I was born in the UK and have been permanently
resident in the US and a US citizen for 20+ years. I now get a UK pension for
the years I worked in the UK as a UK citizen before coming to the US. My
questions are, for taxable income purposes, (a) can I deduct the
contributions I paid into my UK pension from the taxable income of this
pension and (b) can I also deduct the contributions my employer paid into
my UK pension fund from the taxable income of this pension . Both
the above contributions were made while I was in the UK (and a UK citizen).
It depends-
According to the IRS, your contributions and your employer's contributions to a foreign pension are not part of your cost if the contribution was based on compensation for services performed outside the United States while you were a nonresident alien and not subject to income tax under the laws of the United States or any foreign country (but only if the contribution would have been taxable if paid as cash compensation when the services were performed).
Therefore if the UK pension contribution were made tax free while a UK citizen, then you will not be able to claim any deductions in the US for these UK pension contributions.
Please click this link for more information on IRS - Foreign Pension and Annuity Distributions
If this is a UK governmental pension, you would be able to claim a treat exemption on From 8833 (statement to claim a treaty exemption) which you would attach to your mailed in tax return. You would still include the amount on your return under the social security section but you would also include a negative amount for this UK governmental pension on line 21 and the description should read "Tax exempt under US-UK tax treaty Article 17")
To enter the treaty exemption amount in TurboTax, log into your tax return (for TurboTax Online sign-in, click Here and click on "Take me to my return") type "other reportable income" in the search bar then select "jump to other reportable income". TurboTax will guide you in entering this information.
Thanks. So if these contributions were made with after tax payments i.e. I had already been taxed in the UK on those contributions, then I could them as a deduction from the income, correct ?? ALso, as this is a UK Government Pension, do I report the income as Social Security income (using SSA-1099) or as Pension income
Since this in a UK government pension, you will be able to claim a treaty exemption for the entire amount. You will report the full amount of the pension under the social security income section and then report the same amount (as a negative amount) as other income on line 21 of your 1040. You will also need to attach a form 8843 (which is not supported by TurboTax) to a file by mail copy of your return.
I have updated my answer to include this additional information.
To clarify: I am permanently resident in the US and now a US citizen. I can report the UK government Pension as Social Security (vs pension income). I do not pay taxes on the UK pension in the UK (since I am permanently resident in the US). Can I still report the negative amount on line 21 ??
Yes, but only to the extent of the UK pension amount that is included as part of your taxable income.
Thanks: BTW did you mean form 8833 (above you noted 8843)
Yes - Thank you 🙂 I have updated my post to include the correct link
I am US citizen and Receive UK pension and trying to find how the UK and USA treaty helps to reduce taxes on Pension I Receive form UK. I paid into Voluntary UK pension while I was in US and these contributions were made with funds that already have been taxed in US
Previous comments were very helpful but if I add the pension from UK to the social security I receive in US
I am taxes at 85% on Social security the UK pension will also be effected by 85% rate, but if I go to line 21 on form 1040 as mentioned and claim 100% of my pension as (-) now I have calmed total of 115% of my UK pension
Please clarify.
Also I noted that on new 1040 form line 21 is for " Refund you want to apply to next year estimated taxes" Is there a different line where we claim the refund of UK pension
Since we need to complete form 8833 does any one have UK treaty codes for form 8833
line 1 b, Line 2, Line 5 and some explanation for line 6
No there is not a place to request your UK Pension, But I did find the US/UK Treaty.
US/UK Treaty . Here is all that I found regarding pensions.
ARTICLE 18 Pensions
(1) Subject to the provisions of paragraph (2) of Article 19 (Government Service), any pension in consideration of past employment and an annuity paid to an individual who is resident of a Contracting State shall be taxed only in that State.
ARTICLE 19 Government Service
(2) (a) Any pension paid by a Contracting State or a political subdivision or a local authority thereof to any individual in respect of services rendered to that State or subdivision or local authority thereof shall be taxable only in that State.
(b) However, such pension shall be taxable only in the other Contracting State if the recipient is a national of and a resident of that State
I receive a UK governmental pension of less than $10,000/yr so don’t need to file Form 8833. Am I still required to report the amount as income and then include the negative amount on line 21 or should my tax return just ignore the UK pension completely? If I can’t ignore it completely can the line 21 entry only be done by hard copy or is there a way to do it in turbotax?
