• Re: Lump Sum Distribution From Swiss Retirement Account

    From ira smilovitz@21:1/5 to All on Mon Jun 20 10:53:36 2022
    On Monday, June 20, 2022 at 10:42:31 AM UTC-4, tb wrote:
    Back in the 80s I worked for six years in Switzerland. (I have dual
    US-Swiss citizenship)

    I was employed and paid by a Swiss company; I was not a tranfer
    employee from a U.S. company.

    During that time, a portion of my salary was credited, _before tax_, to
    a Swiss retirement account that was essentially like a 401(k). Upon my returning to the U.S. all that was in that account was transferred to
    another Swiss account similar to a retirement IRA here in the USA.

    I have now reached regular retirement age according to Swiss law and
    thus I have elected to close the account and take a lump sum
    distribution.

    The Swiss administrator has paid the lump sum a few weeks ago, minus
    Swiss taxes. They will refund the Swiss taxes if I can prove to them
    that I have paid taxes here in the USA on the lump sum distribution. Apparently, there is an agreement between the US and Switzerland in
    order to avoid double taxation that allows that.

    How do I handle it with the IRS? What forms do I need to attach to my
    2022 form 1040?
    --
    tb

    --

    The Switzerland - United States Tax Treaty (Article 18) states that all pensions are taxable only in the country where the recipient is resident. You need to report the lump-sum payment in the same manner as if you had received a 1099-R from a US source
    and pay the relevant tax. I imagine this involves converting the lump-sum to USD and reporting it on lines 5a, 5b, or 6a, 6b on Form 1040.

    Ira Smilovitz, EA
    Leonia, NJ

    --
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  • From tb@21:1/5 to All on Mon Jun 20 10:40:52 2022
    Back in the 80s I worked for six years in Switzerland. (I have dual
    US-Swiss citizenship)

    I was employed and paid by a Swiss company; I was not a tranfer
    employee from a U.S. company.

    During that time, a portion of my salary was credited, _before tax_, to
    a Swiss retirement account that was essentially like a 401(k). Upon my returning to the U.S. all that was in that account was transferred to
    another Swiss account similar to a retirement IRA here in the USA.

    I have now reached regular retirement age according to Swiss law and
    thus I have elected to close the account and take a lump sum
    distribution.

    The Swiss administrator has paid the lump sum a few weeks ago, minus
    Swiss taxes. They will refund the Swiss taxes if I can prove to them
    that I have paid taxes here in the USA on the lump sum distribution. Apparently, there is an agreement between the US and Switzerland in
    order to avoid double taxation that allows that.

    How do I handle it with the IRS? What forms do I need to attach to my
    2022 form 1040?
    --
    tb

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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  • From Adam H. Kerman@21:1/5 to ira.smilovitz@gmail.com on Mon Jun 20 12:01:02 2022
    ira smilovitz <ira.smilovitz@gmail.com> wrote:
    On Monday, June 20, 2022 at 10:42:31 AM UTC-4, tb wrote:

    Back in the 80s I worked for six years in Switzerland. (I have dual >>US-Swiss citizenship)

    I was employed and paid by a Swiss company; I was not a tranfer
    employee from a U.S. company.

    During that time, a portion of my salary was credited, _before tax_, to
    a Swiss retirement account that was essentially like a 401(k). Upon my >>returning to the U.S. all that was in that account was transferred to >>another Swiss account similar to a retirement IRA here in the USA.

    I have now reached regular retirement age according to Swiss law and
    thus I have elected to close the account and take a lump sum
    distribution.

    The Swiss administrator has paid the lump sum a few weeks ago, minus
    Swiss taxes. They will refund the Swiss taxes if I can prove to them
    that I have paid taxes here in the USA on the lump sum distribution. >>Apparently, there is an agreement between the US and Switzerland in
    order to avoid double taxation that allows that.

    How do I handle it with the IRS? What forms do I need to attach to my
    2022 form 1040?

    The Switzerland - United States Tax Treaty (Article 18) states that all >pensions are taxable only in the country where the recipient is
    resident. You need to report the lump-sum payment in the same manner as
    if you had received a 1099-R from a US source and pay the relevant tax.
    I imagine this involves converting the lump-sum to USD and reporting it
    on lines 5a, 5b, or 6a, 6b on Form 1040.

