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Topic: US tax apid money  (Read 1657 times)

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US tax apid money
« on: March 02, 2015, 08:31:26 PM »
I am a ono-working US citizen. My husband was born British but has US citizenship and is still employed. I am moving to England in April and he will follow in about a year. My visa does not allow me to work in the UK. I am transferring my money (US tax paid) to live on. Do I need to file anything since it is already tax paid and I am not earning any income?  ???


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Re: US tax apid money
« Reply #1 on: March 02, 2015, 09:07:19 PM »
What is your UK visa? What will be your UK residency status?


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Re: US tax apid money
« Reply #2 on: March 03, 2015, 09:04:59 PM »
It says "SPOUSE/CP" and states "No recourse to public funds".


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Re: US tax apid money
« Reply #3 on: March 03, 2015, 10:50:43 PM »
There will be no tax on money you transfer to the UK, but you will have to pay tax to the UK on any income and gains on that money, and also to the US after taking appropriate foreign tax credits.

Make sure you register with the NHS when you arrive and that you understand the requirements of the new US ACA health insurance rules. Also are you sure you can't work in the UK? I'd double check that and register for an NI number at the Jobcenter.


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Re: US tax apid money
« Reply #4 on: March 03, 2015, 11:21:08 PM »
nun- what the heck are the rules for living overseas? I just took a quick look at the ACA site (first time) and didn't see anything obvious for living overseas. I have my own BCBS that I plan to keep for at least a couple of years when we go back. Do you need US insurance even if you don't live in the US?

Oooops.....think I found it now. Not sure I understand it though.

12. Are US citizens living abroad subject to the individual shared responsibility provision?

Yes. However, U.S. citizens who are not physically present in the United States for at least 330 full days within a 12-month period are treated as having minimum essential coverage for that 12-month period. In addition, U.S. citizens who are bona fide residents of a foreign country (or countries) for an entire taxable year are treated as having minimum essential coverage for that year. In general, these are individuals who qualify for a foreign earned income exclusion under section 911 of the Internal Revenue Code. Individuals may qualify for this rule even if they cannot use the exclusion for all of their foreign earned income because, for example, they are employees of the United States. See Publication 54, Tax Guide for U.S. Citizens and Resident Aliens Abroad, for further information on the foreign earned income exclusion.  Individuals who qualify for this rule should file Form 8965, Health Coverage Exemptions, with their federal income tax returns.

U.S. citizens who meet neither the physical presence nor residency requirements will need to maintain minimum essential coverage, qualify for a coverage exemption or make a shared responsibility payment for each month of the year. For this purpose, minimum essential coverage includes a group health plan provided by an overseas employer. One exemption that may be particularly relevant to U.S. citizens living abroad for a small part of a year is the exemption for a short coverage gap. This exemption provides that no shared responsibility payment will be due for a once-per-year gap in coverage that lasts less than three months. 
« Last Edit: March 03, 2015, 11:25:39 PM by F4mandolin »
Fred


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Re: US tax apid money
« Reply #5 on: March 04, 2015, 03:32:16 AM »
Until you qualify to be treated as non-US resident you need to keep health insurance that satisfies the ACA.


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Re: US tax apid money
« Reply #6 on: March 04, 2015, 03:50:03 AM »
I guess that would only take the first year then?
Fred


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Re: US tax apid money
« Reply #7 on: March 04, 2015, 03:53:02 AM »
I guess that would only take the first year then?

If HHS determines the NHS to be "minimal qualified coverage" and you qualify for NHS on the first day you arrive in the UK then you would not have to maintain other coverage. You could also just defer filing until you become a bona fide froeign resident.


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Re: US tax apid money
« Reply #8 on: March 04, 2015, 03:56:39 AM »
Not really an issue since I would plan on keeping my US insurance for the first couple of years anyway. At least the US hasn't "quite" gone totally nuts on those rules.
Fred


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Re: US tax apid money
« Reply #9 on: March 04, 2015, 03:57:09 AM »
I guess that would only take the first year then?

Here are the rules for the US substantial presence test so I would think that once you pass this test you are considered not resident in the USA.

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test

Quote
You will be considered a U.S. resident for tax purposes if you meet the substantial presence test for the calendar year. To meet this test, you must be physically present in the United States on at least:
31 days during the current year, and
183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:
All the days you were present in the current year, and
1/3 of the days you were present in the first year before the current year, and
1/6 of the days you were present in the second year before the current year.
Example:
You were physically present in the United States on 120 days in each of the years 2010, 2011, and 2012. To determine if you meet the substantial presence test for 2012, count the full 120 days of presence in 2012, 40 days in 2011 (1/3 of 120), and 20 days in 2010 (1/6 of 120). Since the total for the 3-year period is 180 days, you are not considered a resident under the substantial presence test for 2012.
Dual USC/UKC living in the UK since May 2016


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Re: US tax apid money
« Reply #10 on: March 04, 2015, 04:37:58 AM »
Here are the rules for the US substantial presence test so I would think that once you pass this test you are considered not resident in the USA.

http://www.irs.gov/Individuals/International-Taxpayers/Substantial-Presence-Test


This sounds like a bad Monty Python skit.

 Keeping the US insurance for a couple of years still sounds like the smart thing to do.
Fred


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Re: US tax apid money
« Reply #11 on: March 04, 2015, 07:20:50 AM »
Back to the OP -  kris74063

First of all, you CAN work on a spouse visa. Why do you think you can't?

You do have another issue....your British husband is supposed to be either in the UK now, or going with you at the same time, not coming out 'in about a year'.  That's why it's classed as a "family of a settled person' visa. 
Married December 1992 (my 'old flame' whom I first met in the mid-70s)
1st move to UK - 1993 (Letter of Consent granted at British Embassy in Washington DC)
ILR - 1994 (1 year later - no fee way back then!)
Back to US in 2000
Returned to UK July 2011 (Spousal Visa/KOL endorsement)
ILR - September 2011
Application for naturalization submitted July 2014
Approval received 15-10-14; ceremony scheduled for 10 November!
Passport arrived 25 November 2014. Finally done!


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Re: US tax apid money
« Reply #12 on: March 09, 2015, 11:11:35 AM »
This sounds like a bad Monty Python skit.

 Keeping the US insurance for a couple of years still sounds like the smart thing to do.

Disagree. The OP will be exempt from ACA penalties. The smart thing to do would be to drop the US insurance as soon as she arrives in the UK. Her entitlement to NHS care would make a US insurance policy frankly a waste of money. Even if she plans on spending a substantial amount of time in the US, a decent UK annual travel insurance policy should cover any unanticipated medical needs that arise during her trips back. The only reasons I can see for keeping US health insurance would be if she plans on spending more time at a stretch than her travel insurer allows (although they'll often cover extended trips for a small extra premium) or if she has pre-existing conditions that her travel insurer would not cover at a reasonable price. Even in these cases, she can always stop her US health insurance now and re-enroll later if she ever is in a position to make use of the insurance.


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