364. Must US Citizen notify IRS of income when Indian taxes have been paid
Q: I am a US citizen with an OCI card. If I make long-term capital gains from the sale of an immovable property in India, the capital gain amount
being non-repatriable from India, and if I pay 20%+ tax on that gain in India, am I liable for any taxation in the US (The Indian capital gains tax in India
is higher than the 15% long-term capital gain tax in the US)?
Should this gain need to be reported to the Treasury or IRS though the gain is non-repatriable and taxes already paid in India.
Thanks in advance for your response.
Raghupathi
A. As a US Citizen, you are required to declare ALL worldwide income to the IRS. Even if the taxes on such income, has already been
paid in India. Whether the income earned abroad is repatriated or not, does not matter.
New regulations have already been announced for US citizens regarding foreign income and bank accounts. These are discussed in
my book THE NRI GUIDE 2012/2013.
Disclaimer: Information provided is for general knowledge only and should not be deemed to be professional advice. For professional advice kindly consult a professional
accountant, immigration advisor or the Indian consulate. Rules and regulations do change from time to time. Please note that in case of any variation between what has been
stated on this website and the relevant Act, Rules, Regulations, Policy Statements etc. the latter shall prevail.
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