Need advice on taxation for stocks held in USA

Tax queries 85 views 1 replies
User Avatar

salaried
39 Points Joined October 2008

I need some advice on taxation for stocks held in USA.

I have few stocks held in US brokerage account. These were acquired as ESPP (Employee stock purchase plan). Wanted to understand - 

  1. Tax treatment if I sell these and transfer funds to India.
  2. Will I need to pay tax both in US and India ? 
  3. How to file ITR for this in case I sell the stocks and transfer funds to India ?

Appreciate all the help from the members.

Thanks,

Mudit

0 Reply Share Follow
5 months ago Report
Replies (1)
User Avatar

Master in Accounts & high court Advocate
8883 Points Joined December 2011

Hey Mudit, I'd be happy to help you understand the tax implications of selling your US stocks and transferring funds to India. Tax Treatment in the US As an Indian resident, you won't be taxed in the US on capital gains from selling US stocks, thanks to the India-US Double Taxation Avoidance Agreement (DTAA).¹ ² However, dividends earned on these stocks will be subject to a 25% withholding tax in the US³[5). Tax Treatment in India In India, you'll be taxed on the capital gains from selling your US stocks. The tax rate depends on the holding period: - *Short-term capital gains (STCG)*: If you sell your stocks within 24 months, the gains will be taxed according to your income tax slab rate. - *Long-term capital gains (LTCG)*: If you sell your stocks after 24 months, the gains will be taxed at 12.5% (plus applicable surcharge and cess). Filing ITR in India To report your US stock sales and claim foreign tax credits, follow these steps: 1. *Choose the correct ITR form*: File ITR-2 or ITR-3, depending on your income sources. 2. *Report dividend income*: Declare dividend income under 'Income from Other Sources' (Schedule OS). 3. *Report capital gains*: Declare capital gains from US stock sales under 'Foreign Source Income' (Schedule FSI). 4. *Claim foreign tax credits*: Fill Form 67 to claim credits for taxes paid in the US. 5. *Declare foreign assets*: Report your US stocks under 'Foreign Assets' (Schedule FA). Consult a tax professional or chartered accountant to ensure you comply with Indian tax regulations and take advantage of the foreign tax credits available to you.

Reply
5 months ago


CCI Pro

Leave a Reply

Post Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Recent Threads

More recent discussions | Post

Related Threads