Erisa Retirement Plan Foreign In Orange
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FAQ
Look at Employer Contributions: If your employer contributes to the plan or matches your contributions, it's likely an ERISA plan. Consider Your Employer: If you work for a private company, your plan is more likely to be ERISA. Government and church employees typically have non-ERISA plans.
However, not all retirement plans are covered by ERISA. For example, Federal, state, or local government plans and some church plans are not covered.
If you've got a foreign pension, you'll likely have some reporting to do. You'd file: FinCEN 114 (FBAR) if you held over $10,000 in foreign accounts, including your foreign pension plan, at any time of the year. FATCA Form 8938 if your combined foreign accounts and assets are worth over a certain value.
Use Form 8938 to report your specified foreign financial assets if the total value of all the specified foreign financial assets in which you have an interest is more than the appropriate reporting threshold.
Because specified foreign financial assets usually include foreign retirement plans, U.S. persons with a threshold amount of specified foreign financial assets must usually report their plans on IRS Form 8938.
When a person has a foreign pension account (such as the type of accounts indicated above), then those types of retirement accounts are considered financial accounts that are required to be disclosed on the annual FBAR.
If a financial account, such as a depository, custodial or retirement account, is held through a foreign branch or foreign affiliate of a U.S.-based financial institution, the foreign account is not a specified foreign financial asset and is not required to be reported on Form 8938.
ERISA also does not cover plans maintained outside the United States primarily for the benefit of nonresident aliens or unfunded excess benefit plans.
The FBAR is used to report foreign bank and financial accounts. The term 'financial accounts' is very broad and involves all different types of foreign accounts — including retirement plans.
You may have to file multiple forms to report the details of your foreign pension, such as: Form 3520: Required if you have any transactions with a foreign trust. Form 3520-A: Required to be filed by the company that manages your foreign pension. Form 8621: Required if PFIC rules apply.