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Possible taxation of unrealized overseas capital gains


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In a landmark case, the U.S. Supreme Court will decide whether a mandatory tax on unrealized gains violates the Constitution. Taxation of unrealized gains is at the...


Interesting court case on taxation of unrealized capital gains.  While this case involves an overseas entity owned by Americans there could be precedence set which affects American assets owned by Americans in the future.  As the article points out a large amount of unrealized capital gains is never taxed because beneficiaries receive a stepped up basis when they inherit these assets.  

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  • 7 months later...
50 minutes ago, cany10011 said:

Isn't this part of the regular FBAR that must be filed for offshore accounts? 

No.  The FBAR is just the yearly report you have to file if you have a foreign bank account, trust, etc worth 10k or more.  This is a yearly tax on unrealized gains of assets, even before you sell them.   It's a wealth tax.  

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16 hours ago, augustus said:

No.  The FBAR is just the yearly report you have to file if you have a foreign bank account, trust, etc worth 10k or more.  This is a yearly tax on unrealized gains of assets, even before you sell them.   It's a wealth tax.  

Thanks for clarifying!

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