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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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