Cross-Border & NRI Tax

US-India Cross-Border
and NRI Tax Services

The US-India tax corridor is complex — and most US accounting firms are not equipped to handle it. We are. From FBAR and FATCA compliance to US-India treaty planning and transfer pricing, we advise NRIs, Indian-American business owners, and US companies with India operations.

Cross-Border Filing Status
Tax Year 2024
All Clear
FBAR (FinCEN 114)
Foreign bank account report
Filed
FATCA (Form 8938)
Foreign financial assets
Filed
Form 5471
Controlled foreign corporation
Filed
Foreign Tax Credit
Form 1116 — optimized
Applied

Cross-border compliance we handle

FBAR (FinCEN 114) FATCA (Form 8938) Form 5471 Form 5472 US-India DTAA IRC Section 482 Foreign Tax Credit FBAR (FinCEN 114) FATCA (Form 8938) Form 5471 Form 5472 US-India DTAA IRC Section 482 Foreign Tax Credit
The Problem

Cross-Border Taxes Are Genuinely Complex — and Most Advisors Cannot Handle Them

If you are an NRI living and working in the United States, your tax situation involves two tax systems, multiple reporting requirements, and a bilateral treaty that most advisors have never studied in depth. Miss an FBAR filing and the penalty is $10,000 per account, per year — even if it was an honest mistake.

If your US business has Indian operations — a subsidiary, a joint venture, or an intercompany service arrangement — the compliance picture is even more involved. Transfer pricing documentation, Form 5471 reporting, and cross-border payment withholding requirements all carry significant penalty exposure.

Finding an advisor who understands both sides — not just US tax law but how it interacts with Indian tax rules, the DTAA treaty, and RBI/FEMA regulations — is exactly what we built our practice to do.

Missed FBAR — $10,000 per account, per yearEven unintentional non-filing carries steep penalties. The IRS treats foreign account reporting seriously regardless of whether any tax was owed.
Form 5471 penalties start at $10,000 per formOwning as little as 10% of an Indian private limited company may trigger a US filing requirement that most advisors don't know exists.
Treaty benefits left unclaimedWithout expert treaty analysis, NRIs routinely overpay by missing applicable exemptions, reduced withholding rates, and treaty-based positions.
Transfer pricing exposure for US-India businessesIntercompany transactions without arm's length documentation face 20% IRS penalties on top of any tax adjustment — with no statute of limitations protection.
What We Do

Our Cross-Border & NRI Tax Services

Seven specialized service areas covering every dimension of US-India cross-border tax compliance and planning.

Foreign Account Reporting

FBAR and FATCA Compliance

If you are a US person (citizen, green card holder, or resident) with financial accounts outside the US exceeding $10,000 at any point during the year, you are required to file an FBAR (FinCEN Form 114). FATCA (Form 8938) has separate thresholds and applies to a broader range of foreign financial assets. We prepare both filings accurately and on time, and advise on the reporting requirements for Indian bank accounts, PPF accounts, PF balances, and investment accounts.

Penalty exposure: up to $10,000 per account per year for non-willful violations
Tax Treaty

US-India Tax Treaty Planning

The US-India DTAA (Double Taxation Avoidance Agreement) provides significant opportunities to reduce combined US and Indian tax burdens — but only when applied correctly. We analyze your situation under the treaty to identify applicable exemptions, reduced withholding rates, tie-breaker rules for dual residents, and treaty-based positions that need to be reported on your US return. We also advise on the tax residency implications of time spent in India versus the US.

Treaty-based positions reported on Form 8833 where required
Tax Optimization

Foreign Tax Credit Optimization

US persons taxed on foreign income by India may be able to offset a portion of that Indian tax against their US tax liability through the foreign tax credit (Form 1116). Proper planning around the foreign tax credit — including basket categorization, limitation calculations, and carryforward and carryback rules — can produce significant tax savings. We model the optimal credit position for each client's situation.

Filed on Form 1116 — reduces dollar-for-dollar US tax liability
Controlled Foreign Corporations

Form 5471 — Controlled Foreign Corporations

If you own 10% or more of a foreign corporation — including an Indian private limited company — you may be required to file Form 5471 with your US tax return. Penalties for non-filing start at $10,000 per form, per year, and can reach $50,000 for continued failure. We prepare Form 5471 including the required Schedules, Subpart F income calculations, and GILTI (Global Intangible Low-Taxed Income) analysis.

Penalties: $10,000–$50,000 per form per year for non-filing
Foreign-Owned US Corporations

Form 5472 — Foreign-Owned US Corporations

If an Indian individual or entity owns 25% or more of a US corporation, Form 5472 must be filed for any reportable transactions between the US corporation and its foreign owners. Failure-to-file penalties are $25,000 per form. We prepare Form 5472 filings and advise on the documentation required to support reportable transactions, including management fees, loans, and service arrangements.

