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Level 2
March 20, 2021
Question

efiling form 4852 (Substitute W-2) (foreign pension)

  • March 20, 2021
  • 2 replies
  • 0 views

Can my tax returns be e-filed if form 4852 (W-2 substitute) (for foreign pension) is included?  

I am seeing conflicting comments about this.

I would rather pay taxes on my pension than have to paper file with form 8833 again.  I paper copy mailed my 2019 taxes last September and they still have not been processed.  

Thanks!

2 replies

macuser_22
Alumni - Champ
Alumni - Champ
March 20, 2021

@darla1 wrote:

Can my tax returns be e-filed if form 4852 (W-2 substitute) (for foreign pension) is included?  

I am seeing conflicting comments about this.

I would rather pay taxes on my pension than have to paper file with form 8833 again.  I paper copy mailed my 2019 taxes last September and they still have not been processed.  

Thanks!


No but a 4852 substitute 1099-R per the IRS 1040 instructions that say to report it on the 1040 line 5a and 5b.

 

Only a 1099-R can put it there.   In the 1099-R interview select a substitute 1099-R.

 

IRS instructions page 22.

https://www.irs.gov/pub/irs-pdf/i1040gi.pdf

 

Foreign retirement plans.If you were a beneficiary of a foreign retirement plan, you may have to report the undis-tributed income earned in your plan. However, if you were the beneficiary of a Canadian registered retirement plan, see Rev. Proc. 2014-55, 2014-44 I.R.B. 753, available at IRS.gov/irb/2014-44_IRB#RP2014-55, to find out if you can elect to defer tax on the undis-tributed income.Report distributions from foreign pension plans on lines 5a and 5b.:

 

 

 

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Level 5
March 26, 2021

Does the substitute 1099-R selection process result in the generation of the Form 4852?

macuser_22
Alumni - Champ
Alumni - Champ
March 26, 2021

@ipc1 wrote:

Does the substitute 1099-R selection process result in the generation of the Form 4852?


Yes but why would you need a substitute?

 

Is there a problem with the original 1099-R that that the insurer refused to correct?  

 

That is the only reason for substitute and you must include a statement of the error and that the issuer refused to correct  it.

**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**
Level 14
March 29, 2021

Yes you can.  Here are the steps:

 

In TurboTax online,

  • Sign in to your account and select Pick up where you left off
  • At the right upper corner, type in 1099r, then Enter
  • Select Jump to 1099r
  • Follow prompts
  • Next screen, Choose your bank or brokerage, select I'll type it in myself
  • On the screen Tell Us Which 1099-R You Have, check the box I need to prepare a substitute 1099-R and follow the prompts.  

 

As to the Federal ID, try entering nine 9s.  If electronic errors occur due to 1099-R data entry, enter the pension under Miscellaneous income, see instructions below. As long as the IRS has the pension reported and included in total income, it is not problematic. 

  • To your left, select Federal
  • From the top, select Wages and Income
  • Scroll down to last section -Less Common Income -select Miscellaneous Income, 1099-A, 1099-CStart 
  • Next screen, scroll down to Other Reportable IncomeStart
  • Follow prompts

 

If it is not taxable to you, to enter the exemption, follow here:

  • report your full amount as instructed above. Then enter the treaty exempt amount as a negative amount (e.g. -5000) under Other Reportable Income as instructed above.  
  • Download and fill in a Form 8833 from IRS to claim an exception.  https://www.irs.gov/pub/irs-pdf/f8833.pdf

 

International tax treaty-related issues are out of scope for advice.  You are suggested to consult a specialized professional for verification.  This pension amount will show on line 5 of your Form 1040.  If it's taxable, it will show on line 5b.  If it's not taxable, it will show on line 5a for reporting purposes. 

 

@darla1

 

darla1Author
Level 2
March 29, 2021

But then we are right back to where we started (and my original question): because if you include form 8833 the returns must be paper-filed with TurboTax.  Is there any way to e-file a return which includes a foreign pension?  Sorry to keep on about this but paper filing was a disaster for me last year.  My 2019 return has still not been processed.  

Level 14
April 5, 2021

macuser_22,

What is the meaning of form e-file unsupported?

Was it supported in the past?


In the past, 99-0999999 was allowed for e-file, but not anymore.  

 

In order to e-file, you have an option to enter under "Other Reportable Income".  Here are the steps:

 

In TurboTax online,

  • Sign into your account, select Pick up where you left off
  • To the right upper corner, in the search box, type in "other reportable income" and Enter
  • Select Jump to other reportable income
  • Next screen, Other Wages Received, select No to continue
  • Next screen, scroll down all the way to the bottom, under Other reportable income, select Start
  • Next screen, Any Other Taxable Income? select Yes to continue

This amount will show on line 8 of Schedule 1 and Form 1040.  Although it was not reported on a 1099-R related form, as long as it is reported as Other Income, it is not problematic to the IRS.  Tax treaty-related matters are out of scope for our advice.  Generally, foreign pension is taxable to the US. You would not need to file the Form 8833 Treaty-Based Return Position Disclosure.  However, you would need to consult another professional who is specialized in it for verification.  Some other foreign pension might not be taxable if it is covered under any tax treaties between the foreign country and the United States.  For more information, see http://www.irs.gov/Businesses/The-Taxation-of-Foreign-Pension-and-Annuity-Distributions

 

@ipc1