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Topic: How to claim Foreign Tax Credit for 401k payments?  (Read 1363 times)

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How to claim Foreign Tax Credit for 401k payments?
« on: March 17, 2006, 03:34:10 AM »
I'm trying to figure out how to deal with regular (annual) US 401k and Regular IRA distributons
paid to a UK/US dual national domiciled in the UK. As the distributions arise in the US I'll
get a 1099-R.  The UK/US tax treaty Article 17 paragraph 1 says that such distributions are taxed in the country
of residence, however, as I'm a US citizen I think the "Savings Clause" in Article 1 paragraphs 4 and
5 negates the effect of Article 17 for me. Is this right?

If the answer is yes,  I'll ask my 401k company withold the tax and send the net to me in the UK.
On the UK side I'll show the money as a foreign pension and claim a foreign tax credit.

Is this the right way to handle this?

For US social security payments to me in the UK the story is a bit different as they are only taxable
in the UK. so I assume I enter 0 on line 20b of my 1040 where I enter the taxable amount of SS
and simply pay the tax on them in the UK.
« Last Edit: March 17, 2006, 05:24:47 AM by nun »


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Re: How to claim Foreign Tax Credit for 401k payments?
« Reply #1 on: March 17, 2006, 09:32:51 AM »
nun - your answer is not quite correct; I'd suggest taking expert US and UK advice on the treaty and how this needs to be disclosed and claimed on both sides of the pond.


Re: How to claim Foreign Tax Credit for 401k payments?
« Reply #2 on: March 17, 2006, 12:23:56 PM »
nun - your answer is not quite correct; I'd suggest taking expert US and UK advice on the treaty and how this needs to be disclosed and claimed on both sides of the pond.

Thanks for the reply guya, can you tell me where my answer "is not quite right"? Do I need to include a form 8833 with
my US return and the UK equivalent?
« Last Edit: March 17, 2006, 12:50:03 PM by nun »


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Re: How to claim Foreign Tax Credit for 401k payments?
« Reply #3 on: March 17, 2006, 07:47:42 PM »
I am afraid not; as this is an open forum and such specific advice requires expert assistance.


Re: How to claim Foreign Tax Credit for 401k payments?
« Reply #4 on: March 17, 2006, 09:57:04 PM »
I am afraid not; as this is an open forum and such specific advice requires expert assistance.

That's a pity, I'd like to know where I'm going wrong.


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Re: How to claim Foreign Tax Credit for 401k payments?
« Reply #5 on: March 18, 2006, 12:01:50 PM »
I think Guya is hinting that you should pay for some advice rather than try to cobble it together for free from a series of websites, forums, and whathaveyou.

If you want to go it alone, then do so.  But you've been posting about half the questions on this forum for the past month or so.  That's not going alone, that's getting advice.  And most professionals charge for that sort of thing.

It may interest you to know that you can't rely on advice recieved in a forum of this nature to avoid penalties in the case of an error (see my disclosure below).  It's something to think about when surfing forums.

IRS Circular 230 Disclosure:  To ensure compliance with requirements imposed by the U.S. Internal Revenue Service, we inform you that any tax advice contained in this posting (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein.
Liz Z i t z o w, EA
British American Tax


Re: How to claim Foreign Tax Credit for 401k payments?
« Reply #6 on: March 18, 2006, 04:17:08 PM »
I think Guya is hinting that you should pay for some advice rather than try to cobble it together for free from a series of websites, forums, and whathaveyou.

If you want to go it alone, then do so.  But you've been posting about half the questions on this forum for the past month or so.  That's not going alone, that's getting advice.  And most professionals charge for that sort of thing.

It may interest you to know that you can't rely on advice recieved in a forum of this nature to avoid penalties in the case of an error (see my disclosure below).  It's something to think about when surfing forums.

IRS Circular 230 Disclosure:  To ensure compliance with requirements imposed by the U.S. Internal Revenue Service, we inform you that any tax advice contained in this posting (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code or (2) promoting, marketing or recommending to another party any tax-related matters addressed herein.

Thanks Lizzit, I know I've rather beaten this topic to death. Your's and Guya's answers to my questions have been
helpful as far as they have gone and I've learnt a lot. Your point about not putting complete faith in advice from forums
is a good one, and I'd extend it to anyone who gives you tax advice, even professional advice you pay for. In the
end its my tax return and I sign it and that's why I'm trying to understand my situation so if I do go to a professional
I'll be able to understand and evaluate their advice.

Thanks again to you and Guya.
« Last Edit: March 18, 2006, 04:27:08 PM by nun »


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