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Filling Tax Return

How to report Incomes from India while filing the tax return in USA?

by Holistic Leave a Comment | Filed Under: NRI investment

It is often that people take the plea that the law is not known to them and any breach of law therefore is purely due to ignorance. However, the Latin term “ignorantialegisneminemexcusat” very aptly and succinctly states the truth-“ignorance of the law excuses no one”.

Tax violations in countries like USA can be considered to be a serious breach of conduct and attract heavy penalties. Non-resident Indians (NRIs’) would do well to acquaint themselves with the US tax laws so that they can abide by the law and stay safe.

The Tax filing season in the US usually starts on the 31st of January each year and ends on 15th April. In the following sections we shall discuss how income generated in India is taxed for the NRIs’ in U.S. This rule holds for all who are foreign nationals, meaning those who are a citizen of a country other than the U.S. but relocates to U.S. and earns income from there. For those who are U.S. resident or citizen, taxes have to be paid on the global income in the U.S.

Who am I?

The most pertinent information which one, as a foreign national, must possess, is his or her residency status. This residency status has a far reaching impact on the tax liability of the person as ‘U.S. Tax residents’ are taxed on worldwide income while ‘non-residents’ are only taxed on income generated in the U.S.

Tax returns have to be filed either with the Internal Revenue Service (IRS) under the United States Department of Treasury or the state or local tax collection agency. Tax returns are generally prepared using forms prescribed by the IRS or other tax authority as applicable.

It may be relevant to note that the concept of tax residency is distinctly different from legal or immigration status. Residence status for Income Tax purpose differs from the residency status for estate tax and social security tax purpose.

There are two criteria which determines who you are- a U.S. Tax resident or not:

Lawful permanent resident criteria: When a foreign national receives an ‘alien registration card’ or a ‘green card’, it means that he or she has been accepted as a lawful permanent resident tax payer of the United States of America. Green card holders are US citizens and are considered residents irrespective of their actual place of stay.

Substantial presence criteria: Under this criteria one has to actually keep track of the number of days he or she has been residing in the U.S., for any reason, during a span of three years. In case this period of physical presence in U.S. equals or exceeds 183 days in the current year, or alternatively if this 183 days is spread over the current year and two years preceding the current year then the status of the individual is U.S. tax resident. The three year period computation is as follows :

  • Current year: all days of actual physical presence in the U.S.
  • First preceding year: one-third of the days of actual physical presence in U.S.
  • Second preceding year: one-sixth of the days physically present in U.S.

A simple example will help understand this better. Mr. Murthy went to U.S. in the year 2010 and stayed there for 15 days. He permanently migrated to the U.S. in 2011 and reached there on 1st April 2011. Mr. Murthy left the U.S. on 1st July 2012. He spent another 10 days in U.S. during the year 2012.

As per the criteria specified above, his status would be :

2011 Tax Year :
2011: 365 days = 365 days
2010: 15 x 1/3 days =5 days
2009: 0 x 1/6 days = 0 days

Total Substantial presence: 370 days

2012 Tax Year :
2012: 101 days = 101 days
2011: 365 x 1/3 days =121.6 days
2010: 15 x 1/6 days = 2.5 days

Total Substantial presence: 225 days

So for both the years Mr Murthy is a U.S. Tax resident as he qualifies for the substantial presence criteria.

Non-resident Alien

The IRS has another definition going for the ‘alien’. An alien is any individual who is not a U.S. citizen or national. A non-resident alien is one who does not qualify for the substantial presence criteria, nor is he a green card holder. As per the prevalent law,any income accruing to ‘non-resident aliens’ in U.S., for which tax has not been withheld at source, return has to be filed mandatorily.

Indira lived in the U.S. for a substantial period of time during the last five years but in 2013 she moves back to India and works on a contractual basis with a U.S. based company. Her payment is wired to her in India. As per the law, Indira has to file her tax return as she qualifies as a non-resident alien and has income from U.S. sources.

Sandra stays in the U.S. and writes for a technology magazine in India. Her payment is wired to her from India to U.S. Since she stays in the U.S., she has to file her tax returns in the U.S.

It is important to note that as per the law, both of the above women have to pay taxes in both the countries, India and U.S. However, the concept of ‘Double Taxation Avoidance Agreement’ comes into play in such cases.

What am I taxed for?

The following is a brief list of the nature of incomes, originating from India, for which compliance has to be done under U.S. Tax returns.

1.Salary- Salary income from India is to be filed in the tax return Form 1040. If claiming tax credit, Form 1116 to be filled.
2.Any income received in India for freelance or consulting work
3.Interest on bank deposits and other securities held in India
4.Dividends from shares and mutual funds
5.Capital gains from sale of assets
6.Rent from property
7.Agricultural income

As is evident form the above, knowing the finer elements of tax returns in the U.S. as per the IRS, is extremely important for people in order to avoid default and be unnecessarily penalized for the same.

If you have any comments or questions, write them in the comment box below.

