3685986
My wife is dual citizen of the US and Colombia. She just received a pension bonus of about $25,000 covering the work she did in Colombia for various employers. She has been living the US for over 20 years. Is my understanding correct that we are potentially liable to pay US Taxes on this pension bonus, but that it would be offset by the taxes she pays in Colombia? When do we need to pay the US taxes on this pension bonus, the year she actually received it or the year she pays taxes to Colombia so we can see what US taxes we need to pay?
You'll need to sign in or create an account to connect with an expert.
(a) you recognize the income in the year that you received the income
(b) for US tax purposes, only US status is recognized i.e. US Person ( citizen/GreenCard/Resident for Tax Purposes ) -- taxed on world income OR Non-Resident Alien -- taxed only on US sourced income.
(c) Because there is no "in-effect" tax treaty between US and Colombia, there is no "double taxation" protection -- implying taxes paid to Colombia on Colombia sourced income is not eligible for "foreign tax credit".
(d) You could report this "pension" lump sum payment as a 1099-R equivalent, especially if she had contributed to the fund i.e. reduce the taxable income by the amount she had paid in during her period of participation.
Is there more I can do for you ?
Thank you very much for your information. I have a few more follow up questions:
1, I suppose I need to obtain the statement showing the payment of this bonus and then file an estimated tax payment. How would that work specifically, especially as this wouldn't be reporting more or less regular income but a one-off bonus?
2. Since of course the exchange rate varies all the time which one would I use? Would it be the exchange rate in effect on the date of the payment?
3. From my research I thought that I would be able to get some sort of break on the taxes paid in Colombia on this bonus. Would I at least get a deduction if not a credit? Thank about the information about the contributions, at least I can deduct those.
Thanks again for your help on this.
@Arneoker , my answers in Italics:
1, I suppose I need to obtain the statement showing the payment of this bonus and then file an estimated tax payment. How would that work specifically, especially as this wouldn't be reporting more or less regular income but a one-off bonus?
Because this is "pension", you report it as if a 1099-R was received -- use code 7 for normal distribution, -see instructions for 1099-R here -- 2025 Instructions for Forms 1099-R and 5498.
2. Since of course the exchange rate varies all the time which one would I use? Would it be the exchange rate in effect on the date of the payment?
Ideally you should use the exchange rate in effect at the time of each transaction. However, an annual average published by US treasury or any other published source can also suffice. But be consistent i.e. use the same source for all the transaction(s)
3. From my research I thought that I would be able to get some sort of break on the taxes paid in Colombia on this bonus. Would I at least get a deduction if not a credit?
Please see IRC section 901, 904 for whom and what type of foreign taxes are eligible for foreign tax credit. Two items to note here ---(a) the statute uses "citizen" through out as to whom is eligible. However, and in general US citizen for tax purposes is undisguisable from "US person" used in other statutes --US person implying US citizen, GreenCard holders and Resident for Tax Purposes. Thus the position that for foreign credit to be available for taxes paid to a country, that country must provide a substantially similar tax relief to a US person if he/she were a resident of that country; (b) the statute does not clearly stipulate that there must be a double taxation treaty in effect with the other country but the language used between the different sections of 901, it cannot lead to any other interpretation.
Note also that there is no such limitation ( tax treaty in effect requirement ) for deduction of foreign taxes paid as "State And Local Taxes " subject to SALT limitation , if and only if itemized deduction is used.
Is there more I can do for you ?
My followup question is this:
Since we are talking about a likely tax liability for this of over $4,000 I'm thinking that I should make the payment this year and not wait until next year to file my 2025 tax return. What process should I follow to do that, other than of course completing the 1099R as you described. Can I use Turbotax for this even though I've already used it to file my 2024 tax return?
Thank you so much. I may have more later.
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
altheaf
New Member
gilbsguo11
Level 1
surfingfire408
New Member
meres
Level 1
Mingo08
Level 2