[dyalbaldev]

A house was purchased by my mother in 1964 as family house in India. Later in 1990, an oral family partition was effected in the family and ½ of the house came into my possession. In 1995, a decree was passed by the court vide which I was declared owner in possession of ½ of the said house.
In Nov.2007, I came to USA as permanent immigrant and is living in USA since then. I have to sell my house in India. Firstly, am I to pay any tax in India as any capital gains. How can I calculate capital gain on my house.
Secondly, how can I transfer the sale money to USA, and thirdly have I to declare this sale of my house and the transfer of money to USA, to IRS and fourthly have I to pay any capital gains tax in USA or have I got any exemption for tax under sale of my primary house.
Please advise.

[AtlantaTaxExpert]

I cannot comment on how much (if any) capotal gains is owed to India.

You WILL have to declare the sale of the home on your US tax return, and pay capital gains taxes (probably at 5%) on the profit from the sale.

The basis (what is the "purchase" price of the house) for the first half of the house is the Fair Market Valueof the house in 1990. The basis for the second half would be the Fair Market Value of that half in 1995.

If you have to pay capital gains taxes to India, you can claim a credit for those taxes using Form 1116 (Foreign Tax Credit).

Once the sale is made, you can wire transfer the money from the Indian bank to your U.S. bank.

The complexity of this return dictates that you get professional help in preparing and filing your U.S. return.

[wnhough]

QUOTE," how can I transfer the sale money to USA, and thirdly have I to declare this sale of my house and the transfer of money to USA, . . ."---If the amount of money coming into the US from abroad via wire transfer( into your bank account) exceeds $10,000 , then your bank will report the amount to the IRS( US Treaury Dpt).That doesn't mean to pay any form of taxes on the money transferred into the US from overseas.Federal law requires that all banks report any cash deposits made in excess of $10,000 in the hopes of discouraging money laundering, rather than tax evasion. "wires" from abroad require the same information.