International tax agreements

[juham2013]

Filed taxes many weeks ago,  but I have an issue.

The tax authority of my native country taxed a portion of my employment based retirement benefit earned in that country.   The only tax authority that can tax said benefit is the IRS so, effectively, I got taxed twice on the same retirement benefit!   There is a Tax Agreement between the U.S.A and my native country whose purpose is to avoid this sort of double-taxation.   

The tax authority in my native country has requested that I obtain a document from the IRS that clearly states that I am liable to taxes here in the U.S.A since the time that I have lived and paid taxes here.  That document secured, I am to send it to the tax authority of my native country.   That will then insure that I am taxed only once,  by the IRS.

For the life of me, I am not able to connect with anyone with the IRS (trying to actually speak to a "live" person) to obtain a document alluded to above.   Also, I wrote a letter almost 2 months ago to the IRS (mailing to an address that is to be used for tax payers of my State, that is Texas) to no avail!

Is there either an address for the IRS (International questions) or a more "proper" address that I could use on this?

Awaiting helpful information!

JJ

[pk]

@juham2013 , can you please tell me a little bit more about the situation--

(a) You a US person ( citizen/GreenCard), is getting a work based pension from which country ?  

(b) Is this a govt. pension ( i.e. from past govt employment )  or a private pension ?  Or is this from public sources  ( like Social Security equivalent )?

(c) Are you also receiving Social Security in the US ?

(d) Is your tax home in the US or are you abroad ?

I am asking these questions because before I can answer , I need to look at the tax treaty.  Please help 

I will circle back once I hear from you --yes?

[juham2013]

I don't want to divulge too much as I no website is safe and is game for hackers to get their ears perked up.

US citizen, living in the U.S.  Portion of the pension is liable for taxes only in my native country but the remaining portion (having worked in a governmental position) is taxable by the IRS only.  And, yes, I do receive social security here in the U.S.,  but again, that has nothing to do with what I need and won't change a thing.

I don't think my post calls for any more details (those I only disclose to the IRS, not someone here) as all I want is that the IRS issues or confirms the years in which I have paid taxes here in the U.S.   That's all my native country requires for them to set things right.  They even emailed a simple form that they would want the IRS to fill out.  Perhaps the IRS has their own Form which will likely be just as well.

JJ

[pk]

@juham2013 , I humbly disagree -- I cannot offer any solutions without understanding the whole scenario , including the  treaty you refer to.  My apologies  for my inability.

As I see it , you have a copy of your filed/accepted return and/or  get a transcript from the IRS --- for  the purpose quoted..

[Opus 17]

In general, and if there is a tax treaty with your home country:

Most tax treaties say that your social retirement benefit (equivalent to US social security) should be taxed in your home country according to your home country's rules, and only your other income is taxed in the US.  This is the strategy of "relying on the treaty" as we might say.

Or, you can ignore the treaty, not pay tax in your home country.  In this case, the income is fully taxable in the US because, as a US resident, all your world-wide income is usually taxable in the US.  

However, to know which exact rules apply to you, we need to know the country, among other details.  @pk is the absolute expert on this forum for this topic area.

If you paid tax in the US on all your foreign retirement income, instead of only on the portion that was not taxed in the foreign country, that is your mistake in preparing your returns.  There is a way to declare your foreign income as not taxable in the US due to the treaty.  The typical remedy would be to file amended US tax returns to adjust the amount of taxable income you report, so you are only taxed on the correct portion.  If the amended return results in lower tax, the difference would be refunded back to you.  You can amend your 2022, 2023 and 2024 tax returns.  It it too late to file an amended return for refund for tax years 2021 and earlier.

If you just want proof of what you reported to the IRS, so you can show that to your home country (that you paid tax on all your retirement, for example) you can get transcripts of your returns going back 10 years.  

https://www.irs.gov/individuals/get-transcript