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Inheriting Indian property as a US person: why the Indian tax can strand your credit

I inherited a house in India and the US gives me a stepped-up cost, but India seems to tax the whole gain from decades ago. Do I pay twice?

You inherited property in India and plan to sell. The US gives you a cost equal to its value on the day you inherited, so your US gain is small. India, though, taxes the gain from the original owner's cost, often decades back, so the Indian tax is large. You want to know whether your foreign tax credit fixes this, and it often does not.
Last reviewed: 30 July 20267 min readReviewed by Preetesh Maloo, CA

The short answer

When you inherit, the US resets your cost in the property to its value on the date of death, so if you sell soon the US gain and US tax are small. India does the opposite: it has no inheritance tax, but on sale your cost is the original owner's cost, and as an NRI you pay 12.5% on the whole long-term gain with no indexation. So India taxes a large historical gain while the US taxes a tiny one. The foreign tax credit can only offset US tax on the same income, and because the US gain is small, most of the Indian tax has no US tax to sit against and is stranded, a real out-of-pocket cost. The 3.8% NIIT then adds to it with no credit at all.

References on this page

  • US Internal Revenue Code Section 1014 (step-up)
  • US Internal Revenue Code Section 904 (credit limit)
  • Section 49(1) and Section 2(42A); Section 55(2)(b)
  • Section 112 (Section 197 from FY 2026-27)

Two countries, two very different cost bases

The mismatch starts with how each country sets your cost. Under US law, when you inherit property your cost, or basis, is stepped up to the fair market value on the date the previous owner died, under Internal Revenue Code Section 1014. So if you sell soon after, the US sees only the gain since the death, which is small or nil.

India works the other way. There is no inheritance tax, so receiving the property is not taxed, but when you sell, your cost is the original owner's cost, carried over under Section 49(1), and your holding period includes theirs under Section 2(42A). If the property was bought before April 2001, you may use its value as on 1 April 2001 instead, under Section 55(2)(b), but that is still far below today's price. So India taxes the gain from decades ago, not just the gain since you inherited.

As an NRI you get no indexation to soften it

For a long-term sale after 23 July 2024, an NRI pays 12.5% on the gain without indexation, plus surcharge, capped at 15% on capital gains, and 4% cess, which comes to about 14.95% of the gain. Section 112 becomes Section 197 from FY 2026-27, but the rate is the same.

The part that stings is that the option to pay 20% with indexation, which would lift your cost for inflation and cut the gain, was kept only for resident individuals and Hindu undivided families. An NRI does not get it. So you are taxed at 12.5% on the full gain from the old cost, with no inflation relief at all.

Why the foreign tax credit gets stranded

You would expect the US foreign tax credit to cancel the Indian tax, but it cannot here. The credit is limited, under Internal Revenue Code Section 904, to the US tax on the same income. Because your US gain is tiny, thanks to the step-up, the US tax on it is tiny, so the credit is capped at that small figure. The much larger Indian tax has almost no US tax to sit against.

The excess credit is not lost forever on paper, it can be carried back a year and forward ten, but it can only be used against US tax on other foreign passive income, which most people do not have, so it usually expires unused. In practice the bulk of the Indian tax is a real cost you bear. On top of that, the 3.8% NIIT applies to your US gain with no credit at all.

A worked example

Sameer, a US citizen, inherits his father's Delhi flat. His father bought it in the 1990s, so its cost, taken as the 1 April 2001 value, is about twenty lakh rupees, and Sameer sells it soon after inheriting for one crore.

India taxes the gain from twenty lakh to one crore, about eighty lakh, at 12.5% plus surcharge and cess, roughly twelve lakh rupees of Indian tax. The US, using the step-up, sees almost no gain because he sold near the inherited value, so his US tax on the sale is small. His foreign tax credit is capped at that small US tax, so most of the twelve lakh has nothing to offset it and is stranded. Planning the sale, and knowing this before he sells, is the only way to manage it.

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What's involved

What the CA actually does

  1. 1

    Fix the Indian cost and gain

    We establish the original or 1 April 2001 cost, apply the carry-over rules, and compute the Indian tax correctly so nothing is overpaid.

  2. 2

    Cut the Indian tax where the law allows

    We check reinvestment reliefs and a lower-TDS certificate so the buyer does not over-withhold, and the Indian tax is the minimum the law allows.

  3. 3

    Time the sale against the step-up

    We flag how soon-after-death timing keeps your US gain small, and where a later sale or reinvestment changes the credit picture, so the choice is deliberate.

  4. 4

    Hand your CPA the figures

    We give your US accountant the Indian cost, gain and tax paid so the foreign tax credit and the step-up line up on the US return.

What to have ready

Documents you'll typically need

  • Proof of inheritance and the original owner's purchase details
  • 1 April 2001 valuation, if the property is older
  • Sale deed and sale value
  • PAN and passport

Frequently asked questions

Common questions

Inherited Indian property and facing US tax too?

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