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Search: Posts Made By: lansbury
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Forum: USA
Feb 9th 2020, 8:07 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

If the Articles of the Treaty do not apply to a certain part of the population (US Citizens), I would expect there to be a clause in the treat stating that fact. When I moved to the US I had a...
Forum: USA
Feb 7th 2020, 8:10 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

I think you are misunderstanding what we are saying.

Under Article 19 of the Tax Treaty you don't pay tax to the IRS on your police pension. The 25% disbursement is part of your police pension, is...
Forum: USA
Feb 7th 2020, 5:08 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

Your circumstances are different to mine, as at the time I was only a UK citizen and lived in the US. However Article 19 para 2(b) of the UK/US Tax treaty says that for the US to tax your UK...
Forum: USA
Jan 27th 2020, 8:18 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

You are to be commended for taking the matter to a successful conclusion. It will act as a guide, and encouragement, for others to make a similar claim




When researching this before I came...
Forum: USA
Jan 27th 2020, 6:26 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

That is very interesting Glasgow Kid. It is a shame the IRS didn't explain the grounds on which they calculated the refund, because IMHO if you were not a US citizen when the UK tax free sum was...
Forum: USA
Jun 1st 2019, 6:02 am
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

There are been several theories put forward on possible ways to avoid the tax on the 25% lump sum. To my knowledge no-one has followed any of those paths and been audited. I suspect some have been...
Forum: USA
Dec 6th 2018, 7:40 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

Having been part of many discussions on BE in relation to this subject I cannot recall anyone posting that they had done this. A few have posted that it is allowed but have not appeared willing to...
Forum: USA
Mar 13th 2018, 7:33 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

It's a shame that you seem unable to allow others to hold a differing view to yourself, but I guess in your world only you are right. The way I read the HMRC document may or may not be correct the...
Forum: USA
Mar 13th 2018, 6:02 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

We do, you just don't like the answers. :lol:

1) As theOAP posted above.

2) Take the full 25% in one lump and as you are a US citizen pay the US tax on it.
Forum: USA
Mar 12th 2018, 9:10 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

In your original question you referenced the 25% payment and also used the term lump sum. If you are not talking about the lump sum perhaps you should ask the IRS, I’m sure many of us would be...
Forum: USA
Mar 12th 2018, 7:03 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

If you are a US citizen the lump sum is taxable in the US.

If you live in the US but are not a US citizen it isn't taxable.

There is a document from HMRC which states that position. I have not...
Forum: USA
Feb 26th 2018, 11:28 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

Pensions are reported on line 16a of form 1040
Forum: USA
Jan 2nd 2018, 10:46 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

This is about the only document from the IRS I can find that helps.
https://www.irs.gov/businesses/the-taxation-of-foreign-pension-and-annuity-distributions

General Rule:Treaties confirms that...
Forum: USA
Jan 2nd 2018, 10:27 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

For what the opinion of anybody on the Internet is worth, I think your advisor is correct. The only caveat being a document published by HMRC is not binding on the IRS.
Forum: USA
Jan 2nd 2018, 10:03 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

Are you a UK citizen, US citizen or dual citizen living in the US, because if you have US citizenship my understanding is the lump sum is taxable. If you are just a UK citizen and live in the US, it...
Forum: USA
Aug 12th 2017, 2:21 am
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

I'll send you a PM with what my CPAs take on it was.
Forum: USA
Aug 11th 2017, 6:19 am
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

Public service pension schemes | The Pensions Regulator (http://www.thepensionsregulator.gov.uk/public-service-schemes.aspx) There is a list of people who receive government service pensions at this...
Forum: USA
Aug 10th 2017, 11:02 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

I'm not sure what the question is but the link in post #17 which gives HMRC view that only US citizens pay tax on a lump sum, US residents do not, might be the answer to whatever question is hidden...
Forum: USA
Mar 27th 2017, 2:17 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

I have found this from HMRC dated May 2016. The Lump Sum paragraphs at the bottom of page one seem to agree partly with the tax attorney in that since 2004 US citizens can be taxed on the lump sum....
Forum: USA
Mar 27th 2017, 2:06 am
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

If you think the tax attorney has a good argument file your taxes but claim the U.K. lump sum is exempt from US tax under the treaty. However there is in existence a letter from the IRS, that has...
Forum: USA
Mar 26th 2017, 7:01 pm
Replies: 112
Views: 64,246
Posted By lansbury

Re: UK Pensions related to UK/US Tax Treaty

That is the first time I have heard a tax professional say the 25% taken as a lump sum is not taxable. When my wife and I took our pensions after we moved here, three opinions said it was taxable. In...
Showing results 1 to 21 of 21


 
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