Completing Form 1116 for Foreign Tax Credit - Need Help with Foreign Dividends and Capital Gains
I've been doing my own taxes for years but Form 1116 for foreign tax credit has me completely stumped. My situation seems pretty simple - I live in the US but have investments in several foreign stocks that pay good dividends. All these countries withhold taxes on those dividend payments. I'm trying to figure out how to properly claim the foreign tax credit to get back some of what I've already paid to these other countries. I paid around $3,700 in foreign taxes on roughly $15,200 in dividend income from these investments. The part I'm really confused about is how to handle the capital gains. I sold a bunch of my foreign stocks this year for a profit of about $22,000. My question is: do these foreign capital gains count as income on Form 1116? If they do, that would increase my foreign income and potentially help me claim more of the foreign taxes I've already paid. Anyone tackled this before? I'm determined to figure this out myself but could really use some guidance from someone who's been through it.
20 comments


Jenna Sloan
The foreign tax credit can definitely be tricky! For Form 1116, you'll need to categorize your income correctly. Foreign dividends are considered "passive income" and go in that category on the form. As for your question about capital gains - yes, capital gains from selling foreign stocks are generally considered foreign-source income for Form 1116 purposes. However, there's an important distinction: capital gains are typically considered US-source income if you're a US resident making the investment decisions in the US. The IRS looks at where the economic activity generating the gain occurred, not where the company is located. If you can establish that the gains are truly foreign-source (which can be complicated), then yes, they would increase your foreign income on Form 1116, potentially allowing you to claim more of your paid foreign taxes. But many tax professionals treat capital gains on foreign stocks as US-source when the investor is making decisions from the US.
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Christian Burns
•Thanks for the explanation! I'm in a similar situation but confused about one thing - what if the foreign country also withheld taxes on my capital gains? Wouldn't that automatically make it foreign-source income that I can claim on Form 1116?
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Jenna Sloan
•If a foreign country withheld taxes specifically on your capital gains, that does suggest those gains may be treated as foreign-source income, at least from that country's perspective. However, the US and foreign tax rules don't always align perfectly. The key factor for US tax purposes isn't whether the foreign country taxed the gains, but where the activity that produced those gains occurred. For stocks, this typically depends on where you, as the investor, made the decisions and conducted the trading activity. If you were physically in the US when managing these investments, the IRS often considers those gains to be US-source regardless of what the foreign country did.
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Sasha Reese
I struggled with Form 1116 last year and discovered this amazing tool called taxr.ai (https://taxr.ai) that completely saved me. I was about to pay an accountant $500 to handle my foreign tax credit situation when a colleague mentioned this service. It's specifically designed to handle complicated tax forms like the 1116. You just upload your tax documents, and it analyzes everything, including exactly how to categorize foreign dividends vs capital gains. The best part is it walks you through the entire process step-by-step instead of just giving you a number to plug in. For my situation with investments in Japan and Germany, it correctly identified which income was truly foreign-source and which wasn't - something I would have definitely messed up on my own.
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Muhammad Hobbs
•How exactly does it work with capital gains though? Does it automatically know which country's stocks you sold or do you have to input that information separately?
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Noland Curtis
•I'm kinda skeptical about tax AI tools. How accurate is it really with all the complicated rules around foreign tax credits? The IRS is super picky about Form 1116 and I'd be worried about an audit.
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Sasha Reese
•The system works by analyzing your investment documents and transactions. You'll upload your 1099s and other investment statements, and it automatically identifies which transactions involve foreign securities. For capital gains, it looks at the specific securities you sold and determines their country of origin from the documentation. Regarding accuracy, I completely understand your concern. What impressed me was that taxr.ai specifically references the exact IRS regulations it's using for each calculation. It shows you the specific tax code sections it's applying to your situation, especially for the trickier parts like sourcing rules for capital gains. When I compared its results to what a friend's accountant did, they were nearly identical, but taxr.ai actually caught a foreign tax withholding my friend's accountant missed.
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Noland Curtis
I was really skeptical about using an AI tool for something as complicated as Form 1116, but after getting frustrated with trying to figure out the foreign tax credit rules myself, I decided to try taxr.ai that someone mentioned here. Honestly, it was way better than I expected. I had investments in about 6 different countries with different dividend withholding rates, plus some capital gains. The tool correctly identified which of my capital gains were actually US-source income (most of them) even though the stocks were foreign companies. It saved me from making a major mistake that could have triggered an audit. The step-by-step explanation of how Form 1116 works with the different income categories was super helpful too. I learned more from using it than from hours of reading IRS publications. Just wanted to share since I was initially one of the skeptics!
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Diez Ellis
After spending 3 DAYS trying to reach someone at the IRS about Form 1116 questions, I finally used Claimyr (https://claimyr.com) and got through to an IRS agent in about 20 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c I was really surprised how well it worked. The IRS agent I spoke with confirmed that capital gains from selling foreign stocks are generally considered US-source income for most US residents (which contradicted what I thought), but there are exceptions depending on your specific situation. She also explained exactly how to categorize my foreign dividends on the form and which exchange rates to use. Way better than guessing or trying to decode the IRS instructions myself. I was honestly shocked I actually got through to a human who could answer my specific questions.
