Filing in both US and India — what do I file?

  • 15+Years of cross-border experience
  • 18,000+Clients served
  • 5.0Google rating
  • 4Global offices — India, USA, Canada & UAE
  • 15+ years of cross-border experience
  • 18,000+ clients served
  • 24-hour helpline: +1 (416) 619-0068
Answer

The largest professional-migration corridor in the world, and one where US citizenship-based taxation collides with India's April-to-March year and its deduction at source. Two obligations, one income. A treaty allocates the tax; it does not consolidate the filing.

What has to be filed in each

The largest professional-migration corridor in the world, and one where US citizenship-based taxation collides with India's April-to-March year and its deduction at source.

The team reviewing a file together at a desk

The exception worth knowing

US persons with Indian income reconcile Indian deduction against Indian liability and claim a US credit across mismatched years; returning Indians work the same machinery with the transitional residency window in play.

Filing in both US and India — what do I file?
ItemAmount
Income taxed in both countriesC$74,000
Tax paid abroad (assumed 30%)C$22,200
Home tax on the same income (assumed 40%)C$29,600
Credit available (lesser of the two)C$22,200
Home tax still payableC$7,400

The credit absorbs C$22,200 and leaves C$7,400 payable at home, because the home rate on this income is the higher of the two. The balance is real cash and it is due on the home timetable, which is why instalments get raised in the first meeting.

Illustrative figures, not a client engagement: the amounts are chosen to make the mechanism legible, and the rates and thresholds are assumptions stated for the example only. We confirm every one of them against the issuing authority for your own tax year before anything is filed.

What to do next

The full treatment — who it binds, the deadline, the penalty and the fixed fee — is on US ↔ India cross-border tax. Describe the situation in your own words; translating it into forms is our job.

Reviewed for the 2025 and 2026 filing seasons by Udit Gupta, Cross-Border Tax Expert, Legal Quotient Consultants. Written as general guidance, not as a recommendation for your situation. Talk it through with us before acting on it.

Tax treaty with US, in practice

Readers arrive here searching for tax treaty with US, and US and India is what the page is about. Below: who it catches, what has to be filed, and what it costs — quoted in writing, before anything is done.

What these engagements turn on

Case study 1

Indian rental income placed on both returns for the first time

A client in the US had let a flat in India for years, had tax deducted at source by the tenant's agent, and had reported none of it on either side. We rebuilt the rental history from bank credits and the agent's records, prepared the Indian returns so the liability was settled rather than assumed, then reported the same rent on the US side and claimed relief for the Indian tax payable. The engagement produced filed years in both countries, a reconciliation between them, and a disclosed holding for the flat itself.

Read how this one runs
Case study 2

Unfiled US years completed for a professional employed in India

A US citizen who had spent a long stretch working in India had assumed that Indian employment taxed in India ended the matter. We identified the years involved, reconstructed earnings and the tax deducted from payslips and Indian certificates, apportioned each Indian year across the two US years it touched, and prepared the outstanding returns along with the separate disclosure of the accounts his salary had been paid into. The engagement produced a complete set of filings brought forward at once, with the computation and the reconciliation attached to them.

Read how this one runs
Case study 3

An account inventory assembled in India for a US reporting obligation

The client believed he had two Indian accounts. The exercise found rather more: a joint account with a parent, a deposit rolling over automatically at renewal, and an account opened by a former employer for salary and never closed. We obtained statements and certificates for each, established which were genuinely his rather than held in name only, and recorded balances and the interest credited in each year. The engagement produced a documented account inventory supporting the US disclosure, and a standing list the client reviews annually instead of reconstructing.

Read how this one runs
Case study 4

Sale of an Indian flat reported in both systems in order

A property sale in India had tax deducted from the proceeds, which the client took to be the end of it. Deduction on a sale is provisional, and the gain still has to be computed and returned in India, where the cost and the allowable expenses are established on Indian rules. Only then can the US gain be computed on its own basis and relief claimed for the Indian tax payable. The engagement produced an Indian return settling the liability, a US computation consistent with it, and the recovery position for the excess deducted.

