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Old 03-17-2015, 02:50 PM
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U.S. income earned abroad

A bit of background information:

I am a citizen of Poland. In 2012, I graduated from a U.S. university and in the Summer of that year began working for a U.S. employer. I held a student visa (F-1) along with an Employment Authorization Document ("EAD"). During that year my employer applied for the work-based H1B visa, but I ended up not getting it, and in the Summer of 2013 I had to move back home (Poland). I continued to work for the same company(have been working remotely for over a year-and-a-half now) while waiting for another visa (it's a very lengthy process).

Tax situation:
In early 2014, I received both a W-2 and a 1099-misc (for the 2nd half of the year) from my employer and I filed my U.S. taxes (online) as a U.S. tax resident - not sure if that was entirely correct and I feel like I may have overpaid, since, at the time of filing, I hadn't lived the U.S. in over six months.

This year, I only received a 1099-misc form, and since I have not been in the States since early July 2013, I do not meet the substantial presence test.
My questions are as follows:

1. Do I need to file my taxes in the U.S. for 2014?
2. Do I need to prove somehow that I have not been present in the U. S. since July 2013? There is a chance that I will return to the United States later this year on either an H1b visa or an employment-based green card, and in case I ever get audited, I would want it to go as seamlessly as possible.
3. Also, in case of a possible future audit, would I need to produce any tax documentation for 2014 (either U.S. or Polish)?

I am not sure if this is relevant, but my salary is still deposited into my U.S. bank account that I opened while there.


I would greatly appreciate any help.

Thank you



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Old 03-18-2015, 09:09 PM
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Posts: 4,853
In early 2014, I received both a W-2 and a 1099-misc (for the 2nd half of the year) from my employer and I filed my U.S. taxes (online) as a U.S. tax resident - not sure if that was entirely correct and I feel like I may have overpaid, since, at the time of filing, I hadn't lived the U.S. in over six months.=======>>>>>>are you treated as a us resident for tax purposes??as said, your employer applied H1B visa for you, but you ended up not getting it,I guess you are not a us resident for tax purposes so you had to file 1040nr/1040nr-ez ; as a f1 visa holder, you are exempt from fica taxes for five years; unless you married an us citizen/resident, youmust file 1040nr or( form 8843 , aslongas you were in US).

This year, I only received a 1099-misc form, and since I have not been in the States since early July 2013, I do not meet the substantial presence test.
My questions are as follows:

1. Do I need to file my taxes in the U.S. for 2014? =====>>No; as your job was not done in US but in Poland and you were NOT here in US physically, then, you may give w8ben to your payer/employer in US if you want ;however, you do not have to even issue a w8ben to your payer/employer in US. If they want you to issue them w8ben, you may do that; that doesn’t mean you must pay tax on your w2/1099misc income. As said you did your job there in Poland NOT here I US, no income is subject to US taxUNLESS YOU WERE A US RESIDENT FOR TAX PURPOSES.
2. Do I need to prove somehow that I have not been present in the U. S. since July 2013? There is a chance that I will return to the United States later this year on either an H1b visa or an employment-based green card, and in case I ever get audited, I would want it to go as seamlessly as possible.=>.I do not think so.you have my boarding pass from the flight back home from US ,and the US custom service did put any stamp on your passport.
3. Also, in case of a possible future audit, would I need to produce any tax documentation for 2014 (either U.S. or Polish)?=>No audit on yuour income that you earned in Poland UNLESS the job was done in US and you were physically present here.

I am not sure if this is relevant, but my salary is still deposited into my U.S. bank account that I opened while there.==>>No problem as mentioned above.



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