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Claim to refund of taxes paid in Switzerland

 

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Subject Author Date
Claim to refund of taxes paid in Switzerland kkallmes 04-11-2007
Posted by kkallmes on April 11, 2007, 11:47 pm
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In 2005 I moved from Switzerland (where I worked for a Swiss
company) to the US. At that time I took my pension as a
cash payment and I paid taxes to the Swiss government. They
will refund that tax to me if I send a form stating that the
"tax authority of the place of residence" knows about the
cash settlement. The signature must be from "the tax
authority of the foreign domicile."

I claimed this cash settlement on my 2005 taxes, which I
filed while living in Ohio. The problem is, nobody has been
able/willing to sign the form. I've asked my accountant, my
town's tax office, my state's tax office and my county's tax
office. They recommended that I contact the IRS. I've
waited at the IRS office to get in and see a representative,
but so far I haven't seen anyone. I'm going to try again,
but I wonder if anyone has any advice? This has turned into
a bit of a headache and I appreciate any suggestions you
have.

Thanks

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Posted by cballard@tyyni.net on April 12, 2007, 6:13 pm
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kkall...@gmail.com wrote:

> In 2005 I moved from Switzerland (where I worked for a Swiss
> company) to the US. At that time I took my pension as a
> cash payment and I paid taxes to the Swiss government. They
> will refund that tax to me if I send a form stating that the
> "tax authority of the place of residence" knows about the
> cash settlement. The signature must be from "the tax
> authority of the foreign domicile."
>
> I claimed this cash settlement on my 2005 taxes, which I
> filed while living in Ohio. The problem is, nobody has been
> able/willing to sign the form. I've asked my accountant, my
> town's tax office, my state's tax office and my county's tax
> office. They recommended that I contact the IRS. I've
> waited at the IRS office to get in and see a representative,
> but so far I haven't seen anyone. I'm going to try again,
> but I wonder if anyone has any advice? This has turned into
> a bit of a headache and I appreciate any suggestions you
> have.

My guess is that you need the assistance of the United
States Competent Authority. You are getting into
potentially very complex area, including the possibility of
filing for a protective claim for refund to protect yourself
from double taxation in case the U.S. Competent Authority
taxes too long to review your situation. See Revenue
Procedure 2006-54 for information on how to request
assistance from the U.S. Competent Authority. A copy of the
Rev Proc can be found here:

http://www.irs.gov/irb/2006-49_IRB/ar13.html

Depending on exactly what you need to request to resolve
your situation, the user fee for getting the Competent
Authority involved could range from nothing to $15,000.
There are some phone numbers at the end of the Rev Proc that
might be a good starting point for you.

--Chris

<< ======================================================= >>
<< The foregoing was not intended or written to be used, >>
<< nor can it used, for the purpose of avoiding penalties >>
<< that may be imposed upon the taxpayer. >>
<< >>
<< The Charter and the Guidelines for submitting posts >>
<< to this newsgroup as well as our anti-spamming policy >>
<< are at www.asktax.org. >>
<< Copyright (2006) - All rights reserved. >>
<< ======================================================= >>

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