Hi @Wuozopo,
I have seen your replies on this topic on numerous discussions. I wanted to thank you as it has been extremely helpful for me.
I was wondering if you could quickly go through my situation to check if all makes sense. I will be permanently moving to the US (K-1 Visa) in 2023. You can assume that I will become a tax payer in 2023 (substantial presence test). Therefore, I will need to file taxes in 2024 for the 2023 fiscal year. I will do this jointly with my wife. As, I come from a high-tax country, I would like to use the Foreign Tax Credit (Form 1116) to offset high taxes I paid for fiscal year 2023. I am from a country that the US has a tax treaty with (including social security tax treaty). 2 question from my end. Question 1: Are the following calculations correct?
Foreign Gross Income of $55000 and Total US Income (including partner's) of $130000. Total Worldwide Income is then $185000.
Total US Tax Liability (Excluding Social Security) is around $46000. I will have paid $17000 in taxes (excluding social security) in my home country.
Foreign Tax Credit Limit would be = ($55000/$185000)*$46000 = $13675. The foreign income was 30% of the worldwide income, and thus total tax credit limit is 30% of US Taxes (excluding Social Security).
Since, I have already paid $17000 in foreign taxes, I will only be able to reduce taxes by $13675. Then, there is a $3325 foreign credit limit unused.
Question 2: I know that you can either carry over or carry back this unused foreign tax credit. Carrying it over will not be very beneficial as I don't expect to have any foreign income in the next 10 years. So I looked at carrying it back, however, that seems a bit strange in my opinion. My wife and I will only have filed jointly in 2024. It seems strange that I can look back - including her income - to fiscal year 2022 and reduce taxes there as well. Especially that I have only become a US tax resident in 2023. Without giving the numbers, the credit limit for fiscal year 2022 would be more than the outstanding $3325. Does this mean, I could get the $3325 back?
I'm pretty confident I got everything right for fiscal year 2023 and the form 1116. However, the carry back is not really clear to me.
Thanks a lot for your input. I really appreciate it and again you have been super helpful for me already!!
Thanks!