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Level 2
posted Jul 26, 2023 10:27:14 AM

Federal Tax On a UK Pension

I am a US citizen living in the UK (and have done for many years). I do not receive US SS but am shortly to receive a UK state pension. 

Do I need to report this UK state pension income on my US federal return, together with UK taxes deducted, or is it exempt under the US/UK tax treaty? 

I am not a resident but I am a citizen of the United States.

I have asked this question before but am not clear about the answer. Thanks.

2 1 817
1 Replies
Employee Tax Expert
Jul 26, 2023 10:44:28 AM

Hi Alan,

Yes, you will have to report your U.K. pension on your U.S. tax return.  According to Article 17 of the US-UK tax treaty, the country of residence at the time of distribution has the sole right to tax the distribution, however there is a "saving clause" found in Article 1 (General Scope), under which the United States and the U.K. each reserve a right to tax their own citizens.  Due to the saving clause, a U.S. citizen who is a resident of the U.K. and receives a pension payment will be subject to U.S. tax, despite the language in Article 17 of the US-UK tax treaty.  https://home.treasury.gov/system/files/131/Treaty-UK-7-24-2001.pdf