I am confused if a foreign social security is taxable in the US and if I need to report this on the 1040. Article 18, Paragraph 2 of the US-Italy Tax Treaty states : "Payments made by a Contracting State under provisions of the social security or similar legislation of that State to a resident of the other Contracting State shall be taxable only in the other State." Italy does remove taxes prior to the final distribution. Therefore, are Italian Social Security distributions taxed by the US and reportable on 1040? If so, where is this reported on the 1040?
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Yes, the treaty excerpt you shared is saying that social security is taxed by the state in which the taxpayer is a resident.
To enter this income in TurboTax:
From this IRS article:
Absent application of a particular treaty provision, foreign social security pensions are generally taxed as if they were foreign pensions or foreign annuities. They are not eligible for exclusion from taxable income the way a U.S. social security pension might be unless a tax treaty provides for an exclusion.
Most income tax treaties have special rules for social security payments. Generally, U.S. treaties provide that social security payments are taxable by the country making the payments. However, a foreign social security payment may also be taxable in the United States if you are a U.S. citizen or resident, as a result of the saving clause. And remember, not all treaties have the same provisions for foreign social security pensions, so always refer to the specific treaty at issue.
See here for more information from the US Social Security Administration.
Yes, the treaty excerpt you shared is saying that social security is taxed by the state in which the taxpayer is a resident.
To enter this income in TurboTax:
From this IRS article:
Absent application of a particular treaty provision, foreign social security pensions are generally taxed as if they were foreign pensions or foreign annuities. They are not eligible for exclusion from taxable income the way a U.S. social security pension might be unless a tax treaty provides for an exclusion.
Most income tax treaties have special rules for social security payments. Generally, U.S. treaties provide that social security payments are taxable by the country making the payments. However, a foreign social security payment may also be taxable in the United States if you are a U.S. citizen or resident, as a result of the saving clause. And remember, not all treaties have the same provisions for foreign social security pensions, so always refer to the specific treaty at issue.
See here for more information from the US Social Security Administration.
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