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Topic: Help please - can anyone recommend what type of financial professional we need?  (Read 1811 times)

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My UK Citizen husband is about to receive his L1 Visa and then we'll be returning to the US after 15 years here.

We aren't sure where our money should be - I'm worried about double taxation, particularly on his UK pension. We'd love to speak to someone but we're not sure if we need:

- a CPA (and if so, US or UK based?)
- a Tax Planner
- a Financial Advisor
- Someone else, like a specialized UK/US accountant?

Thanks in advance for any advice, and if you have a specific recommendation of someone you've worked with that has been great that would be wonderful too!




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Just curious why a L1 visa and not IR-1. You say you’re returning stateside after 15 years in the UK?


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For a US resident UK pensions (other than Government pensions) and state pension will be taxed only in the US. You file a US Individual DT 2002 to claim treaty tax relief in the UK.

https://assets.publishing.service.gov.uk/media/5de8de99ed915d09d0f7fded/Form_US-individual_2002.pdf

Other things to watch out for are ownership of any UK mutual funds in general accounts or ISAs as this will be taxed under PFIC rules by the IRS.


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For a US resident UK pensions (other than Government pensions) and state pension will be taxed only in the US. You file a US Individual DT 2002 to claim treaty tax relief in the UK.

https://assets.publishing.service.gov.uk/media/5de8de99ed915d09d0f7fded/Form_US-individual_2002.pdf

Other things to watch out for are ownership of any UK mutual funds in general accounts or ISAs as this will be taxed under PFIC rules by the IRS.

I can confirm that while I was living in the USA and receiving a UK pension that I filed form 2002 and was assigned a tax code of NT 0 and did not pay HMRC tax on my UK pensions .
Dual USC/UKC living in the UK since May 2016


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Does DT 2002 need to be filed annually with HMRC? Could you file an R43 instead if your uk sourced income was below the personal allowance?


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Does DT 2002 need to be filed annually with HMRC? Could you file an R43 instead if your uk sourced income was below the personal allowance?

I only filed DT 2002 once and have never filed form R43. What happened was as soon I received my first UK pension payment then I saw that tax was withheld and immediately afterwards HMRC wrote a letter to me in Texas about declaring other UK income. I then filed DT 2002 which took a couple of months to process but on my 3rd pension payment the taxes withheld from the previous 2 months were refunded and my tax code set to NT 0.  That was back in 2007 and I never had to file it again. We moved back to England in 2016 and became UK tax resident in 2016 so for 8 or 9 years HMRC never needed confirmation that we were still living in the USA and paying taxes to the IRS.
Dual USC/UKC living in the UK since May 2016


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