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Q: Exemption on overseas real estate transactions??? ( No Answer,   1 Comment )
Question  
Subject: Exemption on overseas real estate transactions???
Category: Business and Money > Finance
Asked by: henryt2-ga
List Price: $20.00
Posted: 22 Aug 2006 23:22 PDT
Expires: 21 Sep 2006 23:22 PDT
Question ID: 758637
In a previous question, one of the comments mentioned a tax exemption
on overseas real estate transactions.  I own properties or am
considering purchasing property in the following countries:

United Arab Emirates, Egypt,and Thailand (also Kazakhstan and
Kyrgyzstan - though my ownership in these countries is by nominee)

1) Could someone find out what the applicable laws are for these
exemptions.  Will I (as a U.S. citizen residing overseas year round)
only have to pay tax in the country I sell my property in, or will I
just deduct the portion I paid overseas from my tax burden in the
U.S.?

2) And how about when I move back home?  Would a U.S. citizen residing
in the U.S. who sells property overseas also be entitled to this
exemption?
Answer  
There is no answer at this time.

Comments  
Subject: Re: Exemption on overseas real estate transactions???
From: myoarin-ga on 23 Aug 2006 05:06 PDT
 
Henry,
It was probably my comment you are referring to.
Here is a site with many if not all (at that date) of the US treaties
on the subject.
http://www.unclefed.com/ForTaxProfs/Treaties/index.html

The site does not include treaties for UAR and Kyrgyzstan.

As I understand it from my recollection of the treaty with Germany,
where I (US citizen) live, I believe income from sale of real estate
is only taxed in that country, and that there is no right of off-set
against tax in the other country, and, I believe, it does not matter
whether you are living abroad or in the USA.

Using a nominee could well complicate matters.  I know, for example,
that income from sale of land held by a US "S corporation", although
that income is treated by the IRS as personal long term income, in
Germany, which does not recognize the US treatment of S Corporations,
the income is considered to be normal, fully taxable personal income
when distributed.

On the other hand, because the US does not have a tax on capital
assets  - a wealth tax -  the IRS doesn't know everything ...

You should also know that the IRS and some foreign countries do
exchange information about income of their citizens living in the
other country  - just to keep us honest (but the system is not
perfect).

As you can read in the disclaimer below, this is not legal or
professional advice.  And as you can see above, I am only sure about
the information on Germany's treatment of S corporations and that in
the previous paragraph.

Nonetheless, if you have further question, I will try to help.

Regards, Myoarin

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