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January 21, 2024
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Foreign Tax Credit on sale of home in India

  • January 21, 2024
  • 1 reply
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I sold my apartment in India in 2023. I have paid 24% tax on the sale price of the apartment at the time of sale. In the US I have to pay 15-20% tax. How do I claim foreign tax credit using Turbo Tax Software 2023.

 

Further, is capital gain tax calculated after deducting $89,250 Married filing jointly (since $0 - $89,250 is at 0%)

 

Thanks

 

 

 

    Best answer by AmyC

    A.  Sale of second home, see Where do I enter the sale of a second home, an inherited home, or land on my 2023 taxes?  Here are my steps:

    1.Personal income to investment income to stock, bonds, other

     

    2. Select Other, continue

     

    3. Name the sale: Second home, continue

    4. Select the drop down boxes and enter your answers.

    5. Enter the foreign country or more of the address

    6. Enter purchase and sales dates

    7. Enter sales price

    8. Enter basis - what you paid plus improvements

    9. continue

     

    10. Enter sales expenses or select none

    11. Continiue

     

    B. Foreign tax credit is form 1116 and most people choose a credit over a deduction but you can try both ways. See Where do I enter the foreign tax credit (Form 1116) or deduction? 

     

    To begin, go to deductions, Estimates and Other Taxes and select Foreign Tax

     

     

    Follow these steps:

    1. Return to the Foreign Tax Credit and select
    2. Yes to foreign income
    3. Before We Begin, Yes
    4. Foreign taxes, Continue
    5. Select none of these apply, continue
    6. continue
    7. Take a credit, continue
    8. reporting foreign tax, continue
    9. No other income or expenses? Select No
    10. Complete form 1116, continue
    11. Worksheet, continue
    12. Select Passive income for a rental or second home
    13. continue
    14. Select blue Add a country
    15. Select India
    16. continue
    17. enter the description
    18. enter the USD for the India income
    19. continue
    20. enter any related expenses
    21. continue
    22. enter explanation of how you calculated expenses
    23. continue
    24. enter foreign losses related to India as a positive amount
    25. continue
    26. Foreign Taxes Paid, select No -
    27. enter foreign taxes
    28. enter date paid
    29. continue
    30. done

     

    C. All income is reported and calculated based on US tax law with a credit given against your tax liability for the taxes paid to India. The amount you paid India may not match up with the US tax system for the credit.

     

    You have got this and we are here to help!

    1 reply

    AmyC
    Employee
    January 22, 2024

    1. Form 1116 needs to be filled out to receive credit for taxes paid to qualified foreign countries, such as India. For the steps, here is a post with two of my answers with pictures to get your to the forms and through the process.  See also, Where do I enter the foreign tax credit (Form 1116) or deduction?

     

    2. Yes, The program will calculate the gains after the exclusion you mentioned. The program has many worksheets in the background doing all the work for you. In your forms, it will show the tax is from the worksheet  "Qual Div/ Cap Gn" which is used to calculate the tax.  

    If the apartment you sold was a second home, it will appear on sch D and form 8949.

     

     

    Here is a copy of the tax calculation from one of my fake returns for a single that sold a second home with a $40,000 gain:   

    **Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"
    anup1993Author
    January 22, 2024

    Thanks for the trouble, Amy. I appreciate it.

     

    Can you advise how to complete Sch D, Form 8489 and Form 1116 (FTC) in the Turbo Tax Software 2023 for sale of 2nd home in India. Appreciate screen shots, if possible.

    Just as an example for a Long Term  Capital Gain:

    Basis Price of Home: $100,000

    Sale Price:     $200,000

    Tax Paid in India: $48,000 (24% of Sale price). In India tax is paid on the sale price and not on Capital Gain.

    Since Capital Gain is taxed at a maximum 20% in the USA, am I right in assuming that I do not have to pay any tax on the capital gain for the sale of home, since I have already paid 24% in India. Off course,  assuming there are no other incomes.

     

    Thanks in advance

     

    AmyC
    AmyCAnswer
    Employee
    January 23, 2024

    A.  Sale of second home, see Where do I enter the sale of a second home, an inherited home, or land on my 2023 taxes?  Here are my steps:

    1.Personal income to investment income to stock, bonds, other

     

    2. Select Other, continue

     

    3. Name the sale: Second home, continue

    4. Select the drop down boxes and enter your answers.

    5. Enter the foreign country or more of the address

    6. Enter purchase and sales dates

    7. Enter sales price

    8. Enter basis - what you paid plus improvements

    9. continue

     

    10. Enter sales expenses or select none

    11. Continiue

     

    B. Foreign tax credit is form 1116 and most people choose a credit over a deduction but you can try both ways. See Where do I enter the foreign tax credit (Form 1116) or deduction? 

     

    To begin, go to deductions, Estimates and Other Taxes and select Foreign Tax

     

     

    Follow these steps:

    1. Return to the Foreign Tax Credit and select
    2. Yes to foreign income
    3. Before We Begin, Yes
    4. Foreign taxes, Continue
    5. Select none of these apply, continue
    6. continue
    7. Take a credit, continue
    8. reporting foreign tax, continue
    9. No other income or expenses? Select No
    10. Complete form 1116, continue
    11. Worksheet, continue
    12. Select Passive income for a rental or second home
    13. continue
    14. Select blue Add a country
    15. Select India
    16. continue
    17. enter the description
    18. enter the USD for the India income
    19. continue
    20. enter any related expenses
    21. continue
    22. enter explanation of how you calculated expenses
    23. continue
    24. enter foreign losses related to India as a positive amount
    25. continue
    26. Foreign Taxes Paid, select No -
    27. enter foreign taxes
    28. enter date paid
    29. continue
    30. done

     

    C. All income is reported and calculated based on US tax law with a credit given against your tax liability for the taxes paid to India. The amount you paid India may not match up with the US tax system for the credit.

     

    You have got this and we are here to help!

    **Say "Thanks" by clicking the thumb icon in a post**Mark the post that answers your question by clicking on "Mark as Best Answer"