IRS and immigrating to US
#1
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Joined: Feb 2011
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IRS and immigrating to US
I'm an American citizen. My husband (a Brit who has never lived in the US) and I are considering retiring to the States at the end of this year, beginning of next. I've always filed US tax returns for my income though I haven't been liable for US taxes as my income was below the limit for expats living abroad and paying income tax in their country of residence. After retirement, we'll be living off my husband's pension fund. I'm assuming he won't have a problem getting a green card but I'm worried that the IRS will try to tax the pension fund he accumulated abroad (and already will have paid taxes on abroad). Anybody have any experience with this? Thanks!
#2
Re: IRS and immigrating to US
I'm an American citizen. My husband (a Brit who has never lived in the US) and I are considering retiring to the States at the end of this year, beginning of next. I've always filed US tax returns for my income though I haven't been liable for US taxes as my income was below the limit for expats living abroad and paying income tax in their country of residence. After retirement, we'll be living off my husband's pension fund. I'm assuming he won't have a problem getting a green card but I'm worried that the IRS will try to tax the pension fund he accumulated abroad (and already will have paid taxes on abroad). Anybody have any experience with this? Thanks!
#3
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Joined: Nov 2007
Location: South Staffs UK & Gulf Coast Florida
Posts: 137
Re: IRS and immigrating to US
If the pension is in 'draw-down' then this is more complicated. Typically, it will be classed as a foreign trust and therefore he will need to report all income which should be able to be paid gross (see above). As for the fund itself then if it is invested in any kind of unit trusts/collectives then these will fall almost certainly fall foul of the US PFIC rule and be subject to potentially onerous taxes. If it is invested in stocks and gilts for example then any tax paid on interest or dividend can be used as a tax credit under the treaty.
If unit trusts etc then he will need to consider a US tax compliant portfolio, specifically with funds that can report annual income and gains in a format that is acceptable to the IRS. In general most UK collectives do not report in such a fashion which is why they are a red flag in pensions or ISAs.
#4
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Re: IRS and immigrating to US
Hi, Thanks for the replies. I'd better explain - we don't live in the UK, we live on the Continent. My husband will have a pension (in a lump sum) + cash from the sale of our home - prior to moving to the States. As he will pay tax locally here (where the money was earned), if we move to the States will he be liable for paying tax on wealth accumulated abroad (prior to the move) by a non-US citizen (who has never lived in the States - his case)? Thanks so much!
#5
Re: IRS and immigrating to US
Hi, Thanks for the replies. I'd better explain - we don't live in the UK, we live on the Continent. My husband will have a pension (in a lump sum) + cash from the sale of our home - prior to moving to the States. As he will pay tax locally here (where the money was earned), if we move to the States will he be liable for paying tax on wealth accumulated abroad (prior to the move) by a non-US citizen (who has never lived in the States - his case)? Thanks so much!
Therefore if he has a lump sum distribution, do that during the year before the move to the US. The sale of your home will likely not make any difference when it is sold as long as it was your primary residence for 2 of the previous 5 years.
Last edited by Michael; Mar 13th 2011 at 9:24 pm.
#6
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Joined: Feb 2011
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Re: IRS and immigrating to US
Thanks so much for the information!