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Topic: Do you have to pay taxes on money reported on FBAR? Or just declare it?  (Read 1328 times)

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I've not had to file taxes from the UK until this year as in the beginning I didn't work enough to be required to file.  Then I was a carer for my MIL and on a very limited income.  This year I have started back to work.  I will be filing taxes this year but have no need to file FBAR as I have been well below $10,000 in my bank account. 
Next year however, due to my partners lump sum retirement benefit going into my account, I will have to file FBAR.  It's just a matter of declaring it isn't it?  Please tell me I won't have to pay taxes on it.  ???
Even though I have access to it, it's not my money.  His name is not on my account, if that makes a difference.
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Re: Do you have to pay taxes on money reported on FBAR? Or just declare it?
« Reply #1 on: February 24, 2013, 01:22:01 PM »
It's just a declaration, but if you earn interest on it you have to declare that on Schedule B in your 1040. You won't have to pay anything unless it's over a certain amount of interest, though I can't remember what that amount is.
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Re: Do you have to pay taxes on money reported on FBAR? Or just declare it?
« Reply #2 on: February 24, 2013, 03:04:08 PM »
If it is over $100,000 it needs to be also be declared on Form 3520 and if your accounts total more than $200,000 also on Form 8938.

These are all simply infornational returns, not income tax returns.


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Re: Do you have to pay taxes on money reported on FBAR? Or just declare it?
« Reply #3 on: February 24, 2013, 04:29:54 PM »
If it is over $100,000 it needs to be also be declared on Form 3520 and if your accounts total more than $200,000 also on Form 8938.

These are all simply infornational returns, not income tax returns.

Note also that if the sum in your account exceeds $10,000 at any point during the year you have to file form TD F-90, regardless of any other FBAR forms.
« Last Edit: February 24, 2013, 04:31:31 PM by durhamlad »
Dual USC/UKC living in the UK since May 2016


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Re: Do you have to pay taxes on money reported on FBAR? Or just declare it?
« Reply #4 on: February 24, 2013, 07:03:36 PM »
Note also that if the sum in your account exceeds $10,000 at any point during the year you have to file form TD F-90, regardless of any other FBAR forms.

USC living in UK? You have to declare whether you have signatory authority over any foreign account on Sched B Part III of your 1040. Then you add them all up, if you have more than $10,000 total at any time in the year you get to detail every account on the FBAR, this includes any of your spouse's money if you had signatory authority on his account.

Your spouse's UK tax free lump sum pension disbursement is fully taxable by the IRS if they consider you are in any way attached to it, especially if you put it in to your account, to them it is ordinary income attributed to you irrespective of where it came from, UK rules notwithstanding. Did your spouse ever live in the USA with you, if so under what authority and for how long? What is your current USA filing status?

You have a lot of reading to do, unless you have the funds to pay a CPA conversant with USA/UK taxes.  Making a mistake can open you up to some draconian penalties and fines.  Please educate yourself before you do the wrong thing. There are several ex-pat sites where these issues are a constant item of discussion.


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Re: Do you have to pay taxes on money reported on FBAR? Or just declare it?
« Reply #5 on: February 24, 2013, 07:55:40 PM »
Your spouse's UK tax free lump sum pension disbursement is fully taxable by the IRS if they consider you are in any way attached to it, especially if you put it in to your account, to them it is ordinary income attributed to you irrespective of where it came from, UK rules notwithstanding. Did your spouse ever live in the USA with you, if so under what authority and for how long? What is your current USA filing status?

You have a lot of reading to do, unless you have the funds to pay a CPA conversant with USA/UK taxes.  Making a mistake can open you up to some draconian penalties and fines.  Please educate yourself before you do the wrong thing. There are several ex-pat sites where these issues are a constant item of discussion.

I think that will depend on her filing status.  She said it was her partner's money, not her spouse's.  If they are each filing separately then each will be responsible for their own taxes.  (She is responsible for the interest coming from her account into which the money has been deposited)

I do think that it is a good idea to do more research on this, and even consult an expert in USA/UK taxes.
Dual USC/UKC living in the UK since May 2016


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