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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 28081
Experience:  Taxes, Immigration, Labor Relations
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My husband is a German citizen and thinking of obtaining a

Resolved Question:

I am an American citizen, my husband is a German citizen and thinking of obtaining a green card. He receives a pension from Germany. If we live in the US will his pension be taxed? If yes, at what rate? Trying to decide if a move to the US makes good financial sense. We are currently living in Argentina where none of our income is taxed. Thanks in advance for your help!
Cynthia Peters Zeier
Submitted: 6 years ago.
Category: Tax
Expert:  Lev replied 6 years ago.
According to US-Germany tax treaty - see IRS publication 901 -

Pensions paid by, or out of funds created by, Germany, its political subdivisions, local authorities, or instrumentalities for services performed for the paying governmental body are exempt from U.S. income tax unless the recipient is both a resident and a national of the United States.

This exemption does not apply to income or pensions for services performed in connection with a business carried on by Germany, its political subdivisions, local authorities, or instrumentalities.

Let me know if you need any help.
Customer: replied 6 years ago.

Hi Lev,


sorry to be obtuse but just to make sure I husband will remain a German citizen but will become a legal resident, a green card holder of the US and therefore will not have to pay US taxes on his German pension.







Expert:  Lev replied 6 years ago.
Yes - this is correct as long your spouse would not become a citizen of the US.
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