Adam Smith

Dear HMRC You seem to have ignored the points I raise in my post. In addition to the points I raise, article 18 of the tax treaty protects the income within the US pension plan until there is a distribution. What UK domestic legislation overrides the tax treaty? (clue..... it doesn't, it's actually the other way round). See INTM152060

Dear HMRC, An IRA is a a recognised pension plan in the US. It is also recognised under the US/UK treaty as a pension scheme as it meet the definition in article 3 o). Under article 17 1 (a) the UK would have the taxing right on distributions to a beneficiary resident in the UK (let's ignore para 2 for now). Under article 24 the US would be required to give double tax relief for UK tax paid on the distribution as the US only has a taxing right due to the savings clause. Could you please elaborate on how you conclude that income within the plan is subject to tax as interest income? Thank you