calendar year as part of your filing. Thus every year on paper you sell and then buy back -- both at market-- these gains and losses have to be recognized.   So not know how long you have been a resident and how that affects  your earlier filings w.r.t. PFIC reporting.

 

(c) If you recognize the PFIC, then CA will also treat is as such  i.e. ordinary income -- like stocks/ bonds  etc.

 

Is there more I can do for you ?

 

Namaste ji

 

pk

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