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January 25, 2025
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How to enter a Foreign Penson received in tax year 2024

  • January 25, 2025
  • 1 reply
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My wife receives a Pension from Germany for a period that she worked prior to becoming a US citizen.   first question is it reportable income for US taxes?  Second if so (I believe it is)  how do I report it on the current  version (tax year 2024) of TurboTax?

    Best answer by AmyC

    Yes, the treaty allows for it to be taxable in Germany. This means you should report the income and then subtract it back out using the treaty as the reason for the subtraction.

    Normally, retirement income is entered on 1099-R Since you are adding it and subtracting it together, I like the idea of putting them in the same place on the return.

     

    Add the income, follow these steps:

    you can move the income to to Other Income without it affecting other parts of your return, that would be the easiest.

    To enter:

    1. You would go to personal income, 
    2. scroll to the bottom to misc income, 
    3. start, 
    4. scroll to the bottom again, 
    5. other reportable income, 
    6. start.
    7. enter USD amount and description.

    Remove the income:

    follow the steps above but change the description to exempt under German tax treaty.

    1 reply

    January 25, 2025

    per US-Germany Tax treaty

    ARTICLE 18
    Pensions, Annuities, Alimony, and Child Support
    1. Subject to the provisions of Article 19 (Government Service; Social Security). pensions and
    other similar remuneration derived and beneficially owned by a resident of a Contracting State in
    consideration of past employment shall be taxable only in that State.
    2. Subject to the provisions of Article 19 (Government Service; Social Security), annuities derived
    and beneficially owned by a resident of a Contracting State shall be taxable only in that State. The term
    "annuities" as used in this paragraph means a stated sum paid periodically at stated times during a
    specified number of years, under an obligation to make the payment in return for adequate and full
    consideration (other than services rendered).
    3. Alimony paid by a resident of a Contracting State and deductible there to a resident of the other
    Contracting State shall be taxable only in that other State. The term "alimony" as used in this Article
    means periodic payment (made pursuant to a written separation agreement or a decree of divorce,
    separate maintenance, or compulsory support) that are taxable to the recipient under the laws of the
    State of which he is a resident.
    4. Nondeductible alimony, and periodic payment for the support of a minor child (made pursuant to
    a written separation agreement or a decree of divorce, separate maintenance, or compulsory support),
    paid by a resident of a Contracting State to a resident of the other Contracting State shall be taxable
    only in the first-mentioned State

    Explanation of treaty provisions

    ARTICLE 18
    Pensions, Annuities, Alimony and Child Support
    This Article deals with the taxation of private (i.e., non-government) pensions and
    annuities, alimony payments and child support payments.
    Paragraph 1 provides that private pensions and other similar remuneration derived and
    beneficially owned by a resident of a Contracting State in consideration of past employment are
    taxable only in the State of residence of the recipient. This rule applies to both periodic and
    lump-sum payments. Treatment of such pensions under the 1954 Convention is essentially the
    same as under this Convention. The rules of this Article do not apply to items of income which
    are dealt within Article 19 (Government Service; Social Security), including pensions in respect
    of government service, or as compensation for injury or damage sustained in hostilities, and
    social security benefits

    SUMMARY

    unless it is a German gov't pension for services it is taxable in the US. Unless your spouse received the pension in US $ you'll have to convert to US $

    https://www.irs.gov/individuals/international-taxpayers/foreign-currency-and-currency-exchange-rates 

    REPORTING

    you can use form 1099-R try all 9's for EIN. if that doesn't work list it under other income schedule 1 line 2z

    Russ GAuthor
    January 25, 2025

    Thanks for the feedback.  Of course the treaties really doesn't make sense to me.   I looked up "German gov't pension for services"  and it says "A "German government pension for services in Germany" refers to the mandatory "public retirement insurance" system, also known as "gesetzliche Rentenversicherung" (GRV), where both employers and employees contribute a percentage of their salary to receive a pension upon reaching retirement age after working in Germany for a qualifying period; essentially, it's the primary state pension provided by the German government to its citizens who have worked within the country. "   This is the type of pension that my wife receives; the I way read your reply the pension does not need to be reported as taxable income.  Is that correct?

    AmyC
    AmyCAnswer
    Employee
    February 3, 2025

    Yes, the treaty allows for it to be taxable in Germany. This means you should report the income and then subtract it back out using the treaty as the reason for the subtraction.

    Normally, retirement income is entered on 1099-R Since you are adding it and subtracting it together, I like the idea of putting them in the same place on the return.

     

    Add the income, follow these steps:

    you can move the income to to Other Income without it affecting other parts of your return, that would be the easiest.

    To enter:

    1. You would go to personal income, 
    2. scroll to the bottom to misc income, 
    3. start, 
    4. scroll to the bottom again, 
    5. other reportable income, 
    6. start.
    7. enter USD amount and description.

    Remove the income:

    follow the steps above but change the description to exempt under German tax treaty.

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