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Where Taxpayers and Advisers Meet

SIPP contributions and US tax

jason13
Posts:153
Joined:Mon Mar 28, 2011 2:02 pm
SIPP contributions and US tax

Postby jason13 » Thu Apr 19, 2018 5:05 pm

This is more of a US tax question but I'm hoping David will see this post. ;)

When you leave the UK, you can continue paying £2,880 into a pension for 5 years and you'll get £720 from HMRC. The question is whether this contribution to a UK SIPP decreases your taxable income in the US ("AGI").

Article 18 of the UK-US treaty seems pretty clear:
2. Where an individual who is a member or beneficiary of, or participant in, a pension scheme established in a Contracting State exercises an
employment or self-employment in the other Contracting State: a) contributions paid by or on behalf of that individual to the pension scheme during the period that he exercises an employment or self-employment in the other State shall be deductible (or excludable) in computing his taxable income in that other State;
Then there's the question whether you have to file Form 8833 to make use of the treaty benefit. I don't know the general answer but in this case (someone on a J-1 as a researcher/teacher), the answer would appear to be no. https://www.irs.gov/individuals/international-taxpayers/claiming-tax-treaty-benefits says: "You do not have to file Form 8833 for any of the following situations: [...] 2) You claim a treaty exemption that reduces or modifies the taxation of income from dependent personal services".

All of this suggests you can put the SIPP contribution as a negative amount on line 21 of the 1040.

But when I tried to research this online, it seems there's a lot of confusion and disagreement on how to handle contributions to a UK pension scheme (most of what I found was from US persons living in the UK though whereas here we have a nonresident alien in the US paying into a UK scheme).

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