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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29656
Experience:  Taxes, Immigration, Labor Relations
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Is there someone who can aswer a US tax question for me. I

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Is there someone who can aswer a US tax question for me. I receive a small $ pension from American company for whomI used to work. They deduct a UC NRA amount from the pension as I do not have a US address. The cheque is mailed to Mother in the UK who forwards it to me in Turkey where I am now a full time resident...The UC NRA withholding represents approx 30% of the pension amount. I would like to know whether I can get this UC NRA refunded and if so how. Many thanks.


Hi and welcome to Just Answer!
Are you US citizen?


Assuming you are NOT an US citizen - and are a nonresident alien - the general rule is - pension income related to past employment in the US is considered income from US sources and as such is taxable in the US.
However - because you are a resident of Turkey - you should be aware of the tax treaty between the US and Turkey which overrides the general tax law - see page 20 - - ARTICLE 18 Pensions and Annuities

1. Subject to the provisions of paragraph 2 of Article 19 (Government Service), pensions and other similar remuneration paid to a resident of a Contracting State in consideration of past employment, whether paid periodically or in a lump-sum, shall be taxable only in that State.

So far - US pension should be only taxed in Turkey and should not be taxed in the US.


What you need to do - provide a signed form W8BEB to the payer and mention that paragraph of the tax treaty as an exclusion from ANY withholding.
Here is the form to print -


To claim a refund for taxes that were already withheld - you need to file a tax return as a nonresident - form 1040NR - and claim pension income as not taxable based on the tax treaty I referenced above.
Let me know if you need any help or clarification.


I think this is the best response I have ever received from a Just Answer lawyer in the 2 or 3 years that I have been using this service. Anyone who is lucky enough to have you respond to their question is getting incredibly good value for their money! I do hope that you can bring my comment to the attention of senior executives within the company that owns Just Answer..Many thanks. TM


Appreciate your warm words.
Just want to let you know that I am NOT an attorney and not a CPA - but I do tax preparation.
My goal is to provide EXCELLENT service - and I will address all your concerns and tax related issues. Please feel free to ask for clarification as needed.


You may also review my other answers -

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