NRI relative Taxation

For my son, naturalized American citizen NRI:
Can he take losses in sale of property in India and offset it against capital gains in USA in US tax return? If he can, then,can this loss be offset against the NRE bank interest that he reports as income, in US tax return?
Thanks.
Replies (1)

Hi Ashok,

Great question! Here's a breakdown considering your son's NRI status and US tax implications:

1. Capital Loss on Sale of Property in India:

  • Your son, as an NRI, can report the capital loss from the sale of Indian property in his US tax return, provided he files the return including worldwide income and gains.

  • The loss is computed as per Indian tax laws (cost of acquisition, holding period, etc.) and then converted into USD for US tax reporting.

  • The US follows its own rules on capital gains and losses, but generally allows foreign capital losses to offset capital gains on US returns.

2. Offsetting Capital Loss Against Capital Gains in the US:

  • The capital loss from India can be used to offset capital gains in the US, including gains from any sources worldwide.

  • So, if he has capital gains in the US (stocks, other property, etc.), the Indian capital loss can reduce his US taxable capital gains.

3. Offsetting Capital Loss Against NRE Bank Interest Income:

  • No, capital losses cannot be offset against ordinary income like interest.

  • NRE bank interest (tax-free in India) is taxable income in the US as ordinary income.

  • Capital losses can only offset capital gains or up to $3,000 of ordinary income per year; beyond that, they carry forward.

Additional Notes:

  • He should claim Foreign Tax Credit (FTC) on US returns for any Indian capital gains tax paid, to avoid double taxation.

  • Proper documentation (purchase/sale deeds, exchange rates, tax paid certificates) will be needed.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
08 October 2026
SALES TELECALLER

HIRE NOVA

Lucknow

Graduate (Any)

View Details
Company
12 October 2026
Finance

I-Genext Consulting Private Limited

New Delhi

CA

View Details
Company
23 October 2026
Sr. Accountant

SANKARAN & KRISHNAN

New Delhi

B.Com

View Details
Company
21 October 2026
CA INTER/ BCOM WITH EXPERIENCE

CA S KUMAR GUPTA & CO

Amritsar

CA Inter

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details