Read how this one runs
Case study 5

A shareholding in an Indian company disclosed on a US return

An interest in a company run by family members in India had never been mentioned to anyone preparing the client's US returns. We obtained the corporate records and available financial statements, established what the interest was and what it had cost, examined how the company was controlled and what income it earned, and settled whether anything was reportable in years where no distribution was made. The engagement produced the disclosure, a written analysis behind it, and a clear rule for the quiet years as well as the years money comes out.

Read how this one runs
Case study 6

An Indian estate distribution separated into capital and income

Money reached a US resident from a relative's estate in India as a single transfer, described only as an inheritance. What arrived was in fact a mixture: capital representing the estate itself, and income the estate had earned while it was being administered. The two are not treated alike, and the reporting obligations differ. We obtained the administration accounts, separated the components, and established what belonged on the US return and what was a disclosure rather than income. The engagement produced a documented breakdown and filings consistent with it.

Read how this one runs
Case study 7

A Second Opinion on a Return Already Filed

A cross-border return prepared on one side only is usually right in isolation and wrong in combination. The review checks residence, source and relief in that order, and says plainly whether an amendment is worth making.

Read how this one runs
Case study 8

A Non-Resident Estate Holding US Assets

US situs assets sit inside the US estate tax net regardless of where the owner lived, and the exemption available to a non-resident is not the resident one. The file establishes situs asset by asset before any relief is claimed.

Read how this one runs

All case studies — every published engagement in one place.

Core International & Cross-Border Tax Services

International Tax Planning & Advisory

Strategy and compliance for income, assets and families spread across borders.

One coordinating team: filings on every side of the border are sequenced so treaty relief and foreign tax credits are claimed once — and in the right country.

U.S. & Cross-Border Tax Returns

Dual filers: U.S. citizens in Canada and Canadians with U.S. income run two parallel systems — we prepare both, in the right order, every year.

Expat & Emigration Tax

The move year is its own project: the elections and valuations filed that year decide the next decade of both countries’ returns.

Non-Resident Canadian Tax

Default withholding is 25% of gross: elective returns routinely turn over-withheld rent and pensions into refunds.

Transfer Pricing & BEPS

Documentation prepared with the return is the cheapest insurance in international tax; reconstructing it during an audit is the most expensive.

Cross-Border Estates & Trusts

Wills drafted for one country routinely misfire in the other — deemed disposition here, estate tax there, credits in between.

Cross-Border Corporate Tax

Expansion raises the same four questions every time — entity, PE, repatriation, payroll. We answer them before the tax authorities do.

India Tax for NRIs & Returning Residents

The deduction is taken on the sale price, not the gain — which is why an NRI property sale strands cash unless the certificate is applied for before closing.

Canadian Tax with a Foreign Element

Residency is decided on facts, not on a form — and the year you arrive or leave is the one where the largest amounts turn on the smallest details.

UAE Tax for Expats & Their Home Country

A zero-tax country is only half the answer — the question that decides the bill is whether the country you came from still treats you as resident.

Industries & Client Types We Serve Worldwide

Global E-commerce & Marketplaces
Technology & SaaS
Professional Services Firms
Cross-Border Real Estate
Importers, Exporters & Manufacturers
Athletes, Artists & Entertainers
Remote Workers & Digital Nomads
Investment Funds & Holding Companies

Global E-commerce & Marketplaces

Cross-border tax for sellers shipping worldwide: marketplace withholding, foreign registrations and inventory nexus handled before they become audits.

Marketplaces withhold, remit and report in their own right, so the tax position of a single sale is decided by where the stock sat, where the buyer was and which platform collected — not by where the company is registered. We reconcile the platform's own filings against the returns before either is submitted.

  • Foreign VAT / GST / sales tax registrations
  • Marketplace withholding reviews
  • Inventory nexus & PE analysis
  • Multi-currency books reconciled
Explore E-commerce & Marketplaces

Technology & SaaS

  • Cross-border revenue sourcing & withholding
  • IP structuring with real substance
  • Equity for cross-border teams
  • U.S. expansion: entity & PE setup
Explore Technology & SaaS

Importers, Exporters & Manufacturers

  • Transfer pricing documentation (s.247)
  • Customs value vs transfer price
  • Foreign affiliate reporting (T1134)
  • Country-by-country reporting
Explore Trade & Manufacturing

Athletes, Artists & Entertainers

  • Reg 105 & U.S. CWA agreements
  • Multi-state & country calendars
  • Touring income allocation
  • Royalty & image-rights withholding
Explore Athletes & Entertainers

Remote Workers & Digital Nomads

  • Residency analysis before moving
  • Employer payroll exposure
  • Totalization & social security
  • Foreign tax credits
Explore Remote Workers

Investment Funds & Holding Companies

  • Treaty access & PPT reviews
  • FAPI & surplus computations
  • Withholding-efficient routing
  • Governance & substance
Explore Funds & Holdcos

The follow-up questions on US and India

What do I file in India now that I live in the US?

