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October 24, 2023
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Pension declaration (USA)

  • October 24, 2023
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Hi

 

My Dad is a recent green card holder (permanent resident) in USA.

 

He receives pension from Indian government (Central government). His pension is tax deducted at source. 2023 will be the first year to file taxes in USA. 

 

1. Should he declare his pension in his 1040 filing? His family pension is about $2000/month and 65yr+

2. Can he claim tax credits in Form 1116 (foreign tax credit) for the taxes he paid to Indian government?

3. What proof is required (if any) to be attached to the 1040 IRS form? He does not get 1099 or W2 for the Indian pension

 

Thanks

    Best answer by pk12_2

    @4SV , Namaste ji

     

    1.you did not say as to when your father arrived in the USA ( we are talking about 2023  tax year I hope ).  The reason for need  of the entry date is because the residency  start date  for the tax year is determined  by this.

    2. If the residency is not for the full  calendar year, then one cannot use the standard deduction and thus  may impact the taxable income.  So please provide this date  as also whether he was present  ( the number of days  ) in the USA  ( for any reason ) during 2021, 2022 and 2023.  What visa if he was present prior to the immigrant visa issuance/ activation/ admission.

    3. As a Green Card holder  ( US person )  one is taxed by the USA on his/her  world income ( i.e. income from any and all sources and countries ).  So recognition of pension from another country is mandatory.

    4. If the income  ( sourced in another country ) is taxed by another tax jurisdiction,  AND US has tax treaty with that country, then the double taxation bite may be ameliorated/ reduced  by using  foreign tax credit / deduction. The extent of this relief ( for tax credit or deduction ) for the current tax year is limited  to some extent.  Note that this reduction of tax burden is generally applicable  ONLY to federal taxes and  states mostly  do not  recognize the tax treaties.

    5.  Proof  of foreign earnings and  taxes paid thereon is generally not asked for except in case of audits.  ( so it ia good idea to keep these documents for at least three years and perhaps for as much as six years ).

    6. Note also that if the foreign income is passing through a foreign  bank account that the taxpayer either owns and / or has signature authority over , both FBAR and FATCA  regulations  come into effect.

     

    Is there more I can do for you ?   In further discussion on this topic/ thread it will be necessary for you to answer my questions above.

     

    Namaste ji

     

    pk

    2 replies

    Employee
    October 24, 2023

    I will page Champ @pk12_2

    pk12_2Answer
    Employee
    October 25, 2023

    @4SV , Namaste ji

     

    1.you did not say as to when your father arrived in the USA ( we are talking about 2023  tax year I hope ).  The reason for need  of the entry date is because the residency  start date  for the tax year is determined  by this.

    2. If the residency is not for the full  calendar year, then one cannot use the standard deduction and thus  may impact the taxable income.  So please provide this date  as also whether he was present  ( the number of days  ) in the USA  ( for any reason ) during 2021, 2022 and 2023.  What visa if he was present prior to the immigrant visa issuance/ activation/ admission.

    3. As a Green Card holder  ( US person )  one is taxed by the USA on his/her  world income ( i.e. income from any and all sources and countries ).  So recognition of pension from another country is mandatory.

    4. If the income  ( sourced in another country ) is taxed by another tax jurisdiction,  AND US has tax treaty with that country, then the double taxation bite may be ameliorated/ reduced  by using  foreign tax credit / deduction. The extent of this relief ( for tax credit or deduction ) for the current tax year is limited  to some extent.  Note that this reduction of tax burden is generally applicable  ONLY to federal taxes and  states mostly  do not  recognize the tax treaties.

    5.  Proof  of foreign earnings and  taxes paid thereon is generally not asked for except in case of audits.  ( so it ia good idea to keep these documents for at least three years and perhaps for as much as six years ).

    6. Note also that if the foreign income is passing through a foreign  bank account that the taxpayer either owns and / or has signature authority over , both FBAR and FATCA  regulations  come into effect.

     

    Is there more I can do for you ?   In further discussion on this topic/ thread it will be necessary for you to answer my questions above.

     

    Namaste ji

     

    pk

    4SVAuthor
    October 26, 2023

    Namaste pk ji

     

    Thanks for your response.

     

    My parents got their US Green Card (Permanent residency) in July 2023. Port of entry and state of residence is Texas. They have been in Texas from Sept5, 2023 from India.

     

    As per bullet 4) of your answers, India does have a Tax treaty and that implies I can file for foreign tax credit on Federal tax filing. Texas does not have state taxes.

     

    On bullet 6) of you answers, I understand FBAR filing of foreign bank accounts if total amount exceeds $10,000. I will double check that.

    Employee
    October 26, 2023

    @4SV  Namaste ---- thank you for your response  ( answered my questions ).

     

    Thus, your parents  will file the 2023 return as Residents  ( GreenCard Test )  but only as a part year resident i.e. residency beginning  5 th of Sept 2023.  So for their 1040 form they will have to take itemized deduction, include all pension payments  received post the entry date  ( world income from that date onwards ) and be able to claim any taxes paid   ( to India  )  either as a post that date  either as a deduction or as  foreign tax credit.   Please make sure the conversion factor used  is as of the date of dep[osit  in the bank in India.

     

    Yes they would be subject to FBAR  and may be FATCA.

     

    If there is more I can do for you , please either add to this post or PM ( if the topic is not of interest to general users ).

     

    Namaste ji and greetings to your parents 

     

    pk