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I was in almost your exact situation - splitting time between US and Hungary (about 7 months there, 5 months here). I learned that establishing a "tax home" in the foreign country is crucial. For me, what worked was using the Foreign Housing Exclusion alongside the FEIE. Since you won't qualify for the Physical Presence Test, focus hard on documenting everything for the Bona Fide Residence Test. Keep all your Polish bank statements, rental agreements, utility bills, residency permit paperwork, etc. Also, don't forget about FBAR requirements if your foreign accounts exceed $10,000 total at any point in the year! I got hit with penalties for missing that.
Thanks for sharing your experience! Did you have any issues with the IRS questioning your Bona Fide Residence status since you were still in the US for almost half the year? And did you have to pay US taxes on the portion of your income earned while physically in the US?
I did initially get some questions from the IRS about my Bona Fide Residence status. What helped my case was having documentation showing I was paying taxes in Hungary, had a permanent residence there (rental agreement), maintained local bank accounts, and had community ties (memberships in local organizations). The key factor that seemed to satisfy them was that my life was clearly centered in Hungary, with US visits being temporary. Yes, I absolutely had to pay US taxes on income earned while physically working in the US, even though it was for my Hungarian employer. I tracked my work days by location and reported accordingly. I used a time-tracking app that logged my IP address to help document where I was working each day, which was helpful documentation.
Don't forget about Form 8833 for claiming treaty benefits! The US-Poland tax treaty might let you avoid double taxation, but you MUST file this form to claim the benefits. I missed this my first year as an expat in Germany and it was a huge headache. Also, look into whether you qualify as a tax resident in Poland under their rules. Sometimes you can be a tax resident of both countries, which is when the treaty provisions become super important.
Form 8833 isn't always required though. The instructions specifically say you don't need it for claiming foreign tax credits or the foreign earned income exclusion. You only need it for treaty positions that aren't already covered by existing forms.
You're right about Form 8833 not being required for standard foreign tax credits or the FEIE. I should have been more specific - I was thinking about treaty-specific provisions that might help in a split residency situation, particularly the "tie-breaker" rules that determine which country has primary taxing rights when you're technically a resident of both. For example, if both the US and Poland consider you a tax resident under their respective domestic laws, the treaty's tie-breaker provisions would determine where your primary tax residence is. Claiming that type of treaty benefit typically does require Form 8833. This became relevant in my case because Germany considered me a tax resident based on my having an apartment there, even though I didn't meet the US FEIE requirements that year.
Something else to consider is contacting the IRS Office of Professional Responsibility anonymously to get guidance. They handle Circular 230 violations and can advise on proper reporting procedures without requiring you to identify yourself initially. I've done this in the past when I discovered a colleague was improperly claiming education credits for ineligible clients. The OPR was extremely helpful and outlined exactly what documentation would be needed for a formal report. This preliminary step helped me understand my obligations without immediately triggering a formal investigation.
This is actually really helpful advice I hadn't considered. Do you happen to know the best contact method for reaching OPR anonymously? Would this be instead of filing Form 14157 or in addition to it?
You can reach the Office of Professional Responsibility through their general line at 202-317-6897. While they'll ask for your name, you can explain that you're seeking initial guidance without filing a formal report yet. They're accustomed to preparers calling for ethical guidance. This would be a step to take before filing Form 14157. The benefit is that they can help you understand whether the situation warrants formal reporting and what specific documentation would strengthen your case. They might also suggest alternative approaches depending on the details. After speaking with them, you can make a more informed decision about proceeding with the formal 14157.
Don't forget that your state board of accountancy or tax preparer oversight board might also be appropriate places to report this, especially if the preparer has state credentials. Some states take a more active approach to preparer misconduct than the federal system.
To explain this really simply: Think of it this way - Your employer took $3350 out of your checks throughout the year for taxes. Without the Saver's Credit, your actual tax bill is $2000. $3350 - $2000 = $1350 refund With the Saver's Credit, your tax bill drops to $1330. $3350 - $1330 = $2020 refund The credit is "non-refundable" because it can only reduce your tax bill to zero, not below zero. But since your withholding is higher than your tax bill even after the credit, you get more back.
This is the clearest explanation I've seen! Quick follow-up: does this mean if my tax bill was only $500 before the credit, I'd only get $500 of benefit from the $670 credit since it can't go below zero?
That's exactly right! If your tax bill was only $500 before the credit, you'd only get $500 of benefit from the $670 credit, not the full $670. The remaining $170 would essentially be "lost" because non-refundable credits can't reduce your tax liability below zero. This is why refundable credits (like the Earned Income Credit or Additional Child Tax Credit) are more valuable for lower-income taxpayers - they can actually give you back more than you paid in.
Don't waste your money on TurboTax Deluxe! You can file with the Retirement Savings Credit for FREE using FreeTaxUSA or the IRS Free File program. TurboTax intentionally locks these credits behind paywalls even though other services include them in their free versions.
Can confirm. I used FreeTaxUSA this year and claimed the Retirement Savings Credit with their free version. Only had to pay like $15 for state filing. TurboTax wanted $120+ for the same exact thing.
Just wanted to add that when you do respond to the CP2000, make sure you respond to EVERY item they're questioning, even if you agree with some parts and disagree with others. I made the mistake of only addressing the items I disagreed with, and it caused more confusion and delays. Also, if you're requesting an extension, do it as early as possible! The closer you get to your deadline, the more stressful it becomes.
This is really helpful! When I respond, should I send copies of all my documentation or just the specific records related to the discrepancies they found?
Only send copies of the specific documentation that directly addresses the discrepancies mentioned in your CP2000. Sending too many unrelated documents can actually confuse the review process and potentially delay resolution. Make sure each document you send clearly relates to a specific item they're questioning. I like to use a cover letter that lists each discrepancy and exactly which supporting documents address each one. This makes it easier for the IRS agent reviewing your case to connect your evidence to their questions.
Has anyone here ever had their extension request denied? I'm in a similar situation with a CP2000 notice, and I'm worried about what happens if they say no to giving me more time.
Ava Thompson
Just curious - has anyone tried any of the YouTube channels that explain tax concepts? I've been watching "Tax Planning Strategy" channel and find their explanations way easier to understand than books sometimes.
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Miguel Herrera
ā¢I like "The Real Estate CPA" channel. They have awesome videos specifically about rental property tax strategies and explain things clearly without too much jargon. Their series on cost segregation studies saved me thousands on my rental properties.
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Ava Thompson
ā¢Thanks for the recommendation! I'll definitely check out The Real Estate CPA channel. I agree that videos can sometimes make complex topics easier to understand than text. It helps to see someone work through examples step by step.
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Zainab Ali
One thing to watch out for with tax books - make sure you're getting the most recent edition! The tax code changes every year and something that was true in 2023 might not apply for 2025 taxes. I learned this the hard way when I tried to claim a deduction that had been eliminated.
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Jamal Edwards
ā¢Great point! I definitely need current information. Do you have any recommendations for resources that are updated regularly?
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Zainab Ali
ā¢The J.K. Lasser guides mentioned earlier are updated annually, so that's a safe bet. The "Income Tax Guide for Investors" by Michael Zhuang is also updated each year and has good real estate sections. If you want something that's constantly current, the Kiplinger Tax Letter is a subscription service that sends updates whenever tax laws change. A bit pricey but worth it if you're managing multiple properties and need to stay on top of changes.
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