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Level 2
August 4, 2025
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should I report my german pension received from the drv on form 1099 or 1099-R? The ai gives both alternatives.

  • August 4, 2025
  • 9 replies
  • 100 views
1. Question to AI: “Is DRV pension treated like social security?” Answer: “German Social Security benefits paid to US residents are generally treated as if they were paid under the US Social Security system. This means that the income is not considered a Form 1099-R distribution (for pensions) but rather as Social Security benefits reported on an SSA-1099.” 2. Question to AI: “How is DRV pension reported in federal tax return on turbo tax? Answer: “Reporting pension income in TurboTax, especially a foreign pension like the DRV (Deutsche Rentenversicherung) pension from Germany, generally involves using the information from your Form 1099-R or entering the information manually if you do not have a 1099-R”
    Best answer by pk_

    @Lukas1994 having gone through this thread and appreciating the responses of my colleagues @rjs  and @Opus 17 ,  I would like to include here the actual /pertinent treaty article  paragraph and the technical explanation thereof  ( I have added the contracting state applicable in this situation -- underlined italic )

    Article 19  of treaty

     Paragraph 2              Social security benefits paid under the social security legislation of a Contracting State     ( Germany ) and other public pensions (not dealt with in paragraph 1)  paid by a Contracting State    (Germany ) to a resident of the other Contracting State  ( USA ) shall he taxable only in that other Contracting State ( USA ). In applying the preceding sentence, that other Contracting State  (USA) shall treat such benefit or pension as though it were a social security benefit paid under the social security legislation of that other Contracting State (USA).

    Technical Expl.  Article 19

    Paragraph 2 deals with the taxation of social security benefits and similar public pensions. This includes the benefits paid under the social security legislation of both Contracting States and certain U.S. Railroad Retirement benefits. It does not include pensions for government service, which are dealt within paragraph 1. Under paragraph 2, such benefits paid by a Contracting State to a resident of the other Contracting State are taxable only in the State of residence of the recipient. In applying its tax, the State of residence will treat the benefit as though it were a benefit paid to a resident under its own social security system.

     

    Thus the bottom line of all this is that you cannot use 1099-R mechanism for recognizing German Social Security equivalent -- must include this amount as additional US Social Security distribution ( i.e. it must be included for SSA taxability computation --- line 5a of form 1040 ).

    I am assuming here that you are a US person( citizen / GreenCard ) and that your tax-home is US.

     

    Is there more I can do for you ?

    9 replies

    rjs
    Level 15
    Level 15
    August 4, 2025

    AI is not a reliable source. All AI systems sometimes give false information. You have seen that you got conflicting answers from AI.


    Enter your German old-age pension in TurboTax as if it was reported in box 5 of a Form SSA-1099, just like U.S. Social Security. You must convert the amount to U.S. dollars.

     

    Level 15
    August 4, 2025

    We need to consult expert @pk12_2

     

    In general, if there is a tax treaty with the other country, there are two ways to handle government social benefit payments that are like Social Security.

     

    1. Follow the treaty.  This generally means that you must report the benefit and pay tax to the home country following the home country's tax laws, and leave the benefit off your US return completely.

     

    2. Ignore the treaty.  Report the benefit on your US tax return as "other income" and ignore any requirements you have in the home country.

     

    So it depends on how the benefit would be taxed if you filed a return in Germany vs how much it is taxed in the US.  And, if the tax treaty with Germany follows these general rules or different rules.  You should discuss this with an expert. 

    pk_Level 15Answer
    Level 15
    August 4, 2025

    @Lukas1994 having gone through this thread and appreciating the responses of my colleagues @rjs  and @Opus 17 ,  I would like to include here the actual /pertinent treaty article  paragraph and the technical explanation thereof  ( I have added the contracting state applicable in this situation -- underlined italic )

    Article 19  of treaty

     Paragraph 2              Social security benefits paid under the social security legislation of a Contracting State     ( Germany ) and other public pensions (not dealt with in paragraph 1)  paid by a Contracting State    (Germany ) to a resident of the other Contracting State  ( USA ) shall he taxable only in that other Contracting State ( USA ). In applying the preceding sentence, that other Contracting State  (USA) shall treat such benefit or pension as though it were a social security benefit paid under the social security legislation of that other Contracting State (USA).

    Technical Expl.  Article 19

    Paragraph 2 deals with the taxation of social security benefits and similar public pensions. This includes the benefits paid under the social security legislation of both Contracting States and certain U.S. Railroad Retirement benefits. It does not include pensions for government service, which are dealt within paragraph 1. Under paragraph 2, such benefits paid by a Contracting State to a resident of the other Contracting State are taxable only in the State of residence of the recipient. In applying its tax, the State of residence will treat the benefit as though it were a benefit paid to a resident under its own social security system.

     

    Thus the bottom line of all this is that you cannot use 1099-R mechanism for recognizing German Social Security equivalent -- must include this amount as additional US Social Security distribution ( i.e. it must be included for SSA taxability computation --- line 5a of form 1040 ).

    I am assuming here that you are a US person( citizen / GreenCard ) and that your tax-home is US.

     

    Is there more I can do for you ?

    rjs
    Level 15
    Level 15
    August 4, 2025

    @Lukas1994 

     

    @pk12_2 meant to say that the German Social Security must be included in line 6a of Form 1040, not line 5a. Line 6a is for Social Security benefits. You get it on line 6a by including it (converted to U.S. dollars) in your entry in box 5 of Form SSA-1099.

     

    Level 15
    August 4, 2025

    @rjs  thank you fort catching that error -- it is the SSA line  box 6a and NOT 5a