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Topic: Double Tax on Divorce Pension Plans  (Read 1136 times)

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Double Tax on Divorce Pension Plans
« on: August 15, 2005, 08:03:33 PM »
8 years ago I left the U.S. (Pennsylvania) to live and remarry in the UK.  In that time I have never returned to the US and never will, as I am now a British citizen holding a British pasport.  However, after a very messy divorce settlement (in which I was taken to the cleaners because I could not return for court hearings due to INS rules) I did manage to get 50% of a vested pension in Digital Equipment as well as 50% of an IRA from ex's current employer.  My question and concern is this....my ex will shortly be able to take these pension plans if he so chooses and that will free my share of the monies.  As I am no longer a US resident and now a British citizen, how will this effect any taxes due on the pension plans?  Will I be double taxed and, if so, how could I best get through this with the lesser of two evils?  If it means giving up my U.S. passport (which I keep only because my 2 adult children still live in the U.S.), so be it, however the thoughts of having to go to the American Embassy in London makes my blood run cold...been there once, don't want to go back.

 

Any help or guidance would be appreciated.

 

Many thanks in advance


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Re: Double Tax on Divorce Pension Plans
« Reply #1 on: August 15, 2005, 10:23:31 PM »
You are a dual US/UK citizen.  You are subject to US tax law in the US, and UK tax law in the UK.  Under US tax law, the recipient of alimony pays tax.  Under UK tax law, the payor of alimony pays tax.  This dichotomy means that you could suffer US tax on the pension if it is deemed alimony.  Pensions are usually taxed in the country of residence, but there are a number of tax breaks on pensions under UK domestic law and these are further modified by the treaty.  There are numerous other tax breaks for US citizens living abroad, which usually would mean that you will end up paying no tax in the USA.  However, in your case, the complications may result in US tax nonetheless.

You do not mention where you were divorced (in a UK court or a US one).  The location of your divorce decree will determine what legal language was included and whether the pension will be deemed alimony, which will affect how your share of the pension is taxed.  Other issues include whether you take a lump sum or periodic payments.  Under the treaty, lump sums from the USA are taxed in the USA, even when received by a UK resident.

You need to speak with a US tax expert who can handle treaty issues and legal issues of this nature.  That person will need to read your divorce decree, and can then tell you how it will be taxed if (a) you do nothing and (b) if you make a treaty claim.  Once you've had the returns (US and UK) done professionally for one year, you more than likely can copy the work for all future years.

Don't feel you have to give up your US citizenship; get help first.
Liz Z i t z o w, EA
British American Tax


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