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Thanks, Dave. But just to be completely clear, do you believe that the UK state pension, specifically, is excluded from needing to be reported on form 8833 due to the "pensions" exception you highlighted above, or is there still some ambiguity? Nick
it depends. Please read this Turbo Tax link written by LinaJ2020 that specifically addresses this issue. "Tax treaty-related matters are out of scope for our advice. Generally, the UK pension is taxable to the US. You would not file the Form 8833. However, you may need to consult another professional who is specialized in it for verification." I based my opinion on the language written in the IRS publication referenced in my original post.
If the total UK Government pension is under $10,000 do you even have to do the treaty add/minus thing?
Yes, the amount of income is not the issue. It is reporting the income that is required. Once the income is reported, you want to make any deductions allowed. You can read more here which states, "You are subject to tax on worldwide income from all sources and must report all taxable income and pay taxes according to the Internal Revenue Code."
from https://www.irs.gov/pub/irs-pdf/p901.pdf page 51
I am not a tax expert, but this to me reads that UK state pensions are not exempt from US tax if you are a US citizen.
United Kingdom
Pensions paid by, or funds created by, the United Kingdom or its political subdivisions or local authorities for
services performed for the United Kingdom are exempt from U.S. income tax unless the recipient is both a resident and a citizen of the United States. These exemptions do not apply to income or pensions for services performed in connection with a business carried on by the United Kingdom or its political subdivisions or local authorities.
Here's ChatGPT's simplification of Article 17 of the US /UK tax treaty
Pensions, Social Security, Annuities, Alimony, and Child Support
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