US Tax

US-India Tax Guide 2026: NRIs, H1B Holders & Cross-Border Businesses

The United States and India share one of themost complex bilateral tax relationships inthe world. For Indians living in the US —whether on H1B visas, Green Cards, or asUS citizens with Indian financial ties —2026 brings continued IRS enforcement,strict foreign account reporting deadlines,and significant consequences for those whoare not fully compliant. This is your complete guide.

Who Needs US-India Tax Guidance in 2026?

The US-India tax relationship is unique because it affects not just businesses — but millions of individuals. You need specialist guidance if:

The Unique Challenge of US Taxation

Unlike the UK or UAE, the United States taxes its citizens and permanent residents on worldwide income regardless of where they live or where the income is earned. This creates a dual obligation that catches many Indians completely off guard in 2026.

How the US-India DTAA Protects You

The US-India Double Taxation Avoidance Agreement ensures you do not pay full tax twice on the same income. Key protections in 2026:

FATCA & FBAR — Critical 2026 Deadlines

Indian Property & Investments — US Tax Treatment

Owning Indian assets as a US tax resident creates specific obligations in 2026:

GILTI — The Tax Trap Most Indian Business Owners Miss

If you are a US person who owns 10% or moreof an Indian company, you may be subject toGILTI — Global Intangible Low-Taxed Income tax.GILTI applies to the profits of your Indian company above a 10% return on tangible assets —and is taxed in the US at rates upto 10.5%for individuals, even if you have not takenany dividends from the Indian company.In 2026, the IRS is actively auditing US share holders of Indian companies who havenot correctly reported or paid GILTI. Thisis not an obscure technical rule — it isa real and significant US tax exposure for thousands of Indian-Americans.

What Should You Do Now?

2026 is not the year to hope your Indian assets are invisible to the IRS. Automatic data sharing under FATCA means India reports US persons’ financial account data directly
to the IRS every year.

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