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Posted

Can a US citizen working in the UK as a sole trade (their version on sole proprietor) set up a 401k or SEP based on his UK income?

Per the US/UK totalization agreement, the income is not subject to Social Security, but is reported on Sch.C  of his 1040.

I know we only use wages that are subject to social security but this is an odd situation.

Posted

MGOAdmin, since no one else has suggested an answer for you, I will tell you that I don't know for sure, but suspect you can. The plan would need to be set up with U.S. trustee. Note that whether UK will give you a deduction from your UK tax liability, and how the U.S. deduction would interact with foreign earned income exclusion, foreign tax credit, etc., needs to be thought through.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

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