Yes there is a way to report this in Turbo Tax. Please refer to this Turbo Tax link for the procedure for reporting this in Turbo Tax. please follow these steps as outlined in the article.
Makntak,
While I am also trying to figure this out, I have a question for you. I started receiving UK State pension in 2020. Did you receive a tax document from the UK that you will use on your USA tax return? I haven't received anything and have submitted a question to them but response was they would get back to me within 4 weeks. Any help on what you received from UK would be helpful. thanks.
Here is a link to the tax treaties. If you do receive a form, you will need to convert it to US dollars. If not, simply enter what you can show as correct, then minus it back out. The advice in this thread is good. I would add that form 8833 will also need to be filed with your state, if you have state tax.
AmyC,
Thank you for the response. I am familiar with the treaty, what i am trying to determine if
1. What document the UK will send me so I know how much pension I need to report?
2. When do they issue the document?
I would be surprised if I just add up the deposits in my bank account for 2020 to find the amount as I am assuming I will need to provide more information when I report my UK pension.
Thanks,
I do not understand what this comment in the subject means.
I am reading everywhere that my UK government pension IS taxed in the US. Last year I put it in as income and took off 25% which was the allowance given in UK. I did this because of what I read as no one could answer this simple question not even the IRS who told me to employ a tax expert. I need more help from Turbo tax on this issue please.
Now I am reading put it in as income then take it out? That would mean no taxes. This pension in UK would be taxable if I was a UK resident so why would it be non taxable here?
The comment "Yes, but only to the extent of the UK pension amount that. is included as part of your taxable income???." from a previous quote means whta?
Thanks for any help as here I am again another year and still clueless haha
Click this link for details on Reporting Foreign Pension Income.
As for what documents the paying country would send you, we would have no way to determine that.
You could reach out to the Pension Payer or the Tax Authorities of your country.
HI haven't declared my Government social security pension on my 1040 tax return, the pension is below the taxable amount in uk do I still have to declare the pension, or just ignore ???
To clarify, where is the pension coming from (UK or US), are you a US citizen/resident alien, where do you live and what other income do you have?
I am a US resident and my question is about UK government pension. It seems like there are contradictory messages on here.
1.If the pension us under the personal allowances in UK someone said they did not put it on the 1040 - mine is under.
OR do you put it on then take it off on line 21 as someone else said?
Also one expert is talking about looking up the UK?USA tax agreement which is very little help as I read the article 18 on pensions.
2. Last year I just paid tax on 75% as I read somewhere you could write off 25% but I think that is a lump sum thing.
3. On another post someone said put the whole amount on then take off the appropriate amount in line 21.
what is the ?appropriate ? amount #1 #2 or #3 above.
I just want to get these taxes done.......... does anyone really know?
I am in the same boat..... Ido not think Turbo tax "experts" really know.
If you are a U.S. resident, then you must report your foreign pension as income on your U.S. tax return.
If this is a UK governmental pension, you would be able to claim a treat exemption on Form 8833 (statement to claim a treaty exemption) which you would attach to your mailed in tax return.
With respect to government pensions/public pensions/annuities (typically covered under the Government Service article) or social security payments, generally the payments are only taxable by the country in which the government is making the payments.
From @DS30 : Please click this link for more information on IRS - Foreign Pension and Annuity Distributions
If this is a UK governmental pension, you would be able to claim a treat exemption on Form 8833 (statement to claim a treaty exemption) which you would attach to your mailed in tax return.
You would still include the amount on your return under the social security section (as if a Form SSA-1099but you would also include a negative amount for this UK governmental pension on line 8 and the description should read "Tax exempt under US-UK tax treaty Article 17") (This is your option #3).
To enter the treaty exemption amount in TurboTax, log into your tax return (for TurboTax Online sign-in, click Here and click on "Take me to my return") type "other reportable income" in the search bar then select "jump to other reportable income". TurboTax will guide you in entering this information.
Ok Todd,
So we are gettting somewhere. I know how to add the UK government pension to my social security but how do I put in the credit on line 8??
"would also include a negative amount for this UK governmental pension on line 8 and the description should read "Tax exempt under US-UK tax treaty Article 17") "
I opened the FORMS and chose 1040 and line 8 says. OTHER INCOME FROM SCHEDULE 1 LINE 9 (note it says INCOME. Am I supposed to manually change the figures in this column for the negative amount of my pension and there is no where to type in the Tax exempt statement. - Or am I in the wrong place for line 8???
CRZ TCHR.