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Topic: I've put things off long enough....  (Read 1619 times)

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I've put things off long enough....
« on: December 26, 2015, 11:46:57 AM »
Figured I would run through some stuff that I "think I know".........some I just don't remember since I have a crap memory. I really need to go back and re-read a couple of posts from last year.....I just went through a couple of the book-saved pages on taxes.....lots more to re-read.

Quick recap....
1. My UK wife and I moved back to the UK on 16 April 2015. Which reminds me we need to turn her Green Card back in...however that's done.
2. Purchased a house and moved in 12 June.
3. I have been putting my wife on my US taxes.....might drop her, although I think it is to my advantage to keep her on for a few more years.
4. No money coming in from my wife (age 55). First very small pension coming in starts when she hits 60.
5. I currently have a US Govt pension of approx $930 a month (hopefully $1279 after they cancel my health insurance) plus an annuity supplement of about $850 a month until I hit 62 (I'm 58).

Things that may be true.....or not
1. Social Security (when it starts in 2019) is only taxed in the UK.
2. US Govt pension only taxed in the US?
3. TSP Govt savings.....taxed in the US only? As an added item, if I read it correctly....if I die my wife will only have to pay taxes on this in the UK as she takes it out.
4. We have put the house here in the UK only in my wife's name just in case we sell it at some point to avoid US taxes. 
5. FATCA+FBAR need to be done starting this year.
6. If my wife is off my US taxes, I don't have to include her in future taxes. Although if I remember correctly....the first time I take her off my taxes I needed to put in a note stating I was taking her off because of our move back to the UK and then she won't be able to get back on my taxes.
7. I have only been in the UK since 16 April.....so I won't meet the 330 days out of the country number. Although.....I don't think this number is relevant for much in my case since I have very little "foreign earned income"......only a little interest paid on savings account.
8. Will I need to do a UK tax report this year?

Please correct/add anything you think I have missed. I'm sure there are a few things I will remember as I re-read some old info I saved.

Please turn off the rain........I've had enough now after these last 2 months.

Fred

Fred


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Re: I've put things off long enough....
« Reply #1 on: December 26, 2015, 02:12:27 PM »
I'll not answer all your questions, but I'll offer some insight having been here for decades.


Things that may be true.....or not
1. Social Security (when it starts in 2019) is only taxed in the UK.
True.

4. We have put the house here in the UK only in my wife's name just in case we sell it at some point to avoid US taxes.
Understood. It's not unusual these days.
 

5. FATCA+FBAR need to be done starting this year.
FBAR - yes.
FATCA (8938) - Possibly, and possibly depending on whether you file MFJ or MFS. Thresholds are $400,000 and $200,000 accordingly (at 31 Dec.; check instructions for thresholds during year).
 
8. Will I need to do a UK tax report this year?
Since the UK 2015/16 tax year doesn't end until 05 April 2016, you'll have spent almost the entire year here, so yes, you'll need a UK self assessment return (due to foreign [US] income).

Please turn off the rain........I've had enough now after these last 2 months.
What are you on about? We've another 4 months of rain to go. Steady on, Sir.

You may find over the winter months that your golf course may be closed every so often due do the fairway conditions. It's not unusual, although if it has survived the conditions so far drainage may be good and interruptions may be few.

OK, this is the hard part for those coming from the States to get their head around. I know you've been here before, so this may be a bit of a refresher. Up until June 15 you concentrate on the US tax return and the FBAR (send the FBAR in by 15 June to get in the habit for following years).

After 15 June, start considering your UK return. the earliest deadline (paper) isn't until October, and the ultimate deadline for filing and paying up isn't until the January of the following year. You can't do anything on UK tax until 06 April, and in this country, few think about it until November. You may not receive statements on savings accounts (for example) until August/September.

For someone used to being proficient on US tax returns, the laid back attitude can be a bit of a shock.


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Re: I've put things off long enough....
« Reply #2 on: December 26, 2015, 02:18:58 PM »
You might also want to look into whether or not you are affected by the US laws about gifts and inheritance coming to your non-US spouse. The maximum gift per year is currently $147,000. This could be relevant if the money used to buy the house in her name came from a bank account which was your or joint names. You might need to file Form 709. You probably know that the US also places a cap on the amount that can be left to a non-US citizen surviving spouse before estate tax becomes charged, i.e. the qualified gift and estate tax allowance, $5,430,000 at present.
« Last Edit: December 26, 2015, 02:21:40 PM by RW »


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Re: I've put things off long enough....
« Reply #3 on: December 26, 2015, 03:18:25 PM »
theOAP--
5. We brought over enough money to buy the house.....and that means our account had around £300,000 in it for a while. FATCA here I come.......
8. Foreign income counts even if it is excused by the treaty? That's if I had that part right of course with it being a US Govt pension. I would have some income from selling mutual funds of course to get the money together for the move. But only a little bit after the time we moved here.
**The rain......sigh........I grew up in the rain (SW Washington)....this is my 15th year in the UK......never seen this much rain over this last 2 months. If you live in the south (which I have for 7 years back in the 80's) you have missed most of it. The golf course I play on is one of the best draining in the area.....but there is no way it can handle this much.

RW- Not too sure how to even figure something like that out. That money came from our joint account in the US. When you are married....how is it possible to figure which money in the account is mine or her's? I don't need to worry about that $5million limit......or even #1mil... unfortunately.
Fred


Re: I've put things off long enough....
« Reply #4 on: December 28, 2015, 11:17:57 AM »
5. I currently have a US Govt pension of approx $930 a month (hopefully $1279 after they cancel my health insurance) plus an annuity supplement of about $850 a month until I hit 62 (I'm 58).
[..]
Things that may be true.....or not
1. Social Security (when it starts in 2019) is only taxed in the UK.
2. US Govt pension only taxed in the US?
[..]
8. Will I need to do a UK tax report this year?

