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Topic: IRC § 6013(g) & Tax Treaty Implications  (Read 529 times)

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IRC § 6013(g) & Tax Treaty Implications
« on: September 04, 2020, 06:26:02 AM »
Being a USC, married to an NRA, I elected to have my spouse treated as a U.S. resident for income tax purposes (IRC § 6013(g)), I note however; Individuals making this election are generally prohibited from claiming benefits under a U.S. income tax treaty as a resident of a treaty country.
Would this mean for example that Social Security would be taxed by both the UK AND the U.S? What other restrictions would this common election bring?


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Re: IRC § 6013(g) & Tax Treaty Implications
« Reply #1 on: September 04, 2020, 08:42:12 AM »
I think SS will be only be taxed in the U.K. as the treaty doesn’t seem to make any exceptions.  Hopefully someone more knowledgeable will come along and give a more informed opinion.

From section 17 of the US/UK treaty:

Quote
Notwithstanding the provisions of paragraph 1 of this Article, payments made by a Contracting State under the provisions of the social security or similar legislation of that State to a resident of the other Contracting State shall be taxable only in that other State.
Dual USC/UKC living in the UK since May 2016


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Re: IRC § 6013(g) & Tax Treaty Implications
« Reply #2 on: September 04, 2020, 02:33:50 PM »
Thanks durhamlad. There must be many who made the election, so I would also be curious to learn how people interpret.


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