Do I need to pay US income tax when selling an inherited house in a foreign country?
So here's my situation - my wife and I are both US citizens, but we're dealing with a property inheritance from overseas. My wife's mom (who wasn't a US citizen) passed away last year and left her house to my wife. The property is located in my wife's home country, not in the US. We're looking to sell this inherited house for around $1.1 million, and from what we can tell, the value hasn't really changed since we inherited it. The property was assessed at pretty much the same value when it was transferred to us. Since we file our taxes jointly, I'm trying to figure out if we'll owe any US taxes on this sale. I know the US tax system can be complicated with foreign assets, and I want to make sure we're doing everything right. Does anyone know how this works with inherited foreign property? Do we need to report this on our taxes even if there's no gain in value?
20 comments


William Schwarz
Yes, you absolutely need to report the sale on your US tax return, even though the property is in a foreign country. The good news is that since the property hasn't increased in value since you inherited it, you likely won't owe any US capital gains tax on the sale. When you inherit property, you receive what's called a "stepped-up basis" - meaning the property's tax basis becomes its fair market value at the date of death. If you sell it for the same amount as this stepped-up basis, there's no gain to tax. However, you still must report the transaction on Schedule D of your tax return. Be aware that you may owe taxes in the foreign country where the property is located. The US has tax treaties with many countries that can help avoid double taxation, but it depends on which country this is in.
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Lauren Johnson
•Do they still need to file an FBAR or Form 8938 for this? And what if the foreign country takes taxes out of the sale automatically?
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William Schwarz
•Yes, they may need to file an FBAR (FinCEN Form 114) if their aggregate foreign financial accounts exceeded $10,000 at any time during the year. This would include proceeds from the sale if kept in a foreign account. Form 8938 (Statement of Specified Foreign Financial Assets) might also be required depending on the total value of foreign assets. If the foreign country withholds taxes on the sale, you can typically claim a foreign tax credit on Form 1116 to offset US taxes and avoid double taxation. Keep all documentation of any foreign taxes paid, as you'll need this to properly claim the credit. The exact credit calculation depends on the specific country and applicable tax treaty.
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Jade Santiago
I went through something similar last year with property in Spain. The documentation requirements were driving me crazy until I found this tool called taxr.ai (https://taxr.ai) that helped me figure out exactly what forms I needed to file. It analyzed my situation and gave me a complete checklist of all the IRS forms related to foreign property sales. The tool flagged that I needed to report on Schedule D, but also reminded me about Form 8938 requirements and explained exactly how the stepped-up basis works for inherited foreign property. It also identified which tax treaty provisions applied to my situation so I could avoid double taxation between the US and Spain.
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Caleb Stone
•Does this work for other countries too? I have property in Thailand and the tax situation is super confusing.
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Daniel Price
•I'm skeptical about these online tools. How accurate is it really? Did you have an accountant check it afterwards?
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Jade Santiago
•Yes, it works for pretty much any country since it's based on US tax laws regarding foreign assets. It has specific guidance for different countries and their tax treaties with the US, so it should definitely help with property in Thailand. I was skeptical at first too, but I had my accountant review everything and he was impressed with how thorough it was. He said it correctly identified all the required forms and even caught a couple of things he might have overlooked regarding the specific tax treaty provisions. It saved him time which saved me money on his hourly rate.
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Caleb Stone
I tried taxr.ai after seeing it mentioned here and wow - it was incredibly helpful for my situation with my Thai property! I uploaded the inheritance documents and sale agreement, and it immediately identified that I needed to report on Schedule D, file a Form 8938, and consider potential FBAR requirements. The best part was how it walked me through the stepped-up basis calculation and showed me exactly which parts of the US-Thailand tax treaty applied to my situation. I was able to avoid double taxation completely! The documentation guidance saved me hours of research and probably thousands in potential filing mistakes. Definitely recommend for anyone dealing with foreign property sales.
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Olivia Evans
When I tried to call the IRS about a similar foreign property issue last year, I spent DAYS trying to get through to someone who could actually help. Finally used Claimyr (https://claimyr.com) and got connected to an IRS agent within 20 minutes who actually specialized in international tax issues. You can see how it works here: https://youtu.be/_kiP6q8DX5c They got me an IRS callback and stayed on the line until I was connected with a real person. The agent walked me through exactly what forms I needed and how to report the sale of inherited property in Germany. Completely different experience than spending hours listening to hold music and getting disconnected.
