Hi,
I am trying to work out if I can claim a foreign tax credit on tax withheld in the UK when I cashed out my UK pension. I understand that ultimately I can probably claim all the UK tax back under double treaty provisions, which is why I am trying to interpret the sentence below on the IRS website. I read the second sentence to mean, if I am hypothetically able to claw all my UK tax back through the double treaty provision then I can NOT claim an foreign tax credit on the tax withheld, even if I have yet to make the claim to the UK tax authorities under the provision. Am I reading this sentence correctly?
EXCERPT FORM IRS SITE (and link to page below):
Additionally, you may be able to claim a Foreign Tax Credit on your U.S. federal individual income tax return for any foreign income tax withheld from your foreign pension or annuity. Be aware that a Foreign Tax Credit generally would not be permitted for tax withheld that is in excess of the liability under foreign law, taking into consideration applicable income tax treaties.
https://www.irs.gov/businesses/the-taxation-of-foreign-pension-and-annuity-distributions
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there is a tax treaty between the US and UK which likely makes your pension only taxable in one country. unless someone can provide further guidance seek professional help.
here is the treaty. pensions are discussed in Articles 17 and 18.
https://home.treasury.gov/system/files/131/Treaty-UK-7-24-2001.pdf
if it is taxable say only in the UK there will be no FTC available for US purposes.
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