My foreign employee pension is a United Kingdom based pension of one of the largest companies in the UK as I have lived in the UK for many years and have worked for them for almost two decades and I am a US and UK citizen. It is a defined contribution scheme of one of the largest pension providers in the UK and is part of a Master Trust run by the pension provider and looked after by a trustee, with my employer contributing more into the scheme than I do each month. I have completed Part VI of Form 8938, but am not sure if I have done so correctly. As AI and the IRS helpline advised me that my pension is an interest in a foreign entity so I filled out line 35, but two accountants said I should have filled out line 36 instead, but they gave me inappropriate answers as to why, as one said they do not know why and the other one said because it is not stock in a foreign entity and I am making too much of the fact that they included the wording "or interest in a foreign entity as well". But I am not sure how I can be making too much of the fact that they included that wording as if the IRS had wanted me to ignore it they would have not put it on the form to begin with. So I should think the main question is if the workplace pension is an interest in a foreign entity or not? Although the pension provider has sent me a link to an HMRC government website which states that the UK and USA have an agreement that UK workplace pension providers do not have to comply with FATCA reporting. So it does not have a GIIN number. But at the same time I do not know if you would call it an issuer or counterparty either. Looking forward to your response. With a logical reason why it is one or the other.
