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Old 09-08-2011, 09:32 AM
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Foreign Tax Exemption for 330 days overseas for 12 consecutive months

I am currently working abroad in Saudi Arabia for the next 12 months & have been informed that I have to spend 330 days of the 12-month period outside of the U.S. in order to quality for the Tax form 2555 exemption. The question I have is, if I spend 10 days vacationing in Puerto Rico & 30 days in the U.S. during the 12-month period, would I still qualify for the exemption?



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Old 09-14-2011, 02:17 PM
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“I am currently working abroad in Saudi Arabia for the next 12 months & have been informed that I have to spend 330 days of the 12-month period outside of the U.S. in order to quality for the Tax form 2555 exemption.”---->Correct, however, it depends on the situation; to claim the foreign earned income exclusion up to $92,900 for 2011 , you must have foreign earned income, your tax home must be in a foreign country, and you must be A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year;A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.REMEMBER;you do not automatically acquire bona fide resident status merely by living in a foreign country or countries for 1 year.For instance,If you go to S.A to work on a particular job for a specified period of time, you ordinarily will not be regarded as a bona fide resident of that country even though you work there for 1 tax year or longer. The length of your stay and the nature of your job are only some of the factors to be considered in determining whether you meet the bona fide residence test. So,to meet the bona fide residence test, you must have established such a residence in a foreign country. Assumne that you could have your domicile in S.A. and a bona fide residence in S.A. if you intend to return eventually to US. The fact that you go to S.A. does not automatically make S.A. your bona fide residence. If you go there as a tourist, or on a short business trip, and return to the United States, you have not established bona fide residence in S.A.. But if you go to S.A. to work for an indefinite or extended period and you set up permanent quarters there for yourself and your family, you probably have established a bona fide residence in the foreign country, even though you intend to return eventually to the United States.As an alternative to the exclusion, you may elect to include the foreign income on gross income and take a tax credit on Sch A line 8 or Form 1040 line47. I guess you can’t claim both FEIC and foreign tax credit UNLESS your foreign earned income exceeds your FEIC.Questions of bona fide residence are determined according to each individual case, taking into account such factors as your intention or the purpose of your trip and the nature and length of your stay abroad. You must show the Internal Revenue Service (IRS) that you have been a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year. The IRS decides whether you qualify as a bona fide resident of a foreign country largely on the basis of facts you report on Form 2555 . IRS cannot make this determination until you file Form 2555
Please visit the IRS Website here for more information: http://www.irs.gov/businesses/small/...0.html]Foreign Earned Income Exclusion - Requirements
“ The question I have is, if I spend 10 days vacationing in Puerto Rico & 30 days in the U.S. during the 12-month period, would I still qualify for the exemption?”----->As said above, UNLESS you meet the test of bona fide residence in S.A., you can’t claim FEIC. However, as said , since you have earned incoem in S.A. and pay taxes to the S.A. taxing authority(ies) there, you can claim your foreign tax credit on your federal and state returns by reporting either on Form 1040 line 47 or on Sch A line 8 on your return.


Last edited by Wnhough : 09-14-2011 at 02:24 PM.


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