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Sophia Bennett
•Wait, how does this actually work? Does it just call the IRS for you or something?
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Daniel Price
•Yeah right. The IRS NEVER calls back. I've been trying to resolve an international property issue for months and can't even get past the automated system.
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Olivia Evans
•It doesn't just call for you - it navigates the entire IRS phone tree system and secures a callback slot that would normally be impossible to get. It basically jumps you to the front of the virtual line. I was super skeptical too! I had already spent over 8 hours across multiple days trying to reach someone at the IRS international division. Claimyr secured a callback in about 15 minutes, and I got a call from an actual IRS agent specialized in international tax issues about 2 hours later. They answered all my questions about reporting my foreign property sale and helped me understand exactly which forms I needed. Completely changed my perspective on dealing with the IRS.
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Daniel Price
I have to apologize for being so skeptical. After repeatedly failing to get through to the IRS about my foreign property issue, I finally tried Claimyr out of desperation. Couldn't believe it when I got a call back from an IRS international tax specialist in less than 3 hours! The agent clarified exactly how to report my UK property sale and confirmed I needed to file Schedule D with my stepped-up basis properly documented, plus Form 8938 since my total foreign assets exceeded the threshold. They even emailed me the specific IRS publications relevant to my situation. Saved me weeks of stress and potential penalties for incorrect filing. Sometimes it's worth admitting when you're wrong!
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Aiden Chen
Don't forget about potential currency exchange issues! When we sold my wife's inherited property in Japan, we had to account for currency fluctuations between when we inherited it and when we sold it. Even though the property value in yen stayed the same, the dollar equivalent changed, which created a "phantom" capital gain.
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Ella Knight
•That's a really good point I hadn't considered. Since we inherited this property about 8 months ago, there have been some currency fluctuations. How did you calculate this for tax purposes? Did you use the exchange rate from the inheritance date versus the sale date?
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Aiden Chen
•You'll need to use the official exchange rate on the date of inheritance to establish your basis in USD, then use the exchange rate on the date of sale to determine your proceeds in USD. The IRS generally accepts historical exchange rates published by the Treasury Department or reliable sources like OANDA or XE.com. Make sure to save documentation of the rates you use. In our case, the yen had weakened against the dollar, which actually created a loss on paper even though the property value in yen remained the same. Your situation might be different depending on the currency movements.
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Zoey Bianchi
One thing no one's mentioned yet - make sure to keep track of any expenses related to the sale! Lawyer fees, real estate commissions, transfer taxes in the foreign country, etc. Those can all be deducted from your proceeds to reduce any potential gain.
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Christopher Morgan
•This is so important! We sold property in Mexico last year and almost forgot to deduct about $25k in fees and taxes. Our accountant caught it just before filing.
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Sean O'Donnell
Great question! As someone who recently dealt with a similar situation involving inherited property in Canada, I can confirm what others have said about the stepped-up basis rules. Since you inherited the property at fair market value and are selling for essentially the same amount, you shouldn't have any capital gains tax liability. However, make sure you get proper documentation of the property's value at the time of inheritance - this becomes your basis for tax purposes. An official appraisal or comparable sales data from around the date of death will be important if the IRS ever questions your basis calculation. Also, don't forget to check if your wife's home country has any inheritance or transfer taxes that might apply to the sale. Some countries have withholding requirements on property sales by non-residents, even if the property was inherited. The timing of when you actually receive the sale proceeds could affect which tax year you need to report everything in. One last tip - if you're planning to keep the sale proceeds in a foreign account, make sure you understand the FBAR reporting thresholds. The $10,000 limit applies to the highest balance at any point during the year, not just year-end balances.
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Javier Cruz
•This is really helpful advice! I'm curious about the documentation requirements you mentioned. When you say "official appraisal or comparable sales data," how recent does this need to be to the date of death? We have some property records from about 2 months before my wife's mom passed away - would that be sufficient, or do we need something more precise to the actual date? Also, did you run into any issues with the foreign country not recognizing the stepped-up basis concept when calculating their own taxes on the sale?
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