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Topic: UK pension on FBAR  (Read 2763 times)

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UK pension on FBAR
« on: August 11, 2014, 10:04:59 PM »
Hi,
I'm a US citizen and I've filed the FBAR or TD 90 22 or whatever it's called each year reporting my UK accounts as I've exceeded the $10K threshold.

One thing that did not occur to me was to list my UK personal pension on the form (also exceeds $10K).  It seems to me that people have different opinions as to whether such a pension needs to be specified.  I understand that they are covered by tax treaty between US and UK, so perhaps different from your standard bank account.
Should I start including it on my 2014 FBAR or is it not necessary?

Thanks.
And the world first spoke to me in Sensurround


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Re: UK pension on FBAR
« Reply #1 on: August 11, 2014, 10:16:30 PM »
It depends on the pension. If it's a standard employer sponsored pension that you have no control over until you retire, probably not,and the state pension doesn't either. If it's an account you bought yourself,then yes. There are other potential nuances, but that covers most people's circumstances.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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Re: UK pension on FBAR
« Reply #2 on: August 11, 2014, 10:27:38 PM »
So on the form instructions under the Exceptions topic it says "Participants in and beneficiaries of tax-qualified retirement plans".  Does this not mean that retirement plans simply don't need to be specified?
Mine is a defined contribution pension as setup through my company.

When you say a company pension that you have "no control over until you retire", I'd assume any defined contribution plans give you some control at least into how much and what funds to invest in.  If you mean by no control, no means to take the money out until retirement, then that's pretty much par for the course for most pensions.

When you say it's "an account you bought yourself", well, I signed up for it originally with a company I worked for but having left that company I rolled it into a personal pension.

It's quite a confusion topic but the Exceptions section on the form seems fairly clear-cut that it's exempt.
And the world first spoke to me in Sensurround


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Re: UK pension on FBAR
« Reply #3 on: August 12, 2014, 08:32:05 AM »
So on the form instructions under the Exceptions topic it says "Participants in and beneficiaries of tax-qualified retirement plans".  Does this not mean that retirement plans simply don't need to be specified?
Mine is a defined contribution pension as setup through my company.

When you say a company pension that you have "no control over until you retire", I'd assume any defined contribution plans give you some control at least into how much and what funds to invest in.  If you mean by no control, no means to take the money out until retirement, then that's pretty much par for the course for most pensions.

When you say it's "an account you bought yourself", well, I signed up for it originally with a company I worked for but having left that company I rolled it into a personal pension.

It's quite a confusion topic but the Exceptions section on the form seems fairly clear-cut that it's exempt.
Unfortunately, in an Alice in Wonderland moment, the words that you are reading do not say what you want them to say.

A US "qualified" plan is a plan that is "qualified" in the US. A UK "registered" plan is one registered with HMRC.  A UK registered plan, such as yours, is never going to be US qualified and always has been an FBAR reportable asset. There is no doubt about this point.

There are, however, different views about the income tax implications and the effect or otherwise of the tax treaty. I take a very cautious view on the tax issues; others are willing to take higher risk positions.


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Re: UK pension on FBAR
« Reply #4 on: August 12, 2014, 09:17:37 AM »
Ok thanks. I will put the pension on the 2014 FBAR just to be safe.
And the world first spoke to me in Sensurround


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Re: UK pension on FBAR
« Reply #5 on: August 12, 2014, 10:38:47 AM »
I was told by a person from the US Treasury that my defined contribution pension plan through my employer (USS) did not need to go on the FBAR.
Arrived as student 9/2003; Renewed student visa 9/2006; Applied for HSMP approval 1/2008; HSMP approved 3/2008; Tier 1 General FLR received 4/2008; FLR(M) Unmarried partner approved (in-person) 27/8/2009; ILR granted at in-person PEO appointment 1/8/2011; Applied for citizenship at Edinburgh NCS 31/10/2011; Citizenship approval received 4/2/2012
FINALLY A CITIZEN! 29/2/2012


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