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Tax Filing and FBAR

Tax Filing and FBAR

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Old Mar 4th 2023, 7:20 pm
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Default Tax Filing and FBAR

This past year I started taking my UK Employee Pension. The annual distribution is 6809 pounds. I am not sure I need to submit an FBAR or a Form 8938 as I do not think I reach the thresholds. I did complete the online FBAR filing even though I am not sure I needed to, and I am submitting the substitute 1099R with my taxes. Do I also need to submit an 8938 or any other documents?
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Old Mar 4th 2023, 8:52 pm
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Default Re: Tax Filing and FBAR

So long as there are no funds left in your UK pension, meaning that it is now income only all you have to do is to report it on your tax return. No FBAR, or Form 8938, is required.
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Old Mar 4th 2023, 9:01 pm
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Default Re: Tax Filing and FBAR

Originally Posted by Glasgow Girl
So long as there are no funds left in your UK pension, meaning that it is now income only all you have to do is to report it on your tax return. No FBAR, or Form 8938, is required.
+1
I am in a similar position, report the income on my IRS return and don’t include it on my FBAR.
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Old Mar 5th 2023, 7:23 am
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Default Re: Tax Filing and FBAR

Originally Posted by Glasgow Girl
So long as there are no funds left in your UK pension, meaning that it is now income only all you have to do is to report it on your tax return. No FBAR, or Form 8938, is required.
Originally Posted by durham_lad
+1
I am in a similar position, report the income on my IRS return and don’t include it on my FBAR.
Hmm. I do the 8938 anyway, as I have bank accounts and such in the UK. For my UK final salary pension, I DO report it on the 8938 (really no extra work for me, since I file the 8938 anyway.) But I agree with GG and d_l, I don’t report it on the FBAR.

(this is just from memory, I’m in the UK so don’t have my dusty Manila folders to consult. Returning to US in ten days time, to do taxes and attend a wedding.)
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Old Mar 5th 2023, 1:24 pm
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Default Re: Tax Filing and FBAR

Originally Posted by robin1234
Hmm. I do the 8938 anyway, as I have bank accounts and such in the UK. For my UK final salary pension, I DO report it on the 8938 (really no extra work for me, since I file the 8938 anyway.) But I agree with GG and d_l, I don’t report it on the FBAR.

(this is just from memory, I’m in the UK so don’t have my dusty Manila folders to consult. Returning to US in ten days time, to do taxes and attend a wedding.)
We've never met the threshold for having to file an 8938. Do you simply enter a value of the annual pension payments received for your foreign pension plan? And is this annual income part of your value calculation to decide if you exceed the reporting threshold?

Married taxpayers filing a joint income tax return. (living overseas)

If you are married and you and your spouse file a joint income tax return, you satisfy the reporting threshold only if the total value of your specified foreign financial assets is more than $400,000 on the last day of the tax year or more than $600,000 at any time during the tax year.
If you do not know or have reason to know based on readily accessible information the fair market value of your interest in a foreign estate, foreign pension plan, or foreign deferred compensation plan during the tax year, the value to be included in determining the total value of your specified foreign financial assets during the tax year is the fair market value, determined as of the last day of the tax year, of the currency and other property distributed during the tax year to you.
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Old Mar 5th 2023, 3:23 pm
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Default Re: Tax Filing and FBAR

Originally Posted by durham_lad
We've never met the threshold for having to file an 8938. Do you simply enter a value of the annual pension payments received for your foreign pension plan? And is this annual income part of your value calculation to decide if you exceed the reporting threshold
We file as US residents so I think our threshold is $100,000. I just use the last section of 8938, other assets, and simply identify the pension provider name and address etc., and give the value of the asset as $0. I don’t think 8938 requires you to specify the year’s income, so no, it didn’t count toward the value calculation. We only had to file 8938 last year, since we had to close our main UK bank account and open a new account, since the first bank went out of business so the ££ got counted twice.
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Old Mar 5th 2023, 4:05 pm
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Default Re: Tax Filing and FBAR

Originally Posted by robin1234
We file as US residents so I think our threshold is $100,000. I just use the last section of 8938, other assets, and simply identify the pension provider name and address etc., and give the value of the asset as $0. I don’t think 8938 requires you to specify the year’s income, so no, it didn’t count toward the value calculation. We only had to file 8938 last year, since we had to close our main UK bank account and open a new account, since the first bank went out of business so the ££ got counted twice.
Gotcha, thanks for that.
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Old Mar 5th 2023, 4:54 pm
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Default Re: Tax Filing and FBAR

Thank you everyone for your answers. I feel much better about it now and will in the future just include a substitute 1099R when I fille. I won't worry about the FBAR or the 8938.
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Old Mar 6th 2023, 8:19 pm
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Default Re: Tax Filing and FBAR

I filed my taxes yesterday and found that I cannot e-file with a 1099R because it requires the Payers TIN. So in the end I just added the income under additional income and noted it was a UK Pension.
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Old Mar 6th 2023, 8:28 pm
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Default Re: Tax Filing and FBAR

Originally Posted by mx5mojo
I filed my taxes yesterday and found that I cannot e-file with a 1099R because it requires the Payers TIN. So in the end I just added the income under additional income and noted it was a UK Pension.
I always simply put 99-1234567 for the payer’s TIN. Have done that for my UK pension substitute 1099Rs for 15 years now.
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Old Mar 8th 2023, 12:13 am
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Default Re: Tax Filing and FBAR

Originally Posted by durham_lad
I always simply put 99-1234567 for the payer’s TIN. Have done that for my UK pension substitute 1099Rs for 15 years now.
I might try that next time
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Old Mar 8th 2023, 3:08 pm
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Default Re: Tax Filing and FBAR

I had an UK AVC linked to a Local Government Pension that I found I could not access so had to convert it to a UK SIPP from which I can now draw cash, do I need to declare the SIPP on the FBAR?

Last edited by BrianLR; Mar 8th 2023 at 3:11 pm. Reason: added more details
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Old Mar 8th 2023, 3:13 pm
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Default Re: Tax Filing and FBAR

Originally Posted by BrianLR
I had an UK AVC linked to a Local Government Pension that I found I could not access so had to convert it to a UK SIPP from which I can now draw cash, do I need to declare the SIPP on the FBAR?
That sounds like a “yes” to me.
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Old Mar 8th 2023, 3:55 pm
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Default Re: Tax Filing and FBAR

I have read about the need for a US Citizen owning a UK SIPP to file this as a Trust with IRS forms 3520 & 3520A.
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Old Mar 8th 2023, 4:03 pm
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Default Re: Tax Filing and FBAR

Originally Posted by BrianLR
I have read about the need for a US Citizen owning a UK SIPP to file this as a Trust with IRS forms 3520 & 3520A.
Maybe, but for sure it needs to be listed as a foreign account on the FBAR as well. For those of us who have hit the thresholds, accounts are listed both on an FBAR and an 8938 with our IRS filing. Government departments never seem to share information and the FBAR goes to the Financial Crimes Enforcement agency, not the IRS.
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