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Jey S
Jey S
24. September, 2021.
I have been using Holistic Investment Planners for the last three years. Mr. Srinivasavaradhan answered all my questions and doubts very patiently during the first free consultation. I was able to clearly define my short-, medium- and long-term goals once I signed up for the comprehensive plan and got their investment plan suggestion to achieve my goals. They are very polite and highly professional whenever I contact them for any queries or make investments. They never pressurize you to invest on their recommended financial products. I would have been lost money by investing directly without their help since I do not have time and knowledge about different financial products. Risk planning is also done as part of financial planning. Truly, they are holistic planners when it comes to your financial planning. They help you to define your life goals, understand your financial resources and establish a plan to invest towards reaching those goals. They do review your plan as you progress to make sure that you are on correct path to achieve those goals. Kudos to the team and keep up the good work!!! I am happy that I found holistic investment planners for my financial planning and management.
aksaswadkar
aksaswadkar
24. September, 2021.
I was about to retire and really not understanding how to invest money to have financial freedom and fulfilling my goals. Was desperately searching on internet way out and fortunately came across Holistic Investment Planners. I read number of articles on their website and realized that this is the agency which I want and engaged their services for my retirement planning. It is an excellent experience to be associated with Holistic. Right from day one our interaction was fantastic and they gave me such a wonderful plan that I had never imagined. I am fortunate enough to be in the client list of Holistic. I have recommended Holistic to my friends as well.
Lionel Faber
Lionel Faber
16. September, 2021.
I've been availing their services for the past year. They are highly knowledgeable in the field and are very patient with all doubts and queries. Personalized financial planning is provided keeping your short term, medium term and long term goals in mind. They do not pressurize you to purchase schemes of their choice. They provide their input and suggestions and leave the decision up to you which shows their honesty and high principle.
Sridhar
Sridhar
8. September, 2021.
Financial planning brings peace in life. Holistic Investment have supported in arriving financial plan based on future goals. My investments are regular since then. They are professionals in their business, will recommend others.
Nitesh Agrawal
Nitesh Agrawal
6. September, 2021.
I have been using Holistic Investment Planners from last one year. The journey has been fantastic. Being a finance person myself I always thought we can look after and plan own finances also. However, due to lack of time and deciplain the things are not always as desired. After joining with Holistic Investment for the first time Icame to know the Financial goals and quantified them. Some dreams were unrealistic based on the earnings and savings so had a reality check. Also got the information and deciplain of investing on regular and more rewarding securities. I definetly suggest to use Holistic Investment Planners. They are professionals, available and hear youor full story before presenting plans. They are flexile in the sense if there are some urgent deviations required, they help to plan the same. For all professionals/individuals I would suggest using professional help of Holistic Investment Planners for best results in long term investment and financial goals achivements. Last advise will be to start early in your life. It really pays well to start in the beginning itself else the dreams needs to adjust :)
Swetha Vasanth
Swetha Vasanth
6. September, 2021.
This is my first year service with the Holistic Team and I would say that they are very much helpful in creating a financial plan and follow ups during the year. I would definitely suggest them if anyone who is willing to proceed with their savings professionally.
Joseph Mathias
Joseph Mathias
6. September, 2021.
I came to know about Holistic Investment Planners online while searching for different investment ideas. Once I contacted them the journey was very smooth. Mr. Ramalingam explained all the aspects of Financial planning in detail and it opened my mind. I realized how important it is to have a Financial planning. Mr. Rajan suggested all the requirements as per my goals and made a Investment plan keeping in mind of my goals. I started my Investment journey with them. I wish I had done it some years back then it would have been in a different level. Review meetings were held every six month to check the implementation of the plan and check the results as per the requirements and to check if any changes required. Overall it was a good experience with Holistic Investment team and would like to continue in the years to come.
Srinvas Kannan
Srinvas Kannan
30. July, 2021.
I came across Holistic investment planners almost 5-6 years back, but I did not have the trust since I had met a few of them who did not sound promising. Then I started investing through a financial advisor of my friend. After 4 years of investing the returns were very low. I was disappointed and started looking for financial advisors when I came across Holistic investment. I had a detailed discussion about my goals and the way they would approach achieving my goal before deciding to switch my investments to them. After a thorough analysis of my then existing portfolios, they suggested new ones and we zeroed-in on 6 schemes/funds where our investment would be split. I am glad I made the decision of switching over and taking Holistic planner's advise, my returns are handsome and I only wish I could have taken their help/advise 5 years back itself. Neverthless, I would like to recommend their services for investment and financial advise if someone is serious about their investments.
Shivaram Andiappan Selvaraj
Shivaram Andiappan Selvaraj
3. July, 2021.
I got a free first time consultation. I got my doubts resolved. They also gave additional advises for investment planning which was also useful.
Nellai B
Nellai B
26. June, 2021.
I have been associated with them for the past three years. They are very professional and polite in answering all our questions. I have complete trust in their suggestions. I strongly recommend for anyone. I am looking forward to have strong and successful association with them.
Google rating score: 4.4 of 5,
based on 61 reviews

