Taxation of Belgium military and NATO pensions in the United States for US resident

Jun 11, 2015 1 Replies

My client lives in CT and receives both a NATO old age pension and a Service des pensions du Secteur Public (SdPSP) for military service in Belgium.



He claims that 1/3 of his income went as contributions to these old-age schema while he was working so that 2/3 is taxable. I have a letter from NATO confirming that for the NATO pension.



But is the same true for the military pension? I can deduct 1/3 from the taxable part going from line 15a to 15b?



Are either of them taxed like social security under the Belgium tax treaties that give us like-tax treatment?



Let's say the SdPSP military pension is $15,000 and the NATO pension is $30,000.



Do I put $30,000 as the total pension distribution, $20,000 taxable, and show social security of $15,000 (then limited as social security would be)?



Or do I put $45,000 as the total pension distribution, $30,000 taxable, and no social security benefits?



Thanks!


Best Answer

My reading of the NATO treaty and the tax treaty between the US and Belgium leads me to the following conclusions. I will assume your client is a resident alien of the US but not a US national.

  1. Assuming that the military pension is a government pension (can't see how it would be a private pension), it is only taxable by Belgium per Article 18(2). However, it it turns out that your client is also a US national then it is taxable by the US.
  2. There is nothing in the NATO treaty that excludes from income tax a NATO pension paid to a US resident or citizen. If we are discussing the pension scheme that currently has the employer contributing 12% of wages and the employee contributing 8% of wages, then it is taxable by the US. Please note that under the NATO treaty employees of NATO are not subject to Belgium income tax on their wages. Neither are foreign military assigned to NATO subject to Belgium income tax. As no US tax was ever paid on the wages, the whole pension is taxable by the US.

To sum up:

The US - Belgium treaty states that the US can not tax a government pension sourced from Belgium for services to Belgium unless the person is both a US resident and US national.

The savings clause in the US - Belgium treaty is not applicable to Article 18.

The NATO pension is not considered by the US to be social security and is subject to US income tax if the client is either a US resident or a US citizen.

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