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Level 2
April 8, 2026
Solved

US-Poland Treaty, article 20 and 21.

  • April 8, 2026
  • 1 reply
  • 202 views

Hello,

 

US-Poland treaty in article 20 states that all Polish taxes imposed on my salary should be counted towards my US tax obligations. 
Article 21 par. 4 states that retirement contributions shall be considered as tax.

On my Polish pay stubs social tax is divided into four categories:

- retirement

- pension

- sickness insurance

- accident insurance 

All four are summed and subtracted from gross salary on my Polish tax return (called social security tax).

Does article 21 par 4 mean retirement contribution part of social security tax should be treated as tax and therefore is eligible for US tax credit?

Moreover article 21 par 1 says that US resident (Polish citizen) can’t be taxed at higher rates than US citizen would be. In the States employee contribution to retirement plan is tax free - does it confirm that all my Polish contributions to retirement plan shall be also tax free for IRS, meaning deducted from my Polish income or declared as tax credits? In Poland retirement system consists of two programs one mandatory (ZUS) and second voluntary (PPK) to both programs contributions are made from employee salary but to ZUS it’s pre tax and to PPK is subject to taxes.

 

Best,

 

Lukasz

Best answer by pk_

Answer to both is yes.


@Wookie78    therefore you have your answer that the mandatory contribution ref'd  in my quote from the  tax treaty is to be viewed  as "tax" just like income tax. 

(1) For you to  file jointly and to be treated as resident for the whole calendar year you prepare your return on form 1040 , recognizing your world income ( from 01/01/2025 through 12/31/2025 ), include  your wife and her world income for the whole calendar year.

(2)  You both sign/date  a request to be treated as resident for the whole year -- see here

 

---> 2025 Publication 519  -

 

Pages 10 and 11 

"Statement required to make the first-year choice for 2025.

 

You must attach a statement to Form 1040 or 1040-SR to make the first-year choice for 2025. The statement must contain your name and address and specify the following.

  • That you are making the first-year choice for 2025.

  • That you were not a resident in 2024.

  • That you are a resident under the substantial presence test in 2026.

  • The number of days of presence in the United States during 2026.

  • The date or dates of your 31-day period of presence and the period of continuous presence in the United States during 2025.

  • The date or dates of absence from the United States during 2025 that you are treating as days of presence.

    You cannot file Form 1040 or 1040-SR or the statement until you meet the substantial presence test for 2026. If you have not met the test for 2026 as of April 15, 2026, you can request an extension of time for filing your 2025 Form 1040 or 1040-SR until a reasonable period after you have met that test. To request an extension to file until October 15, 2026, use Form 4868. You can file the paper form or use one of the electronic filing options explained in the Form 4868 instructions. You should pay with this extension the amount of tax you expect to owe for 2025 figured as if you were a nonresident alien the entire year. You can use Form 1040-NR to figure the tax. Enter the tax on Form 4868. If you do not pay the tax due, you will be charged interest on any tax not paid by the regular due date of your return, and you may be charged a penalty on the late payment.

     

    Once you make the first-year choice, you may not revoke it without the approval of the IRS.

    If you do not follow the procedures discussed here for making the first-year choice, you will be treated as a nonresident alien for all of 2025. However, this does not apply if you can show by clear and convincing evidence that you took reasonable actions to become aware of the filing procedures and significant steps to comply with the procedures."

     

    (3)  in TurboTax, you can go to the  "Deductions and Credits ", section and from the list of  credits  look for the  group that says " Estimated Taxes and  Foreign Tax Credits".  Choose the Foreign Credits and now  walk through TurboTax instructions/screens carefully to claim Foreign Tax Credit -- category general.  Note that the  form 1116 while recognizing dollar for dollar  foreign taxes paid ( on doubly taxed income ), limits the allowable Foreign Tax Credit to the lesser of  that actually paid and that imposed by the US --- the rest is available for carrying  ( backward 1 year or forward 10 years or till extinguished whichever is earlier) -- but requires  foreign source income for such usage.

Is there more I can do for you ?

1 reply

Level 15
April 9, 2026

@Wookie78 , while I refresh my memory on US-Poland Tax Treaty, could please tell me the following:

(a) Are you a US person ( citizen/GreenCard/Resident for Tax Purposes )?

(b) Is your current tax home --US or Poland ?

(c)  If in Poland , are you employed by a local entity or a wholly owned subsidiary of MNC ?

( d) If your tax home is US, are you also receiving income from Poland ?  and if so for what ?

 

I will circle back once I hear from you --yes ?

Wookie78Author
Level 2
April 9, 2026

Many thanks for reaching out, below are answers to your questions:

 

(a) Are you a US person ( citizen/GreenCard/Resident for Tax Purposes )?

- resident for tax purposes (spent more than 183 days in US last year)

(b) Is your current tax home --US or Poland ?

- US

(c)  If in Poland , are you employed by a local entity or a wholly owned subsidiary of MNC ?

- until end of June 2025, employed in Poland (moved to US on the 29th of Jun), form 1st of July employed in  US by US companny.

( d) If your tax home is US, are you also receiving income from Poland ?  and if so for what ?

- income from Poland was only for duration of employment in Poland 01/01-06/30.2025

Level 15
April 9, 2026

@Wookie78  thank you for your response.  One more question:

During the years 2023,2024 did you spend any time in the USA ?  Or should I assume that your entry in the USA on July 1st. 2025  was your first legal entry.

 

I ask because if you had no prior stay in the USA, thus your  residency start date using SPT ( Substantial Presence Test ) would  July 1st 2025.  In that case as a dual status why are you concerned about your earnings in Poland prior to that date ?   Are you trying use  First Year Residency  -- exposing your Polish earnings to US  but being able tom use standard deduction ?   Are you married  and with dependents ?  What visa ?