Google Reviews

Jey S
Jey S
24. September, 2021.
I have been using Holistic Investment Planners for the last three years. Mr. Srinivasavaradhan answered all my questions and doubts very patiently during the first free consultation. I was able to clearly define my short-, medium- and long-term goals once I signed up for the comprehensive plan and got their investment plan suggestion to achieve my goals. They are very polite and highly professional whenever I contact them for any queries or make investments. They never pressurize you to invest on their recommended financial products. I would have been lost money by investing directly without their help since I do not have time and knowledge about different financial products. Risk planning is also done as part of financial planning. Truly, they are holistic planners when it comes to your financial planning. They help you to define your life goals, understand your financial resources and establish a plan to invest towards reaching those goals. They do review your plan as you progress to make sure that you are on correct path to achieve those goals. Kudos to the team and keep up the good work!!! I am happy that I found holistic investment planners for my financial planning and management.
aksaswadkar
aksaswadkar
24. September, 2021.
I was about to retire and really not understanding how to invest money to have financial freedom and fulfilling my goals. Was desperately searching on internet way out and fortunately came across Holistic Investment Planners. I read number of articles on their website and realized that this is the agency which I want and engaged their services for my retirement planning. It is an excellent experience to be associated with Holistic. Right from day one our interaction was fantastic and they gave me such a wonderful plan that I had never imagined. I am fortunate enough to be in the client list of Holistic. I have recommended Holistic to my friends as well.
Lionel Faber
Lionel Faber
16. September, 2021.
I've been availing their services for the past year. They are highly knowledgeable in the field and are very patient with all doubts and queries. Personalized financial planning is provided keeping your short term, medium term and long term goals in mind. They do not pressurize you to purchase schemes of their choice. They provide their input and suggestions and leave the decision up to you which shows their honesty and high principle.
Sridhar
Sridhar
8. September, 2021.
Financial planning brings peace in life. Holistic Investment have supported in arriving financial plan based on future goals. My investments are regular since then. They are professionals in their business, will recommend others.
Nitesh Agrawal
Nitesh Agrawal
6. September, 2021.
I have been using Holistic Investment Planners from last one year. The journey has been fantastic. Being a finance person myself I always thought we can look after and plan own finances also. However, due to lack of time and deciplain the things are not always as desired. After joining with Holistic Investment for the first time Icame to know the Financial goals and quantified them. Some dreams were unrealistic based on the earnings and savings so had a reality check. Also got the information and deciplain of investing on regular and more rewarding securities. I definetly suggest to use Holistic Investment Planners. They are professionals, available and hear youor full story before presenting plans. They are flexile in the sense if there are some urgent deviations required, they help to plan the same. For all professionals/individuals I would suggest using professional help of Holistic Investment Planners for best results in long term investment and financial goals achivements. Last advise will be to start early in your life. It really pays well to start in the beginning itself else the dreams needs to adjust :)
Swetha Vasanth
Swetha Vasanth
6. September, 2021.
This is my first year service with the Holistic Team and I would say that they are very much helpful in creating a financial plan and follow ups during the year. I would definitely suggest them if anyone who is willing to proceed with their savings professionally.
Joseph Mathias
Joseph Mathias
6. September, 2021.
I came to know about Holistic Investment Planners online while searching for different investment ideas. Once I contacted them the journey was very smooth. Mr. Ramalingam explained all the aspects of Financial planning in detail and it opened my mind. I realized how important it is to have a Financial planning. Mr. Rajan suggested all the requirements as per my goals and made a Investment plan keeping in mind of my goals. I started my Investment journey with them. I wish I had done it some years back then it would have been in a different level. Review meetings were held every six month to check the implementation of the plan and check the results as per the requirements and to check if any changes required. Overall it was a good experience with Holistic Investment team and would like to continue in the years to come.
Srinvas Kannan
Srinvas Kannan
30. July, 2021.
I came across Holistic investment planners almost 5-6 years back, but I did not have the trust since I had met a few of them who did not sound promising. Then I started investing through a financial advisor of my friend. After 4 years of investing the returns were very low. I was disappointed and started looking for financial advisors when I came across Holistic investment. I had a detailed discussion about my goals and the way they would approach achieving my goal before deciding to switch my investments to them. After a thorough analysis of my then existing portfolios, they suggested new ones and we zeroed-in on 6 schemes/funds where our investment would be split. I am glad I made the decision of switching over and taking Holistic planner's advise, my returns are handsome and I only wish I could have taken their help/advise 5 years back itself. Neverthless, I would like to recommend their services for investment and financial advise if someone is serious about their investments.
Shivaram Andiappan Selvaraj
Shivaram Andiappan Selvaraj
3. July, 2021.
I got a free first time consultation. I got my doubts resolved. They also gave additional advises for investment planning which was also useful.
Nellai B
Nellai B
26. June, 2021.
I have been associated with them for the past three years. They are very professional and polite in answering all our questions. I have complete trust in their suggestions. I strongly recommend for anyone. I am looking forward to have strong and successful association with them.
Google rating score: 4.4 of 5,
based on 61 reviews

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