pk
Level 15
Level 15

Retirement tax questions

@lc2020 , as you have undoubtedly seen from this thread:

(a) there is general agreement that for federal purposes, existing and in-effect tax treaty  between US and  the  other country ( China in your particular case ) dictates if the US can tax the foreign pension ( based on type of pension and past employment );

(b) NJ statutes do not clearly state whether exclusion eligibility  ( i.e. pension eligible for exclusion  ) extends to "foreign" pension -- as stated by @fanfare  " even the DOR-NJ may not have a clear answer on this ".  IMHO, foreign pensions are unlikely to have been considered  while  creating the statute.

 Thus in the absence of clear guidance, it becomes a question of  (a) seeking guidance from NJ-DOR or (b) just assume that "foreign " pension  is the same as pension from any domestic source and thus eligible for exclusion.

I did go back and look at both NJ-DOR instructions / comments on pension exclusion eligibility and  China Tax treaty language  ( article 17 and 18 ), --- clearly NJ instructions are addressing domestic  pension schemes.  They are silent on foreign sourced  private pension.  So my  above position/ suggestion stands. 

 

pk