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Level 3
December 7, 2019
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How do I show that Social Security is nontaxable on Form 1040 for a US citizen who is a full-time resident resident of Ireland?

  • December 7, 2019
  • 22 replies
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Best answer by itonewbie

The US social security income is still reportable as taxable income on the F.1040 even though the income as described in Article 18(1)(b) is excepted from the saving clause under Article 1(5)(a).  Article 24(3) is the mechanism that is employed to eliminate US tax due on the otherwise taxable US social security income.  In other words, it should be taken care of through FTC on F.1116 and treaty disclosure would be required.

22 replies

itonewbie
itonewbieAnswer
Level 15
December 7, 2019

The US social security income is still reportable as taxable income on the F.1040 even though the income as described in Article 18(1)(b) is excepted from the saving clause under Article 1(5)(a).  Article 24(3) is the mechanism that is employed to eliminate US tax due on the otherwise taxable US social security income.  In other words, it should be taken care of through FTC on F.1116 and treaty disclosure would be required.

---------------------------------------------------------------------------------Still an AllStar
Level 3
December 7, 2019
itonewbie, thank you. Your answer led me to do some further digging and here is what I've come up with: 1. Pub 915, page 5, US citizens residing in eight specific countries (including Ireland) are exempt from US tax on their SS benefits. Page 6, if SS benefits are not taxable and you are reporting on 1040, you report your full net benefits on line 20a and enter -0- on line 20b. That should be the end of it. I also looked at Pub 514 Foreign Taxes for Individuals, page 7, which states "You cannot take a credit for foreign taxes paid or accrued on certain income that is excluded from US gross income" but I don't think I'd need to go this far because of my interpretation of Pub 915. I take this to include Social Security benefits excluded from US income. I did look at Form 1116 and I see a checkbox at the top for "certain income re-sourced by treaty". As for treaty disclosure, the instructions for form 8833, page 3, list exemptions from reporting, which include social security (third column, third bullet point). I did also read carefully the treaty Articles 18 and 24 as well as the related technical explanations. Article 18 states what we've already agreed upon, that a US citizen resident in Ireland is not subject to US tax on SS benefits (but is subject to Irish tax). I think that Article 24 is superfluous in this case because of what I read in Pub 915. If I'm right in this, my only problem is how to get my tax program to put a -0- on line 20b, which is a software issue. If I'm wrong, please tell me where my analysis has gone astray.
IRonMaN
Level 15
December 7, 2019

Why would it be nontaxable?

Slava Ukraini!
Level 3
December 7, 2019
Because ff the tax treaty between the US and Ireland, it is fully taxable in Ireland, but not taxable in the US
Level 8
December 7, 2019

I checked on our tax treaties with a few other countries with this situation and they all had the US citizen paying taxes on US Social Security on their 1040 but they did not have to pay US taxes on the Social Security from the country where they are a resident. The Philippines is one example.

itonewbie
Level 15
December 7, 2019
The right to tax certain item differs by treaty based on negotiation between the US and the treaty partner.  The one with Ireland is one of those that assigns the sole right to tax social security income to the country of resident and where the article is excepted from saving clause.
---------------------------------------------------------------------------------Still an AllStar