Navigating US tax laws as an NRI (Non-Resident Indian) can be challenging due to the unique rules surrounding residency, worldwide income, and the need to report foreign assets. If you have income in the US or hold US citizenship or a Green Card, understanding your tax obligations is essential for compliance and avoiding double taxation. This comprehensive guide provides insights into the filing process, critical forms, and strategies to maximize tax relief.
NRIs must stay informed about their US tax responsibilities to ensure compliance and optimize their tax situation. Whether your income includes rental earnings, capital gains, or dividends, the correct reporting and adherence to deadlines are paramount to avoiding penalties and interest charges.
For expert assistance in filing your US tax return as an NRI, reach out to Dinesh Aarjav & Associates. We simplify cross-border tax compliance and ensure that your filings are accurate and timely.
Hold US citizenship or a Green Card
Earn income from US sources such as rental properties, dividends, or capital gains
Have worldwide income that surpasses filing thresholds
Standard deadline: April 15th for the previous calendar year.
Extension deadline: October 15th (with Form 4868 submission).
Timely filing is crucial to avoid penalties and interest charges.
Form 1040: Main individual income tax return
Schedule E: For reporting rental income
Form 8938 (FATCA): Reporting foreign assets
Form 5471: Reporting foreign corporations
Form 3520: Reporting certain foreign trusts or large gifts
FBAR (FinCEN Form 114): Reporting foreign bank accounts
You must report all foreign income on Form 1040 and attach Schedule B for interest/dividend income. Additional disclosures may include:
Schedule E for rental income
Form 8938 for financial assets
If you own 10% or more of a CFC, you may be subject to GILTI (Global Intangible Low-Taxed Income) tax, reported on Form 8992.
Late filing penalty: 5% of unpaid tax per month, up to 25%
Failure to report foreign assets (Form 8938): Up to $10,000 per violation
FBAR penalties: Civil penalties of up to $10,000 per non-willful violation
The IRS allows taxpayers to claim a Foreign Tax Credit to offset taxes paid in another country. This helps prevent double taxation on the same income.
If you’re an NRI with income sourced from the US, such as salary, dividends, rental income, or capital gains, you are required to file a US tax return. Additionally, even if your income is entirely foreign, you must file if your global income exceeds the filing thresholds set by the IRS. These thresholds depend on your filing status (Single, Married Filing Jointly, etc.) and age.
The standard deadline for filing US tax returns is April 15th each year. If April 15th falls on a weekend or holiday, the deadline extends to the next business day. For those unable to meet the deadline, a six-month extension is available, pushing the due date to October 15th. However, the extension applies only to filing, not payment. Interest and penalties may apply if taxes owed are not paid by April 15th.
Missing the deadline can result in penalties: Late Filing Penalty: 5% of unpaid taxes for each month the return is late, up to 25%. Late Payment Penalty: 0.5% of the unpaid taxes for each month the taxes remain unpaid. Additionally, interest accrues daily on unpaid taxes and penalties. Filing as soon as possible minimizes these charges.
Yes, NRIs can claim relief for foreign taxes paid under the Foreign Tax Credit (FTC). The FTC allows you to offset US tax liability by the amount of taxes paid to another country, provided the income is subject to taxation in both countries. To claim this credit, you must file Form 1116 with your US tax return.
The IRS requires NRIs to report worldwide income on Form 1040, regardless of where the income is earned. This includes income from employment, investments, rental properties, and business activities abroad. Specific reporting rules may apply depending on the type of foreign income and whether it qualifies for exclusions or credits under US tax laws.
The Global Intangible Low-Taxed Income (GILTI) tax applies to income earned through Controlled Foreign Corporations (CFCs). If you hold significant ownership in a foreign corporation, you may be required to report GILTI using Form 8992. This tax aims to reduce tax deferral on foreign earnings.
Payments can be made online through the IRS website or by international wire transfer.
To file accurately, gather the following documents: W-2 Forms: For income from US employers. 1099 Forms: For income from interest, dividends, freelance work, or capital gains. Foreign Income Records: Bank statements or pay stubs for income earned abroad. Form 8938 (FATCA) or FBAR: For foreign financial accounts exceeding reporting thresholds. Proof of Deductions/Credits: Receipts for deductible expenses like mortgage interest or education.
Yes, you can amend your return using Form 1040-X within three years of the original filing date or two years from the date the tax was paid, whichever is later. Amending is useful for correcting errors, claiming missed deductions, or adjusting income.