Trader
2253 Points
Posted on 05 November 2009
First you examine the DTAA w.r.t. Capital Gains:-
USA
Article 13 - Gains - Except as provided in Article 8 (Shipping and Air Transport) of this Convention, each Contracting State may tax capital gains in accordance with the provisions of its domestic law.
UK
ARTICLE 14 - Capital Gains - 1. Except as provided in Article 8 (Air Transport) and 9 (Shipping) of this Convention, each Contracting State may tax capital gains in accordance with the provisions of its domestic law.
Most of the contracting states including India tax the capital gains arising on transfer of the properties in their jurisdiction. You will have to check the USA laws from IRS website or UK Laws from their tax website and see the situation of taxing resident's / non-resident's capital gains there. You have to pay the tax there if you have to.
As India taxes its Residents on Worldwide income, the Capital gains will be taxed here and you will be given the relief of the tax paid in the foreign country to the extent of Indian Tax on the same income that suffered tax.