    Is he literally filing a Swiss tax return to obtain the refund of
    withheld taxes? Is making a return optional or mandatory under the tax treaty?

    Just curious since you've already looked it up.

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

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    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From ira smilovitz@21:1/5 to Adam H. Kerman on Mon Jun 20 12:16:41 2022
    On Monday, June 20, 2022 at 12:02:32 PM UTC-4, Adam H. Kerman wrote:
    ira smilovitz <ira.sm...@gmail.com> wrote:
    On Monday, June 20, 2022 at 10:42:31 AM UTC-4, tb wrote:

    Back in the 80s I worked for six years in Switzerland. (I have dual >>US-Swiss citizenship)

    I was employed and paid by a Swiss company; I was not a tranfer
    employee from a U.S. company.

    During that time, a portion of my salary was credited, _before tax_, to
    a Swiss retirement account that was essentially like a 401(k). Upon my >>returning to the U.S. all that was in that account was transferred to >>another Swiss account similar to a retirement IRA here in the USA.

    I have now reached regular retirement age according to Swiss law and
    thus I have elected to close the account and take a lump sum >>distribution.

    The Swiss administrator has paid the lump sum a few weeks ago, minus >>Swiss taxes. They will refund the Swiss taxes if I can prove to them
    that I have paid taxes here in the USA on the lump sum distribution. >>Apparently, there is an agreement between the US and Switzerland in
    order to avoid double taxation that allows that.

    How do I handle it with the IRS? What forms do I need to attach to my >>2022 form 1040?
    The Switzerland - United States Tax Treaty (Article 18) states that all >pensions are taxable only in the country where the recipient is
    resident. You need to report the lump-sum payment in the same manner as
    if you had received a 1099-R from a US source and pay the relevant tax.
    I imagine this involves converting the lump-sum to USD and reporting it
    on lines 5a, 5b, or 6a, 6b on Form 1040.
    Is he literally filing a Swiss tax return to obtain the refund of
    withheld taxes? Is making a return optional or mandatory under the tax treaty?

    Just curious since you've already looked it up.
    --

    I have no idea. My initial thought, before looking at the treaty, was that he would file his US tax return and claim the foreign tax credit to reduce his US tax liability for the tax paid in Switzerland. The treaty seems to state otherwise. I don't know
    if the Swiss payor remitted the tax to the Swiss tax authorities or is just holding it in escrow pending receipt of proof of tax payment to the IRS. I do very little international tax work, but the little that I do has taught me where to begin to look
    for answers.

    Ira Smilovitz, EA
    Leonia, NJ

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From tb@21:1/5 to All on Mon Jun 20 12:41:43 2022
    On 6/19/2022 at 8:16:41 PM ira smilovitz wrote:

    On Monday, June 20, 2022 at 12:02:32 PM UTC-4, Adam H. Kerman wrote:
    ira smilovitz <ira.sm...@gmail.com> wrote:
    On Monday, June 20, 2022 at 10:42:31 AM UTC-4, tb wrote:

    Back in the 80s I worked for six years in Switzerland. (I have
    dual US-Swiss citizenship)

    I was employed and paid by a Swiss company; I was not a tranfer employee from a U.S. company.

    During that time, a portion of my salary was credited, _before
    tax_, to a Swiss retirement account that was essentially like a
    401(k). Upon my returning to the U.S. all that was in that
    account was transferred to another Swiss account similar to a retirement IRA here in the USA.

    I have now reached regular retirement age according to Swiss
    law and thus I have elected to close the account and take a
    lump sum distribution.

    The Swiss administrator has paid the lump sum a few weeks ago,
    minus Swiss taxes. They will refund the Swiss taxes if I can
    prove to them that I have paid taxes here in the USA on the
    lump sum distribution. Apparently, there is an agreement
    between the US and Switzerland in order to avoid double
    taxation that allows that.

    How do I handle it with the IRS? What forms do I need to attach
    to my 2022 form 1040?
    The Switzerland - United States Tax Treaty (Article 18) states
    that all pensions are taxable only in the country where the
    recipient is resident. You need to report the lump-sum payment in
    the same manner as if you had received a 1099-R from a US source
    and pay the relevant tax. I imagine this involves converting the lump-sum to USD and reporting it on lines 5a, 5b, or 6a, 6b on
    Form 1040.
    Is he literally filing a Swiss tax return to obtain the refund of
    withheld taxes? Is making a return optional or mandatory under the
    tax treaty?

