Author Topic: Tax on pension payments  (Read 1978 times)

Campanula

  • Guest
Tax on pension payments
« on: March 29, 2016, 06:29:42 AM »
I'd like to ask for some tax advice from you good Americans, if I may. Apologies in advance for being *utterly* clueless.
 
I'm British but my husband is American. Until now, all our income has been UK based, so for previous years, we've claimed the foreign earned income exclusion and not been liable for any US taxes.
 
This year, our circumstances are different as he became the sole beneficiary of various pensions due to a bereavement. We took lump sum distributions from two pensions, one in California and one in Ohio. There's also a small monthly annuity from another pension that wouldn't pay a lump sum. (Please hold off on any lump-sum related facepunches. I know rollovers are more tax efficient, but this wasn't possibly for difficult family reasons).
 
Federal income tax of 20% was deducted at source from both lump sums (though still owed on the annuity payments). I understand that a person withdrawing a lump sum from their own pension would be taxed an additional 10% but that this doesn't apply to pension beneficiaries. I'll be noting these payments on form 1040 but if there are any other forms I've missed related to pension payments, I'd be glad to know.
 
My main concern is state income taxes. We receive post via a family address in one state and have a bank account in another, but we only visit for a couple of weeks a year at most. As we're not resident in any US state, am I correct in assuming that we don't have to pay state income tax on payments (lump sum or annuity) received from a pension?
 
[Next year, we'll have to figure out taxes on the rental house he inherited. When I went and married an American, I didn't realise I was committing myself to a lifelong relationship with the IRS as well...]

protostache

  • Pencil Stache
  • ****
  • Posts: 903
Re: Tax on pension payments
« Reply #1 on: March 29, 2016, 07:50:42 AM »
I would recommend reaching out to an accountant that has experience with these issues, since they can be very complicated with the various tax treaties that exist. Specifically, you want someone who has experience dealing with the interaction between the US and UK tax codes. I expect they will save you money.

Campanula

  • Guest
Re: Tax on pension payments
« Reply #2 on: March 29, 2016, 12:33:02 PM »
Thanks for your reply, protostache. I was really hoping to avoid this, given the sums involved (smallish payments v cost of fancy accountant) and the difficulty of finding someone suitable - but maybe it's inevitable, or at least sensible, for the next year or two. I guess I needed someone else to tell me this :)

jim555

  • Magnum Stache
  • ******
  • Posts: 3245
Re: Tax on pension payments
« Reply #3 on: March 30, 2016, 05:43:22 AM »
My hunch, if you have no domicile and no physical presence in any state, then you are not a resident and state taxes do not apply. 

Campanula

  • Guest
Re: Tax on pension payments
« Reply #4 on: March 30, 2016, 07:21:39 AM »
Thank you - I'm very much hoping that will be the case. Phrases like 'income sourced from this state' are a little opaque, but I think you're right. I'm happy to pay taxes but not if I don't need to!

jim555

  • Magnum Stache
  • ******
  • Posts: 3245
Re: Tax on pension payments
« Reply #5 on: March 30, 2016, 09:35:05 AM »
California and New York are the worst about taxes and residency/domicile.

 

Wow, a phone plan for fifteen bucks!