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Topic: confused... which forms?  (Read 925 times)

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confused... which forms?
« on: March 18, 2013, 12:26:15 AM »
Hi

I'm hoping someone can help me understand which forms I need to file. I'm USC living in the UK. Previously, I've always filed 1040 with 2555EZ and FBAR. I've never filed Scheduled B, because I haven't had any interested earned in my bank accounts.

I've had a look around today and have seen some posts say that this is correct, while others say you should always file Schedule B.

Reading the Schedule B, it does appear that it should be filled out even if no interest as there are questions regarding foreign accounts which then leads to FBAR. Have I understood this correctly, that this should always be included regardless of taxable interest?

This year, I've had £15 earned in a joint savings account. Going by some posts I've seen, I need to use the Gross amount, 15 * 1.20 (20% UK Tax) = 18.00. Since this is a joint account, do I use the full amount or am I ok to report half that?

I'm confused about form 1116. Some posts mention it while others don't. Do I need to fill out form 1116? Would I need to fill out 2 forms? One for interest earned on bank accounts (also being noted in Schedule B) and marking it as Passive, and another for General Income? I fall under the max income in the 2555ez, if that matters.

I have less than the allowed $200,000/$300,000 foreign assets so I know don't need to fill out form 8938.

I report my pension account on the FBAR, but do I need to do anything else with it?

I put in 6% of my monthly salary (before tax) and the funds are distributed between different investments such as cash, stocks and shares. Much the same as a 401k. At retirement when I withdraw the funds, I would then pay UK tax as if it were regular income and file US tax returns on that income as normal.

Assuming most are receiving employer contribution of 3% into a pension fund, what do you do with that? Are you filling out a different form, or including it as part of your income on the 1040? I can't touch it until I reach retirement age and could technically lose it all if the market crashes.

I assumed this would be similar to a 401k (at least when it was when I was last working in the States) where employers contributed to my 401k pre-tax, but at retirement (or if withdrawn sooner) the income would then be taxable. Basically, deferred income. I have seen some mention they are including it on their taxes, but this doesn't make sense to me since you can't physically spend it or turn it into US dollars now. Perhaps, I've misunderstood.

What about ISA accounts? I've been debating on opening one. The money going in would be after tax. But I don't know if it needs to be reported other than on the FBAR? My husband has an ISA and he often buys and sells shares within days of each other. I'm assuming if we did the same with mine, then I would have to report loss/gain for each transaction? Would I just use the standard 1040 with Schedule D for Capital gains/loss?

Am I missing anything else? Sorry for all the questions! Some of the posts are a bit confusing  ??? I appreciate any help!


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Re: confused... which forms?
« Reply #1 on: March 18, 2013, 02:18:22 PM »
Well, it looks like you need to file form 1116 if you paid foreign tax and want to claim a credit for the foreign tax paid.

Form 1116 instructions:
http://www.irs.gov/pub/irs-pdf/i1116.pdf

Filling in 1040 box by box:
http://www.bankrate.com/brm/itax/news/20010402e.asp

Filling in 1040A box by box:
http://www.bankrate.com/brm/itax/news/20010402b.asp

Schedule B instructions:
http://www.irs.gov/pub/irs-pdf/f1040sb.pdf

This page explains Schedule B a bit better and explains how to fill it in:
http://www.bankrate.com/brm/itax/news/20010402g.asp

This is TD F 90-22.1 (Report of Foreign Bank and Financial Accounts)
Note: You don't have to file this one unless the aggregate value of the accounts exceeds $10,000.
http://www.irs.gov/pub/irs-pdf/f90221.pdf

This is F-BAR
http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Report-of-Foreign-Bank-and-Financial-Accounts-%28FBAR%29

Note: Who Must File an FBAR

United States persons are required to file an FBAR if:

The United States person had a financial interest in or signature authority over at least one financial account located outside of the United States; and the aggregate value of all foreign financial accounts exceeded $10,000 at any time during the calendar year to be reported.


So from that, my understanding is that if you have less then $10,000 in your foreign financial accounts added up, then you don't have to report what you have.  As long as you file separately, IRS won't be looking at any accounts owned individually by your spouse. ;)

I suggest you phone the IRS and speak with their representatives directly.  They have toll free numbers and if you don't have a land line at home that affords you calls to the USA, I know that I've used Skype before to contact my bank and others back home and the 1-800 numbers don't cost me anything.  Non toll free numbers cost me about 2 cents a minute.  It would be worth it to get your questions resolved - properly.  Good luck!  :)

Toll Free Numbers:
http://www.irs.gov/uac/Telephone-Assistance
http://www.irs.gov/uac/IRS-Offers-New-Toll-Free-Numbers-to-Assist-Taxpayers


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Re: confused... which forms?
« Reply #2 on: March 18, 2013, 05:42:15 PM »
Why not just report the interest and not bother with 1116? You probably won't have to pay any tax on it due to other deductions. Even in the worst case that you do, it will be a trivial amount of money in comparison with the time you will waste trying to figure the complex 1116.

Just as an aside, paying a small amount of money to the IRS has the advantageous side effect that you know that they have received your return by having deposited the check.


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Re: confused... which forms?
« Reply #3 on: March 18, 2013, 07:18:17 PM »
Just as an aside, paying a small amount of money to the IRS has the advantageous side effect that you know that they have received your return by having deposited the check.
LOL!!  Brilliant!  And if you don't actually owe any, you can at least have the satisfaction of knowing that you screwed up their books. I like it!  ;D


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