Tax Attorney Dallas Resolving Cross-Border Tax Issues for Indian-Origin Families
For Indian-origin High-Net-Worth Individuals (HNIs), Non-Resident Indians (NRIs), and Overseas Citizens of India (OCIs) residing in the United States, managing taxes across two jurisdictions is more than just a financial task it is a legal necessity. A skilled tax attorney Dallas helps navigate the mase of U.S. and Indian tax laws, reduce liabilities, and ensure full compliance.
Expert Guidance from a Tax Attorney Dallas
Understanding your tax residency status in both countries is the first step. While the U.S. taxes worldwide income, India’s tax liability depends on residency under Section 6 of the Income Tax Act, 1961. A trusted tax lawyer Dallas ensures you make the most of the Double Taxation Avoidance Agreement (DTAA) between India and the U.S., especially under Articles 6 and 25, allowing credits for taxes paid abroad.
Recent Indian legislative changes, such as the ‘deemed resident’ rule under the Finance Act 2020, now treat NRIs with income above ₹15 lakh and stay of 120+ days in India as residents, potentially making global income taxable. On the U.S. side, FATCA and CRS reporting compliance make it imperative to disclose foreign assets accurately. This is where NRI tax help becomes vital.
Tackling Real Cross-Border Tax Issues
A specialised tax attorney Dallas assists in managing various international taxation concerns including:
- Taxation of Indian Income
Rental income, dividends, and capital gains from Indian assets are taxable in India and must be reported in the U.S. A tax attorney helps claim DTAA relief.
- Property Sales in India
From July 2024, NRIs are subject to 12.5% Long-Term Capital Gains (LTCG) on property sales in India without indexation benefits (Section 112(1)(c)). Proper planning ensures legal compliance and reduced withholding (TDS).
- Reporting Foreign Assets
U.S. residents must file FBAR (FinCEN 114) for foreign accounts over $10,000 and Form 8938 for specified foreign assets. Errors can invite steep penalties.
- Wealth Transfers and Gift Tax
While India has no inheritance tax, the U.S. does. Large gifts from India to the U.S. may require Form 3520 filing. Strategic planning reduces tax exposure.
- Mutual Funds and DTAAs
A recent Mumbai ITAT ruling noted that NRIs investing in Indian mutual funds may get tax relief under DTAA as units are not equivalent to shares, offering partial exemption.
Why NRI Tax Help from a Tax Lawyer Dallas Is Crucial
With rising global scrutiny, Indian-origin families need customised cross-border tax solutions. A qualified tax attorney Dallas provides:
- Strategic Tax Planning across jurisdictions
- Seamless Compliance with U.S. and Indian regulations
- Representation During Audits by IRS or Indian authorities
- Legal Structuring of investments and estate plans
- Minimisation of Double Taxation and penalties
Whether it’s annual filing, estate planning, or business income tax management, an experienced tax lawyer Dallas becomes your financial guardian.
Latest Developments NRIs Should Know
- U.S. Remittance Tax Proposal (Effective 2026)
A proposed 3.5% tax on foreign remittances by non-citizens may cost families ₹30,000 per ₹8.3 lakh transfer. Proactive planning is needed.
- India’s Budget 2025
Raised exemption limit to ₹12 lakh, reduced surcharges, and introduced a $2 million repatriation ceiling. It also reduced capital gains tax to 15%.
- Revised TDS Rates
TDS on NRI rental income in India is now 25% (from 30%) with proper documentation. This is a relief, but compliance is essential.
FAQs for NRIs and OCIs
1. Do I need to pay tax in both India and the U.S.?
Only if proper DTAA claims are not filed. You can avoid double taxation through foreign tax credit mechanisms.
2. Is NRE FD interest tax-free in the U.S.?
No. Although it’s exempt in India, the U.S. taxes worldwide income, including NRE interest, for residents and citizens.
3. What is the FBAR rule and do I need to file it?
Yes, if the aggregate value of your foreign accounts exceeds $10,000. Non-filing can attract serious civil and criminal penalties.
4. How can I reduce TDS on property sales in India?
By obtaining a Lower/Nil TDS Certificate from the Indian IT Department and coordinating with your tax lawyer Dallas.
5. Am I considered a resident in India if I stay 120+ days?
Yes, if your Indian income exceeds ₹15 lakh. You may become a ‘deemed resident’ liable for Indian tax on global income.
Outlook: A Tax Attorney Dallas as Your Strategic Partner
Cross-border taxation is evolving rapidly. From U.S. remittance taxes to India’s residential status rules, laws are getting stricter and more interconnected. An experienced tax attorney Dallas ensures your family wealth is preserved, your rights protected, and your finances customised for compliance and efficiency.
Conclusion
Indian-origin families in the U.S. face a unique tax environment. From complying with FATCA and DTAA rules to reporting global assets and structuring repatriations, expert guidance is essential. LawCrust provides the trusted expertise of a dedicated tax attorney Dallas who understands your needs as an NRI or OCI, offering peace of mind and legal clarity.
About LawCrust Legal Consulting
LawCrust Legal Consulting, a subsidiary of LawCrust Global Consulting Ltd., is a trusted legal partner for NRIs and Indians across the globe. Backed by a team of over 70 expert lawyers and more than 25 empanelled law firms, we offer a wide range of legal services both in India and internationally. Our expertise spans across legal finance, litigation management, matrimonial disputes, property matters, estate planning, heirship certificates, RERA, and builder-related legal issues.
In addition to personal legal matters, LawCrust also provides expert support in complex corporate areas such as foreign direct investment (FDI), foreign institutional investment (FII), mergers & acquisitions, and fundraising. We also assist clients with OCI and immigration matters, startup solutions, and hybrid consulting solutions. Consistently ranked among the top legal consulting firms in India, LawCrust proudly delivers customised legal solutions across the UK, USA, Canada, Europe, Australia, APAC, and EMEA, offering culturally informed and cross-border expertise to meet the unique needs of the global Indian community.
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