u/PhysicalHawk9604

If I am in the RNOR period and want to liquidate my Roth IRA will my gains be taxed in the US or is it only the 10% penalty. Asking as US does not tax capital gains for RNOR.

I understand that we can reset the cost basis during the RNOR period. But can you buy and sell the stock in your US trading account during the RNOR period and avoid Indian taxes. Example, say I am in RNOR status today and buy a stock for 100$ and sell it by end of year for 120$ will I owe taxes in India?

Selling my home in Texas ($385K). My wife and I are Indian citizens on H1B/H4 visas with US SSNs. We have filed joint 1040 returns every year.

The issue:

• I pass the IRS Substantial Presence Test → no FIRPTA on my 50% ✅

• Wife narrowly misses SPT by closing date (as she was stuck in India for most of last year(though she will qualify as US tax resident shortly after closing→ title company wants to withhold 15% of her 50% ($28,875)

• We are actually selling at a capital loss — technically zero tax should be owed

What we’ve tried:

• Buyer won’t move closing date

• Title company won’t accept Form 8288-B •

My questions:

1. Can a title company legally refuse Form 8288-B?

2. Can we recover the $28,875 withholding faster than the typical 12-18 months(what I hear was typical for FIRPTA) via 1040?

3. How difficult is it to get the FIRPTA withholding back?

4. Any other options we’re missing given there’s literally zero tax owed? Has anyone dealt with this before? Any FIRPTA attorneys or CPAs who can help? 🙏