Uk France Double Taxation Agreement Pensions
Non-registered pension plans that do not provide tax relief in your home country are taxed as capital income. In the UK, these ineligible pensions are normally referred to as Employer-funded retirement benefit schemes (EFRB), sometimes used by owner managers. However, the declaration of such income as a “pension” is fully compliant with the rules. However, flat-rate public service pensions are exempt from social contributions, although they are often poorly taxed by the local tax authorities that collect social contributions. We have published newsletter articles on the problem you can read about under the taxation of pensions in the civil service and how a public service pension should be taxed For countries outside the EEA, double taxation treaties can also exempt the pension obligation from social contributions. If you have found that your pension abroad in the UK is taxable under UK law, the next step is to check if there is a double taxation treaty between the UK and the home country of the foreign pension to see if it says that the UK`s right to tax that income is cancelled. This is usually done by indicating that pension income is taxable only in the other country. This means that it is not taxable in the UK – and a right to exemption under the agreement can be invoked if the UK wishes to tax it under its national law. For example, an Italian national who is established in the United Kingdom (within the meaning of the double taxation convention at issue) and who receives an Italian pension for the civil service will be taxable only in Italy. If such a person were, by chance, a British national (and not an Italian national), such a pension would be taxable only in the United Kingdom. If foreign taxes have been deducted from your foreign foreign pension and you have found that your pension is taxable in the UK, you should be able to apply for double tax relief. With respect to public pensions, Article 19 provides that with respect to U.S.
pensions, under the double taxation convention with France, U.S. pensions are taxable only in the United States, with article 18 of the convention specifying that not all personal or private pensions are taxed under the “Other income” article. . . .