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-   -   Tax clarification (https://www.askmehelpdesk.com/showthread.php?t=121307)

  • Aug 20, 2007, 02:26 PM
    hariman1
    Tax clarification
    Hi.
    I am a green card holder with us income as only gift of shares from my son.I have foreign country income from India as dividends,interest and small business income.All this I am getting in india for several years before I became a residenrt and my foreign income has no connection with any transactions from USA.Since I am in India for over 182 days,I am considered resident in India for tax purpose and accordingly,I have filed returns and paid tax.
    Please advise whether same Indian income has to be included as foreign income in USA and tax credit is to be made use of while filing US return taxes
    2.What is the tax rate for the foreign gross income?Can foreign income added to US income (after converting to dollars) and after exemptions and deductions,tax calculated and after deducting tax credits,will balance be tax payable in USA.
    3.Publication 54 specify that foreign income up to $84500 is exempted from tax.Can this be applied as my foreign income is only around $30000
    Please advise on the above points.
    Thanks.
    Cuddalore harinarayanan
    [email protected]
  • Aug 21, 2007, 01:02 PM
    AtlantaTaxExpert
    1) If you are a green card holder, all world-wide income is subject to U.S. tax law, regardless of your physical location. You can apply for a foreign tax credit using Form 1116, but you MUST report the income earned in India. BTW, the money from your son is NOT taxable under U.S. tax law.

    2) For $30,000, you are in the 15% income tax bracket.

    3) The Foreign Income Exemption (Form 2555) applies only if you spent at least 330 days in India or other countries. I got the impression that you have been in the U.S. for more than 35 days in 2006, so this would not apply to you.

    If you need professional tax help, contact me at the email address below.

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