An Indian return is driven by what arises there and by your status under Indian rules, so the answer comes from an inventory rather than from a principle. Rent from a flat, interest credited on deposits, a share of profits from a business, gains on a sale: each of these can require a filing even in a year you never set foot in the country. Tax deducted at source on those amounts does not replace the return; it is provisional, and the return is what settles the liability. That settled figure is also what your US credit is measured against.

Do I have to tell the US about my Indian bank accounts?

Accounts held abroad are reported separately from the income they earn, and that is the distinction to hold on to. Interest goes into the income computation on your US return; the existence of the accounts, and what is in them, is a disclosure obligation of its own that applies even where the interest is trivial. Joint accounts opened with parents, deposits rolled over automatically and accounts left behind at a former employer's bank all count and are all routinely forgotten. Building the list once, with the bank's own statements behind it, is most of the work.

Does my Indian retirement account go on my US return?

Start with what the arrangement is rather than what it is called. The US applies its own characterisation to a foreign savings or retirement arrangement, and that characterisation, not the Indian description of it, decides how it is taxed and what has to be disclosed. The consequence is that an arrangement treated as long-term savings in India will not necessarily be left alone in the US until you draw on it. The document establishing the account and its terms is what settles this, so it is worth obtaining before a position is taken and then recorded so it holds for future years.

Do I file in both countries for the same year?

You file in both, but not for the same year, and that is the trap. India runs April to March and the US reports on a calendar year, so a single Indian year maps onto two US years and no Indian document translates directly onto a US return. Income has to be apportioned to the periods it was earned in and the tax has to be split on the same basis, or the credit ends up in a different year from the income it relates to. Keeping monthly records rather than annual summaries is what makes this straightforward.

My flat in India is rented — what goes where?

The rent is taxed in India because the property is there, and it goes on your US return as well because a US person reports income wherever it arises, with credit for the Indian tax properly payable. Both computations have to be done on their own rules: what is allowed against the rent differs between the systems, so the taxable rent is rarely the same number in each. The property and any local account through which the rent is collected are disclosures in their own right, separate from the income, and the Indian return should be settled first so the credit rests on a real figure.

I never filed US returns while working in India — can I fix it?

Yes, and the fix is to do it deliberately and completely rather than to start filing from this year and hope the earlier ones are forgotten. These files usually have two gaps, not one: the returns themselves and the separate disclosure of accounts held in India. Both have to be brought forward together. The work is to establish the years involved, reconstruct income and Indian tax paid for each from payslips, certificates and bank records, and prepare a coherent set of filings with the reconciliation attached, so the position you present is complete on its face.

What are Form 15CA and Form 15CB?

They are the certification pair required before certain remittances leave India. Form 15CA is the remitter's declaration filed online; Form 15CB is the accountant's certificate supporting the tax treatment and the rate applied, including any treaty relief. Which combination you need depends on the nature and size of the payment, and banks will generally not process the remittance without them. See Form 15CA.

Who is an NRI for tax purposes?

Residence in India is decided by days present in the tax year, with a second limb that also counts days over the preceding four years, and separate rules for Indian citizens leaving for employment. Fall outside the tests and you are non-resident, taxed in India only on Indian-source income. Between full residence and non-residence sits RNOR — resident but not ordinarily resident — which shelters foreign income for a limited window after returning. See RNOR status.

Our practitioners are alumni of leading accounting and tax institutions

Where our partners studied — CPA Canada (In-Depth Tax Program), AICPA, the Institute of Chartered Accountants of India and the Malaysian Institute of Accountants.

Request a Quote +1 (416) 619-0068