I am being made redundant in the UK (dual US/UK citizen) and my severance pay combined with my regular income for the year will be over the tax free allowance limit. I am already taxed heavily here in the UK. Will I have to pay taxes on my severance pay in the US as well, especially considering I am planning on living on the severance money for the next 2 years while I retrain? I'm very concerned about this. Thanks, J
State/Country relating to question: Virginia
Welcome, THANK YOU for using Just Answer. My goal is to help make your life...a little...LESS taxing.U.S. citizens are taxed on their worldwide income, and the IRS considers severance pay taxable income.REFERENCE SOURCE:http://www.irs.gov/pub/irs-pdf/p4128.pdf----------------------------------------However, the U.S. and the UK has a tax treaty in place. I will take a look at the treaty to see what it says regarding double taxation. Also note that as a U.S. citizen, you may be able to claim the Foreign Tax Credit.Qualifying Foreign TaxesYou can claim a credit only for foreign taxes that are imposed on you by a foreign country or US possession. Generally, only income, war profits and excess profits taxes qualify for the credit.What Foreign Taxes Qualify For The Foreign Tax Credit?Generally, the following four tests must be met for any foreign tax to qualify for the credit:The tax must be imposed on youYou must have paid or accrued the taxThe tax must be the legal and actual foreign tax liabilityThe tax must be an income tax (or a tax in lieu of an income tax)How to Claim the Foreign Tax CreditFile Form 1116 Foreign Tax Credit to claim the foreign tax credit if you are an individual, estate or trust, and you paid or accrued certain foreign taxes to a foreign country or U.S. possession.-------------------------------Link to Form 1116/instructions:http://www.irs.gov/pub/irs-pdf/f1116.pdfhttp://www.irs.gov/pub/irs-pdf/i1116.pdfI will get back with you with the information from the treaty. Thank you for your patience.**PLEASE NOTE THAT IF YOU DECIDE TO LEAVE A RATING AT THIS POINT, WHICH IS NOT NECESSARY FOR YOU TO DO SO, EVEN THOUGH YOU MAY BE GIVEN THE OPTION, PRIOR TO LEAVING A RATING OF EITHER 1 OR 2, I RESPECTFULLY XXXXX XXXXX YOU ALLOW ME TO COMPLETELY ADDRESS YOUR QUESTION**Thank you again for using JUST ANSWER.
Nearly 30 years of varied tax industry exp. Tax Biz owner
Hello again,Article 24 of the treaty between the U.S. and the U.K. eliminates double taxation. The first part of Article 24 reads as follows:In accordance with the provisions and subject to the limitations of the law of the United States (as it may be amended from time to time without changing the general principle hereof), the United States shall allow to a resident or citizen of the United States as a creditagainst the United States tax on income a) the income tax paid or accrued to the United Kingdom by or on behalf of such citizen or resident;REFERENCE SOURCE:http://www.treasury.gov/resource-center/tax-policy/treaties/Documents/uktreaty.pdf------------------------------------**Please let me know if I have fully answered your question. If not, again before leaving a rating of 1 or 2, let me know how I can further assist you.** If I have fully answered your question, a rating of 3 or above is appreciated.Thank you again for using JUST ANSWER.