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filing UK pension in US

filing UK pension in US

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Old Apr 8th 2021, 11:27 pm
  #16  
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Default Re: filing UK pension in US

Not in the UK. Just tax in the US.
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Old Apr 8th 2021, 11:33 pm
  #17  
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Default Re: filing UK pension in US

Originally Posted by [email protected]
Not in the UK. Just tax in the US.
Then all you have to do is enter the amount received as other income. Think it’s line 5– there are threads that instruct what to do.
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Old Apr 8th 2021, 11:50 pm
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Default Re: filing UK pension in US

Thanks 'Nutmegger' but I'm looking for lines 2,4,5,6 of the form 8833. Line 5 Asks:Is the taxpayer disclosing a treaty-based return position for which reporting is specifically required pursuant
to Regulations section 301.6114-1(b)? . . . . . . . . . . . . . . . . . . . . . . . Yes No If “Yes,” enter the specific subsection(s) of Regulations section 301.6114-1(b) requiring reporting . . . . ▶
Also include the information requested in line 6.

8833 is asking about Tax Treaties.

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Old Apr 9th 2021, 12:37 am
  #19  
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Default Re: filing UK pension in US

I suggest you read the accompanying instructions to Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b) Form 8833. Exceptions from reporting. Regulations section 301.6114-1(c) waives reporting on a Form 8833 for certain treaty-based return positions.

Positions for which reporting is waived include, but are not limited to, the following. See Regulations section 301.6114-1(c) for other waivers from reporting.

• That a treaty reduces or modifies the taxation of income derived by an individual from dependent personal services, pensions, annuities, social security, and other public pensions, as well as income derived by artists, athletes, students, trainees, or teachers.

See "Pensions" waived from reporting, on Form 8833
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Old Apr 9th 2021, 2:03 am
  #20  
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Default Re: filing UK pension in US

Originally Posted by [email protected]
Thanks 'Nutmegger' but I'm looking for lines 2,4,5,6 of the form 8833. Line 5 Asks:Is the taxpayer disclosing a treaty-based return position for which reporting is specifically required pursuant
to Regulations section 301.6114-1(b)? . . . . . . . . . . . . . . . . . . . . . . . Yes No If “Yes,” enter the specific subsection(s) of Regulations section 301.6114-1(b) requiring reporting . . . . ▶
Also include the information requested in line 6.

8833 is asking about Tax Treaties.
Tax treaties are irrelevant to your situation. You don’t need this form, the pension is just declared as income.
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Old Apr 9th 2021, 7:06 am
  #21  
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Default Re: filing UK pension in US

Originally Posted by [email protected]
Hi,
Sounds like I'm in the same predicament. My wife and I are both from the UK and are now US citizens. Last year my wife started getting her UK government pension. So this year, I'm filing the amount on my taxes and using the same amount but negative on schedule 1 line 8 with "Tax exempt under US-UK tax treaty Article 17" to effectively cancel out the amount as taxable income. I also have to fill in for 8833 and this where I'm coming unstuck. Specifically, I need help in filing in 8833 lines, 2,4,5 & 6. Has anyone filled this form out out before and can they give me some guidance.

Thanks,
Tom
Hi, please contact Site Admin (‘contact us’ button at the bottom of the page) and request a username change. As per Site Rule 11 you cannot use an email address as your username.

Thx.
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Old Apr 9th 2021, 2:06 pm
  #22  
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Default Re: filing UK pension in US

Originally Posted by Nutmegger
Tax treaties are irrelevant to your situation. You don’t need this form, the pension is just declared as income.
I agree.

Even if you do look at the treaty then under section 17 (Pensions and social security ....) it specifically states that if you are receiving SS or the UK OAP then the country you are living in will be the one that taxes it. We are living in the UK so SS and OAP are only taxed in the UK, and when we were living in the USA SS and OAP were taxed only in the USA. Since it is a recurring payment we used the IRA yearly average exchange rate to convert £s to $s.

https://assets.publishing.service.go...-_in_force.pdf

3. Notwithstanding the provisions of paragraph 1 of this Article, payments made by a Contracting State under the provisions of the social security or similar legislation of that State to a resident of the other Contracting State shall be taxable only in that other State.
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