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Posted Tue, 08 Aug 2023 18:51:52 GMT by Steven
Hi Can you please advise as I would like to make sure that I am declaring and treating my Inherited IRA income correctly, as reading the forum I am seeing different answers. I inherited a Vanguard IRA when my father passed away and I have been declaring the mandatory drawdown once a year and detailing it as Foreign Pension Income on my tax return and paying tax at 20%. This was advice from my accountant at that time. 1) can you please confirm whether it should be declared as a Foreign Pension, or is this incorrect and it should be declared elsewhere? (I note someone was declaring it as Foreign interest) 2) Is this mandatory drawdown definitely taxable? 3) If I draw the full sum and close the account, is this taxable? As again i have seen different answers ont he forum. Thank you, 

Name removed admin 
Posted Wed, 09 Aug 2023 10:15:55 GMT by Steven
Just to add, I have reviewed HMRC's response to the forum post below which appears to be the same issue as mine and advises there is tax due on the annual drawdowns and should be declared as foreign interest, with the lump sum no tax due being that it forms part of the inheritance. If you can please confirm this it would be much appreciated, Thank you
Posted Fri, 11 Aug 2023 11:34:42 GMT by HMRC Admin 10
UK/US citizens resident in the UK are taxable on their IRA interest in the UK.  
IRA's are treated differently from Roth IRA's, in that they are taxable in the UK under foreign interest.  
The gross interest would be declared in the self assessment tax return, using the supplementary page SA106.  
The interest would be treated in the same way as UK interest and attract that starting rate of £5000.00.  
Have a look at :
Tax on savings interest
DT19852 implies that tax is not payable in the USA on this interest. 
Posted Fri, 11 Aug 2023 11:40:55 GMT by HMRC Admin 10
IRA interest is definitely taxable in the UK and should be shown on a self assessment tax return every year, as foreign interest.  
It is the interest that is taxable, not the balance, should you close the account.
Posted Fri, 11 Aug 2023 11:46:28 GMT by Steven
Hi Thank you for confirming, much appreciated and i will ensure it is declared as foreign interest going forward.
Posted Mon, 23 Oct 2023 13:49:27 GMT by Bodhi
I have this issue also and want to make sure I am perfectly clear and in compliance. Am I right? The interest I earn on my IRA or any bank account in the USA needs to be declared on form SA106 as foreign interest? AND, the balance in the IRA account is not taxed when the iRA is closed?
Posted Thu, 26 Oct 2023 14:59:59 GMT by HMRC Admin 5
Hi Bodhi

Yes that is correct.

Thank you
Posted Fri, 27 Oct 2023 18:43:13 GMT by S Thomas
Similar situation I have 2 IRA'S from my late mother's estate. I pay UK tax in the uk as domiciled as a legal resident. Mother was USA citizen and never lived in UK. I am a USA citizen domiciled in the UK for 25+yrs. I file a self assessment in uk with tax advisor. Please explain is my inherited IRA'S treated as foreign inheritance, foreign pension (I never contributed to it), or will I pay foreign interest on the gain from the date of death of my late mother (June this year). please advise and which forms required for filing 2023 tax year. This will determine if I cash them both out or create inherited IRA and drawdown funds over 10 yrs.
Posted Mon, 30 Oct 2023 12:10:45 GMT by john2938
Don't cash out the IRAs without talking to a US tax advisor. I'm a retired US citizen resident in UK with a US IRA and taking annual distributions but if I took the cash out of the IRA as a lump sum I would probably have to pay US income tax on the entire balance in the year that I took the cash. This could be an unpleasant surprise for you if the amount in your IRAs is substantial.
Posted Wed, 01 Nov 2023 10:22:15 GMT by HMRC Admin 19
Hi Stephanie Thomas,

You will not declare the inheritance and any tax due is only on the interest that is received from the IRA, this is declared as foreign interest.

You may wish to contact a financial adviser regarding your options.

Thank you.
Posted Mon, 13 Nov 2023 15:10:53 GMT by john2938
You say that a distribution from a US IRA is treated as UK interest for UK tax purposes, and that this interest would attract the starting rate of £5000.00. Does this mean that even if my other income exceeds the personal allowance (£12570 for the current year) and I have no other interest income, the first £5000 of the distribution would be free of UK tax? Second, I infer from the statement by Admin 5 in response to Bodhi that if I close my IRA and take all the cash out as a single lump sum, there's no UK tax to be paid. What would the UK tax consequence be if I took my required distribution (which I have been doing annually for the last several years) and then took a voluntary distribution of, say, one third of the remainder, would that also be treated as a lump sum with no UK tax payable?
Posted Wed, 15 Nov 2023 15:00:52 GMT by HMRC Admin 5
Hi john2938

The £5000 starting rate only applies if your other income is under £17570.                                                                                                                                                                                                                                                                                        Periodic, frequent, payments or withdrawals (e.g. weekly, monthly, annually etc.), then those payments would have been taxable within the UK and ‘maybe’ exempt from US tax.
This is in accordance with Article 17(1)(a) of the DTA which, again from the perspective of a UK resident, states:  

‘Pensions and other similar remuneration beneficially owned by a resident of a Contracting State [UK]shall be taxable only in that State [UK].’ 

As a result, these periodic payments are fully taxable in the UK and should be declared to HMRC on the Foreign Income pages (SA106) of a self-assessment return.
If US tax has also been paid on those payments, then it is important to note that no UK tax relief can be claimed to offset that US tax charge against any UK tax due - Instead, you must approach the US Internal Revenue Service (IRS) to claim US tax relief and the type of US tax relief available will differ depending on whether or not you are a US Citizen.   
If you are not a US citizen, then periodic pension payments will be fully exempt from US tax and you should claim a full repayment from the US IRS.
However, if you are a US Citizen, you will only be permitted to claim the US version of FTCR, which will offset the UK tax paid against a US tax charge.
This is because the US taxes its citizens worldwide income, regardless of where they are resident.
So, if you are a US citizen, then Article 1(4) (as outline above) would kick in again and, this time, allow the US to tax any periodic payment received, despite Article 17(1) providing the UK with the sole right to tax.
Again, Article 1(4) effectively ‘overrides’ Article 17(1), and the consequence is that both the UK and USA can tax any periodic payments received.   
In these situations, double taxation will occur since both the UK and the USA can tax the same income.
However, this time, it is for the US to eliminate that double taxation, since they are the ones invoking Article 1(4). This is in accordance with Article 24(1)(a) of the DTA, which states:  

‘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 credit against the United States tax on income:  
the income tax paid or accrued to the United Kingdom by or on behalf of such citizen or resident.’
In summary, both periodic and lump sum payments from Traditional IRAs are taxable in the UK and need to be declared on the on the Foreign Income pages (SA106) of a self-assessment return.
The only difference is that periodic payments are taxable in the UK, so any US tax paid on those payments should be refunded by the IRS or, if you are a US Citizen, you should claim the US version of FTCR and offset the UK tax paid against the US tax charge. Whereas ’non-periodic’ or lump sum payments are taxable in both the UK and USA. In this situation, the UK should provide FTCR to offset the US tax correctly paid against the UK tax charged on that payment. 
Thank you

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