    Just curious since you've already looked it up.
    --

    I have no idea. My initial thought, before looking at the treaty, was
    that he would file his US tax return and claim the foreign tax credit
    to reduce his US tax liability for the tax paid in Switzerland. The
    treaty seems to state otherwise. I don't know if the Swiss payor
    remitted the tax to the Swiss tax authorities or is just holding it
    in escrow pending receipt of proof of tax payment to the IRS. I do
    very little international tax work, but the little that I do has
    taught me where to begin to look for answers.

    Ira Smilovitz, EA
    Leonia, NJ

    The Swiss administrator remitted the withheld Swiss tax to the local
    Swiss tax authority. Once I figure out how to report the lump sum
    distribution on my U.S. 1040 return, I will have to send a copy of it
    to said local Swiss tax authority and I will get a refund of the Swiss
    tax that was withheld. There will be no need for me to file a Swiss
    tax return.

    --
    tb

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Adam H. Kerman@21:1/5 to nospam@example.invalid on Mon Jun 20 17:36:55 2022
    tb <nospam@example.invalid> wrote:
    On 6/19/2022 at 8:16:41 PM ira smilovitz wrote:
    On Monday, June 20, 2022 at 12:02:32 PM UTC-4, Adam H. Kerman wrote:
    ira smilovitz <ira.sm...@gmail.com> wrote:
    On Monday, June 20, 2022 at 10:42:31 AM UTC-4, tb wrote:

    Back in the 80s I worked for six years in Switzerland. (I have
    dual US-Swiss citizenship)

    I was employed and paid by a Swiss company; I was not a tranfer >>>>>employee from a U.S. company.

    During that time, a portion of my salary was credited, _before
    tax_, to a Swiss retirement account that was essentially like a >>>>>401(k). Upon my returning to the U.S. all that was in that
    account was transferred to another Swiss account similar to a >>>>>retirement IRA here in the USA.

    I have now reached regular retirement age according to Swiss
    law and thus I have elected to close the account and take a
    lump sum distribution.

    The Swiss administrator has paid the lump sum a few weeks ago,
    minus Swiss taxes. They will refund the Swiss taxes if I can
    prove to them that I have paid taxes here in the USA on the
    lump sum distribution. Apparently, there is an agreement
    between the US and Switzerland in order to avoid double
    taxation that allows that.

    How do I handle it with the IRS? What forms do I need to attach
    to my 2022 form 1040?

    The Switzerland - United States Tax Treaty (Article 18) states
    that all pensions are taxable only in the country where the
    recipient is resident. You need to report the lump-sum payment in
    the same manner as if you had received a 1099-R from a US source
    and pay the relevant tax. I imagine this involves converting the >>>>lump-sum to USD and reporting it on lines 5a, 5b, or 6a, 6b on
    Form 1040.

    Is he literally filing a Swiss tax return to obtain the refund of >>>withheld taxes? Is making a return optional or mandatory under the
    tax treaty?

    Just curious since you've already looked it up.

    I have no idea. My initial thought, before looking at the treaty, was
    that he would file his US tax return and claim the foreign tax credit
    to reduce his US tax liability for the tax paid in Switzerland. The
    treaty seems to state otherwise. I don't know if the Swiss payor
    remitted the tax to the Swiss tax authorities or is just holding it
    in escrow pending receipt of proof of tax payment to the IRS. I do
    very little international tax work, but the little that I do has
    taught me where to begin to look for answers.

    The Swiss administrator remitted the withheld Swiss tax to the local
    Swiss tax authority. Once I figure out how to report the lump sum >distribution on my U.S. 1040 return, I will have to send a copy of it
    to said local Swiss tax authority and I will get a refund of the Swiss
    tax that was withheld. There will be no need for me to file a Swiss
    tax return.

    Ah. That certainly simplifies things for you.

    --
    << ------------------------------------------------------- >>
    << The foregoing was not intended or written to be used, >>
    << nor can it used, for the purpose of avoiding penalties >>
    << that may be imposed upon the taxpayer. >>
    << >>
    << The Charter and the Guidelines for submitting posts >>
    << to this newsgroup as well as our anti-spamming policy >>
    << are at www.asktax.org. >>
    << Copyright (2011) - All rights reserved. >>
    << ------------------------------------------------------- >>

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)