Nonresident holding US real estate property for investment

Technical topics regarding tax preparation.
#1
merlin  
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116
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10-Dec-2014 12:13am
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USA
hI ALL,

TRIED TO POST THAT IN AN OLDER THREAD BUT NO RESPONSES SO FAR SO TRYING A NEW ONE:

In case of a nonresident alien(living outside the US all the time) that holds a real estate prop as an investment in the US - will they report a sale of such property on Form 1040NR schedule D and "enjoy" capital gains tax?

Or- are they doomed to pay 30% tax on their investment gain, no matter if it's held short-term or long -term?

(PS- I'm not worried or asking about withholding of 15% of the proceeds when selling)
Thanks
 

#2
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30-Mar-2021 11:48am
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NY
Please see Page 16 of Form 1040NR instructions.

https://www.irs.gov/pub/irs-pdf/i1040nr.pdf
 

#3
merlin  
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116
Joined:
10-Dec-2014 12:13am
Location:
USA
Thanks for pointing this out...I should have looked there first.

Per the 2020 instructions, it goes to sched D:

"Dispositions of U.S. Real Property Interests
Gain or loss on the disposition of a U.S. real property interest (see Pub. 519 for definition) is taxed as if the gain or loss were effectively connected with the conduct of a U.S. trade or business.
Report gains and losses on the disposition of U.S. real property interests on Schedule D (Form 1040) and Form 1040-NR, line 7.
Also, net gains may be subject to the alternative minimum tax. See Line 1 under Instructions for Schedule 2, later. See Real Property Gain or Loss in chapter 4 of Pub. 519 for more information."
 


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