Question

Rental income in India

Forum|Forum|1 year ago
July 4, 2024
2 replies
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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.

Not A Product Question

DoninGA

Employee

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.

P

pk12_2

Employee

@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 ?

P

pk12_2

Employee

@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.

Does this help ?