Kewal Krishan & Co, Accountants | Tax Advisors
Energy Efficient Gig US Resident

New US Resident Guide

Moving to the U.S. involves more than just a new job and a social security number, it triggers a massive shift in how your Indian wealth is taxed. In 2026, the IRS requires all residents (including H1B, L1, and Green Card holders) to report their global assets. If you moved recently, your first U.S. tax return is your most critical opportunity to “reset” your Indian investments for U.S. compliance.

The “Dual-Status” Filing Opportunity

In your year of arrival, you are often a Dual-Status Alien. This means:

  • Part 1 (Non-Resident): From Jan 1 until your arrival date, you only owe U.S. tax on U.S. income. Your Indian bank interest and dividends during this period are not reportable.
  • Part 2 (Resident): From your arrival date until Dec 31, you are a U.S. tax resident. Every rupee earned in India during these months must be reported on your 1040.

The “Big Three” Disclosure Forms

New residents often overlook the specific forms required for Indian assets. In 2026, the thresholds are:

Asset TypeDisclosure FormThreshold (Single/Joint)
Bank Accounts & FDsFBAR (FinCEN 114)$10,000 (Aggregate)
Stocks & Large BalancesForm 8938 (FATCA)$50,000 / $100,000
Mutual Funds / ULIPsForm 8621 (PFIC)$25,000 / $50,000*

*Note: If you receive any dividend or sell a fund, you must file Form 8621 regardless of the value.

The “First-Year Reset” for Mutual Funds

This is the most important step for a new resident. Because Indian mutual funds are PFICs, the IRS typically taxes them punitively. However, as a new resident in 2026, you can use the Mark-to-Market (MTM) Election:

  • The Benefit: You pay tax on the growth of the fund each year at ordinary rates, avoiding the 50%+ “Excess Distribution” interest charges.
  • The Reset: Your “Cost Basis” for the U.S. is the Fair Market Value (FMV) of the fund on your residency start date. You are not taxed on the gains that happened while you were still in India.

India’s 2026 Small Taxpayer Relief

In a significant update, the Union Budget 2026 introduced the Foreign Assets of Small Taxpayers Disclosure Scheme. If you failed to disclose assets under ₹20 Lakh (~$24,000) when you left India, you may have immunity from Indian prosecution. This makes it much safer to accurately report those same assets to the IRS in 2026 without fear of cross-border legal trouble.

How KKCA Secures Your Status

We specialize in the “Landing Year” transition for Indian professionals:

  • Basis Step-Up: We help you document the NAV of your Indian funds on the day you landed in the U.S. to ensure you only pay tax on “post-arrival” gains.
  • Election Strategy: We analyze your portfolio to decide if an MTM Election is better than the Section 1291 default, potentially saving you thousands in future interest.
  • FBAR & FATCA Synchronization: We ensure the values reported to the IRS match the data Indian banks are now sending under FATCA, preventing 2026 audit triggers.

Call to Action

Looking for personalized tax services about your specific tax situation? Please contact us. We are here to help you with your specific tax matters.

Frequently Asked Questions (FAQ)

Q: Do I need to disclose my Indian EPF? A: Yes. While it has treaty protections, it must be reported on your FBAR and Form 8938 if you meet the thresholds.

Q: Can I keep my Indian resident savings account? A: No. Under FEMA (Indian law), once you move to the U.S., you must convert your resident accounts to NRO/NRE accounts. The IRS will see these reclassified accounts during your 2026 disclosure.

Q: What exchange rate should I use? A: For the IRS, you must use the Treasury Reporting Rates of Exchange (usually the Dec 31 rate). For Indian capital gains, you use the SBI TT Buying Rate.

Disclaimer

This blog is intended for informational purposes only and does not constitute legal or tax advice. Please consult a qualified U.S. CPA or tax attorney for guidance specific to your situation.

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