HMRC says:
Quote
You’ll need to send a tax return if, in the last tax year:

you had income from abroad that you needed to pay tax on
https://www.gov.uk/self-assessment-tax-returns/who-must-send-a-tax-return

and
Quote
You can’t claim Foreign Tax Credit Relief if a double taxation agreement:

exempts you from paying tax on that income in the United kingdom, for example on a foreign government pension

https://www.gov.uk/government/publications/calculating-foreign-tax-credit-relief-on-income-hs263-self-assessment-helpsheet/hs263-calculating-foreign-tax-credit-relief-on-income-2015

which taken together appears to mean you don't need to do a UK return on account of the US govt pension.

But you could ring HMRC to make sure.  Utter the magic words "double taxation" and with luck they'll put you through to a person who can answer your questions.


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Re: I've put things off long enough....
« Reply #5 on: December 29, 2015, 04:50:38 PM »

1. My UK wife and I moved back to the UK on 16 April 2015. Which reminds me we need to turn her Green Card back in...however that's done.

I would get this sorted asap. You must satisfy both immigration and the IRS that your wife is no longer a permanent resident and liable to US tax. Has you wife filed an 1-407 and does she need to file an 8854

Quote
1. Social Security (when it starts in 2019) is only taxed in the UK.
Yes

Quote
2. US Govt pension only taxed in the US?
Yes as long as you don't become a UK citizen

Quote
3. TSP Govt savings.....taxed in the US only? As an added item, if I read it correctly....if I die my wife will only have to pay taxes on this in the UK as she takes it out.

If this is a US Government pension then its only taxable in the US as long as you don't become a UK citizen. A US Government pension paid to a UK citizen resident in the UK would only be taxable in the UK.

Quote
4. We have put the house here in the UK only in my wife's name just in case we sell it at some point to avoid US taxes. 

You better make sure your UK wife is no longer considered a US tax resident

Quote
5. FATCA+FBAR need to be done starting this year.
Yes

Quote

8. Will I need to do a UK tax report this year?

You'll have to register for UK self assessment because of your foreign income


Re: I've put things off long enough....
« Reply #6 on: December 29, 2015, 05:23:55 PM »

You'll have to register for UK self assessment because of your foreign income

Even if no UK tax is payable on the foreign income?


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Re: I've put things off long enough....
« Reply #7 on: December 29, 2015, 05:36:08 PM »
Even if no UK tax is payable on the foreign income?

That's what I'm kinda wondering......if my pension isn't taxable, there is only interest on our savings accounts here and whatever profits on what I sell off on our Vanguard funds......this will come nowhere near to the £10,800? limit.....

I do need to get around to dumping her green card though since the move is final and we don't need it any more. I am also looking at just biting the bullet and taking her off my taxes to make things simpler....if maybe not cheaper.
Fred


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Re: I've put things off long enough....
« Reply #8 on: December 29, 2015, 07:19:29 PM »
That's what I'm kinda wondering......if my pension isn't taxable, there is only interest on our savings accounts here and whatever profits on what I sell off on our Vanguard funds......this will come nowhere near to the £10,800? limit.....
I don't know the correct answer to this, but I think you should bear in mind the US answer to this question. You do not have an exemption (treaty or otherwise) until you file a tax return.

Does HMRC view this in a similar light? Undoubtedly the best solution is to contact HMRC and ask the question as to whether you should file or not.



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Re: I've put things off long enough....
« Reply #9 on: December 29, 2015, 07:42:06 PM »
That's what I'm kinda wondering......if my pension isn't taxable, there is only interest on our savings accounts here and whatever profits on what I sell off on our Vanguard funds......this will come nowhere near to the £10,800? limit.....


If you have to file a SA you do it even if there is no tax due.

You will have to claim a tax treaty exemption to avoid UK tax on your US government pensions and the SA looks like a good way to do that.


Re: I've put things off long enough....
« Reply #10 on: December 29, 2015, 08:06:18 PM »
That's what I'm kinda wondering......if my pension isn't taxable, there is only interest on our savings accounts here and whatever profits on what I sell off on our Vanguard funds......this will come nowhere near to the £10,800? limit.....

There's a handy tool at https://www.gov.uk/check-if-you-need-a-tax-return.  If it says "yes", you can just go ahead and register.  If it says "no, you don't need a tax return", you could then ring them up to double check, as treaty-exempt foreign income is the kind of income an online app might not be fully informed about.


Re: I've put things off long enough....
« Reply #11 on: December 29, 2015, 08:17:31 PM »
Heck.  I just went through the "check if I need a tax return" tool and it tells me I'll need to sign up for self-assessment once I start receiving SS payments.    :(

I will ring up tomorrow and find out if there's a way to get the SS tax withheld. 


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Re: I've put things off long enough....
« Reply #12 on: December 29, 2015, 08:21:29 PM »
There's a handy tool at https://www.gov.uk/check-if-you-need-a-tax-return.  If it says "yes", you can just go ahead and register.  If it says "no, you don't need a tax return", you could then ring them up to double check, as treaty-exempt foreign income is the kind of income an online app might not be fully informed about.

Good link which I tried and it says that I would need to file if I had 2,500 GBP from savings and investments that had not been taxed, I.e. Way below the personal allowance of 10,800 GBP
Dual USC/UKC living in the UK since May 2016


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