$25,000 penalty per form for non-filing
Intercompany Transactions

Transfer Pricing Documentation

US businesses with Indian subsidiaries or affiliates are required to conduct intercompany transactions — management fees, royalties, intercompany loans, cost-sharing arrangements — at arm's length prices. We prepare contemporaneous transfer pricing documentation as required under IRC Section 482 and advise on pricing methodologies that withstand IRS scrutiny while optimizing the overall group tax position.

IRC Section 482 — required for all US-India intercompany transactions
Individual Compliance

NRI Individual Tax Planning and Compliance

For NRIs managing assets in both India and the US, we provide a comprehensive annual tax package covering: Form 1040 with all relevant schedules, FBAR, FATCA reporting, foreign tax credit, treaty-based positions, and planning advice for major financial events such as property sales in India, inheritance, or repatriation of funds.

Full-service NRI annual tax package — one team, complete coverage
Who We Serve

Built for the US-India Financial Corridor

NRIs on H-1B, L-1, O-1 or Green Card

US-resident NRIs with Indian bank accounts, PPF, mutual funds, property, or family financial accounts requiring FBAR, FATCA, and treaty analysis.

Indian-American Entrepreneurs

Business owners with India-connected interests, shareholdings in Indian companies, or family financial accounts requiring Form 5471 and compliance review.

US Companies with Indian Operations

US businesses with Indian subsidiaries, joint ventures, or service arrangements needing Form 5471, Form 5472, or transfer pricing documentation.

Indian Businesses Entering the US

Indian companies or investors setting up a US entity and needing initial tax compliance, cross-border structuring advice, and Form 5472 preparation.

NRIs with Indian Property or Inheritance

NRIs who have inherited Indian property or assets and need US tax guidance on the reporting requirements, tax treatment, and repatriation planning.

Common Questions

Cross-Border Tax
FAQ

Answers to the questions we hear most from NRIs and US-India businesses.

If you are a US person (citizen, green card holder, or resident alien) and the aggregate value of your foreign financial accounts exceeded $10,000 at any point during the calendar year, you are required to file an FBAR (FinCEN Form 114). Indian bank accounts, NRE and NRO accounts, PPF accounts, and Indian brokerage accounts are all potentially reportable. Penalties for non-filing can reach $10,000 per account per year for non-willful violations.
The US-India Double Taxation Avoidance Agreement (DTAA) is a bilateral treaty designed to prevent the same income from being taxed by both countries. Key benefits include reduced withholding tax rates on dividends, interest, and royalties; exemptions for certain categories of income; and tie-breaker rules for determining tax residency when you qualify as a resident in both countries. Properly applying the treaty can significantly reduce your combined US and Indian tax burden.
Yes, potentially. If you own 10% or more of a foreign corporation, including an Indian private limited company, you may be required to file Form 5471 with your US tax return. Even if the foreign corporation has no US-source income, the reporting obligation still exists. Failure to file Form 5471 carries a minimum penalty of $10,000 per form per year, with higher penalties for continued non-compliance.
Once you become a US tax resident (typically after meeting the substantial presence test), you are taxed by the US on your worldwide income — including your Indian salary. You may be able to claim a foreign tax credit for Indian taxes paid on that income. You will also need to report any Indian financial accounts on FBAR and potentially FATCA. The US-India treaty may provide some relief depending on your specific situation. We advise many H-1B professionals on exactly this scenario.
FBAR and FATCA are both foreign account reporting requirements for US persons, but they are separate filings with different thresholds and different scopes. FBAR (FinCEN 114) covers financial accounts with aggregate value over $10,000. FATCA (Form 8938, filed with your tax return) covers a broader range of foreign financial assets with higher thresholds — generally $50,000 for single filers and $100,000 for married filers, though these thresholds are higher for US residents abroad. We prepare both.
Yes. The IRS has established procedures specifically for taxpayers with delinquent FBAR filings — including the Streamlined Filing Compliance Procedures for non-willful violations, which provide a path to become current with reduced penalties. We have guided many clients through these procedures. Acting sooner rather than later typically results in better outcomes. Contact us for a confidential consultation.
Intercompany transactions between a US company and its foreign parent, subsidiary, or affiliate must be conducted at arm's length prices under IRC Section 482. This means the pricing must reflect what unrelated parties would agree to in similar circumstances. You may also need to file Form 5472 to report the management fee transaction. Proper transfer pricing documentation is required to protect against IRS adjustments, which can carry a 20% penalty on any underpayment. We prepare the required documentation.

Cross-Border Tax
Should Not Be a Guessing Game

Your first consultation is free. 30 minutes, no obligation, no sales pressure.