U.S. Taxation Of Foreign Social Security Benefits (Switzerland)

Nov 07, 2017 2 Replies

I have both Swiss and U.S. citizenship and I am a resident of the U.S. for tax purposes.



In a few years, I should be able to qualify for Swiss "Social Security" benefits based on contributions that I made while I was in Switzerland working for a Swiss company. I am planning on staying in the U.S.A. when retired.



I am trying to understand how such benefit payments will be treated by the U.S. IRS.



Article 19.4 of the "TAX CONVENTION WITH SWISS CONFEDERATION" clearly says that I will owe taxes to the U.S. IRS based on such benefit payments. (I might also owe up to a 15% tax to the Swiss tax authorities, but that is an issue that I don't want to cover with this post!)



I'm fairly sure that such payments fall under the "General Rule for Pensions and Annuities" (IRS publ. 939). But I cannot find in said publication an example that covers my specific case.



Can somebody please direct me to an online site that has detailed examples on how to report foreign social security benefits? What forms will I need to fill out with my 1040 and also how to calculate the net cost would be a good start, I guess...


Your Swiss social security is subject to US tax as ordinary income. There is no general rule or simplified method to use as it is not a US pension. I have always loaded this type of payment from foreign countries on Line 21 of Form 1040 and labeled it as X Social Security where X is the name of the country. Note that this is not true for Canada and Germany, as the tax treaties with those two countries treat their social security payments as if they had been paid by the US SSA.

Unlike the US, Switzerland does not impose tax on its citizens. Like the rest of the world, Switzerland imposes income tax on its residents. Switzerland should not tax your Swiss social security. On the off chance that they have changed their law, Article 23 of the treaty allows you a foreign tax credit on your US tax return to avoid double taxation (Article 23 of the treaty.)

Thanks, Alan.

I base my statement that Swiss "Social Security" benefits fall under the U.S. IRS's "General Rule for Pensions and Annuities" on this IRS article:

And in particular this paragraph:

Foreign Social Security Pensions Most income tax treaties have special rules for social security payments. In many cases, foreign social security payments are taxable by the country making the payments. _Unless specified otherwise in an income tax treaty, foreign social security pensions are generally taxed as if they were foreign pensions or foreign annuities._ Unless a tax treaty allows it (see, e.g., the USA-Canada treaty), they are not eligible for exclusion from taxable income the way a U.S. social security pension might be.

What do you think? Wouldn't Swiss social security monthly benefits be a sort of foreign pension or foreign annuity and fall under U.S. IRS's "General Rule for Pensions and Annuities"?

PS: I am not a tax professional...

Join the Discussion

Have something to add? Share your thoughts — no account required.

Didn't find your answer?

Ask the community — no account required