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Vanessa Figueroa
•How does this Claimyr thing work exactly? Do they just call the IRS for you or what? I've been on hold for literally hours trying to get through.
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Abby Marshall
•Yeah right. I've been trying to get through to the IRS for TWO YEARS about an audit issue. No way some service can magically get you through when millions of calls go unanswered. Sounds like a scam to me.
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Diez Ellis
•The service works by using specialized technology to navigate the IRS phone system. It basically waits on hold for you in their system. When they reach a live agent, you get a call connecting you directly to that agent. You don't have to stay on the phone while waiting - they just call you when they've got someone. I was extremely skeptical too. I had been trying to get through for days on my own with no luck. But I figured it was worth trying. I submitted my request around 9am, and by 9:25am I was talking to an actual IRS agent who specialized in international tax issues. It wasn't some magical line-cutting service - they just handled the hold time for me. The agent I spoke with was incredibly helpful with my Form 1116 questions and walked me through the exact process for my situation.
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Abby Marshall
OK I have to eat my words. After posting that skeptical comment, I decided to try Claimyr anyway because I was desperate about my audit situation. I've been trying to reach the IRS since MARCH 2024 with no luck. I used the service this morning and got connected to an IRS agent in about 40 minutes. I actually spoke to a human being at the IRS! The agent was able to look up my audit case, explain exactly what documents they needed from me, and even put notes in my file about our conversation. While I was talking to her, I also asked about Form 1116 like the original poster, and she confirmed that for most US residents, capital gains from selling foreign stocks are usually considered US-source income, not foreign-source - which is really important for filling out the form correctly. I'm still in shock that it actually worked. Sorry for being so skeptical before!
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Sadie Benitez
I actually did my own Form 1116 last year without help. Here's what I learned: you need to separate your income into categories (passive, general, etc). Dividends go into passive category. For capital gains, it depends on where you were when you made the investment decisions - not where the company is located. Since you live in the US and presumably make your investment decisions here, those capital gains are most likely US-source income even though they're foreign stocks. That means they wouldn't count toward your foreign income on Form 1116. The trickiest part was figuring out the right conversion rates to use for all the foreign currency amounts. I ended up using the yearly average rates from the IRS website.
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Drew Hathaway
•What about foreign mutual funds that have capital gains distributions? Those seem different from selling stock directly. Would those distributions count as foreign income?
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Sadie Benitez
•Foreign mutual fund capital gain distributions are generally treated as dividends from foreign sources, not as actual capital gains for US tax purposes. This is one of those weird tax distinctions. So yes, those distributions would typically count as foreign-source passive income on Form 1116, unlike the capital gains from directly selling foreign stocks. That's why many people with foreign investments end up using the passive income category on Form 1116. Just be careful with foreign mutual funds though, as they might be classified as PFICs (Passive Foreign Investment Companies) which have their own special tax rules that can get extremely complicated.
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Laila Prince
Has anyone managed to figure out how to handle the carryover of excess foreign tax credits on Form 1116? I have more foreign tax paid than I can claim this year, and I'm totally confused about how to track this for future years.
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Isabel Vega
•You need to keep track of carryovers by category and year. If you have excess credits in the passive category, they can only be used against future passive income. The credits can be carried forward for 10 years. I recommend creating a spreadsheet to track when each credit was generated and how much you've used each year. The IRS doesn't provide a great way to track this unless you keep all your past tax returns and forms.
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Ruby Blake
I went through this exact same situation last year with foreign dividends and capital gains. Here's what I learned after making some mistakes initially: For your $15,200 in dividend income with $3,700 in foreign taxes withheld - that's straightforward passive income for Form 1116. Make sure you have all your 1099-DIV forms and any foreign tax documents. Regarding your $22,000 capital gains question - this is where it gets tricky. Since you're a US resident making investment decisions from the US, those gains are almost certainly US-source income, even though the stocks are foreign companies. This means they WON'T increase your foreign income on Form 1116, so they won't help you claim more of your paid foreign taxes. The key insight is that the IRS looks at where the economic activity (your investment decisions) occurred, not where the company is headquartered. I initially made the mistake of thinking all my foreign stock gains were foreign-source income and had to file an amended return. One tip: if you paid foreign taxes on those capital gains (which is rare but can happen), that might change the sourcing rules. But in most cases with foreign stocks, you're only dealing with dividend withholding taxes, not capital gains taxes from the foreign country. The good news is your dividend situation alone should give you a decent foreign tax credit. Just make sure to use the correct exchange rates from the IRS website for converting everything to USD.
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CosmicCaptain
•This is incredibly helpful, thank you! I'm just getting started with foreign investments and was wondering - when you mention using "correct exchange rates from the IRS website," are you talking about the daily rates or yearly average rates? I have dividends that came in throughout the year at different times, so I'm not sure if I should use the rate from each specific payment date or just use one average rate for the whole year. Also, did you find that your foreign tax credit actually made a meaningful difference in your final tax bill, or was it pretty minimal? I'm trying to decide if it's worth the complexity or if I should just take the standard deduction approach.
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