US Citizen - tax implications/treatment of UK salary sacrifice employee pension contributions and investments through that pension
Hi all, hope i could get some sage pointers here about whether what i summarise is correct or if not what is the correct interpretation of the regulations. I researched a bit from posts here and what i understand so far: (my status: US Citizen, employed in UK since mid 2024, UK salaried, MFJ in US (spouse does not work in UK). I recognise that it's prudent to take professional help as 2025 is first full year.
- My understanding is that UK pension contributions that come out of employee (ie my) salary pre-tax (no employer contributions) are fully exempt from US taxes for the year.
However, there's some references to limiting the exemption to only the US 402(b) limit, however there are the other references to Tax Treaty Article 18.5 that seems to allow for 100% exemption (ie above the supposed $23K under 402(b).
Is there a limit or not?
- Legal & General, which manages my pension pot in UK. I selected the default it suggested for the funds to be invested in, and it seems a target date fund created specifically for my employer's employees (only a few options exist)
Might the fund/s my pension is invested in be PFIC? It appears from learned redditors here that money managed in pension are not considered PFICs by IRS.
I understand the tax obligations/implications in US (and UK) when my pension will be drawn in later years. However do i need to start filing the forms and keeping yearly records for those funds to be treated as PFICs when withdrawn?
I do have some cash ISA whose interests income i will report to US along with 8938 / FBAR etc. Is there anything else to consider for US reporting?
When I do draw from my UK pension in later years, I will have returned to the US, with no address in or ties to the UK. Is there anything to plan for now in for that future? I might just close the iSAs though when I leave to avoid more reporting burden.
Thanks a lot for all help and pointers. If anyone has recommendations for a US/UK dual tax advisor, please would you kindly pm me if you have a moment. thanks