You may qualify for an exclusion from tax of a limited amount of
income earned while working abroad. However, you must file a tax
return to claim it. In general, foreign earned income is income
received for services you perform in a foreign country. You also may
be able to claim an exclusion or a deduction from gross income for
your reasonable housing costs that are over a certain base amount.
Generally, you will qualify for these benefits if your tax home
(defined below) is in a foreign country, or
countries, throughout your period of bona fide foreign residence or
physical presence and you are one of the following:
- A U.S. citizen who is a bona fide resident of a foreign
country or countries for an uninterrupted period that includes a
complete tax year, or
- 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.
Tax home.
Your tax home is the general area of your main place of business,
employment, or post of duty where you are permanently or indefinitely
engaged to work. You are not considered to have a tax home in a
foreign country for any period during which your abode is in the
United States. However, being temporarily present in the United
States, or maintaining a dwelling there, does not necessarily mean
that your abode is in the United States. For details, see Publication
54.
Foreign country.
A foreign country, for this purpose, means any territory under the
sovereignty of a government other than that of the United States,
including territorial waters (determined under U.S. laws) and air
space. A foreign country also includes the seabed and subsoil of those
submarine areas which are adjacent to the territorial waters of the
foreign country and over which it has exclusive rights under
international law to explore and exploit natural resources. For this
purpose, U.S. possessions or territories are not foreign countries.
Waiver of time requirements.
You may not have to meet the minimum time requirements for bona
fide residence or physical presence if you have to leave the foreign
country because war, civil unrest, or similar adverse conditions in
the country prevented you from conducting normal business. You must,
however, be able to show that you reasonably could have expected to
meet the minimum time requirements if the adverse conditions had not
occurred. See Publication 54 for a list of foreign countries that
individuals have had to leave due to these conditions.
Travel restrictions.
If you violate U.S. travel restrictions, you will not be treated as
being a bona fide resident of, or physically present in, a foreign
country for any day during which you are present in a country in
violation of the restrictions. (These restrictions generally prohibit
U.S. citizens and residents from engaging in transactions related to
travel to, from, or within certain countries.) Also, income that you
earn from sources within such a country for services performed during
a period of travel restrictions does not qualify as foreign earned
income. Housing expenses that you incur within that country (or
outside that country for housing your spouse or dependents) while you
are in violation of travel restrictions cannot be included in figuring
your foreign housing amount.
Currently, these travel restrictions apply to Cuba, Libya, and
Iraq.
Exclusion of foreign earned income.
If your tax home is in a foreign country and you meet either the
bona fide residence test or the physical presence test, you can choose
to exclude from gross income a limited amount of your foreign earned
income. Your income must be for services performed in a foreign
country during your period of foreign residence or presence, whichever
applies. You cannot, however, exclude the pay you receive as an
employee of the U.S. Government or its agencies. You cannot exclude
pay you receive for services performed abroad for Armed Forces
exchanges, officers' messes, etc., operated by the U.S. Army, Navy, or
Air Force.
Credits and deductions.
If you claim the exclusion, you cannot claim any credits or
deductions that are related to the excluded income. Thus, you cannot
claim a foreign tax credit or deduction for any foreign income tax
paid on the excluded income. Nor can you claim the earned income
credit if you claim the exclusion. Also, for IRA purposes,
the excluded income is not considered compensation and, for
figuring deductible contributions when you are covered by an employer
retirement plan, the excluded income is included in your modified
adjusted gross income.
Amount excludable.
If your tax home is in a foreign country and you qualify under
either the bona fide residence test or physical presence test for the
entire tax year, you can exclude your foreign income earned during the
year up to the maximum amount shown in the schedule below.
Year |
Maximum Exclusion |
1997 |
$70,000 |
1998 |
$72,000 |
1999 |
$74,000 |
2000 |
$76,000 |
2001 |
$78,000 |
2002 and after |
$80,000 |
Beginning in 2008, the $80,000 amount will be adjusted for
inflation.
If you qualify under either test for only part of the year, you
must reduce ratably the maximum amount based on the number of days
within the tax year you qualified under one of the two tests.
Housing amount.
If your tax home is in a foreign country and you meet either the
bona fide residence test or the physical presence test, you may be
able to claim an exclusion or a deduction from gross income for a
housing amount.
A housing amount is the excess, if any, of your
allowable housing expenses for the tax year over a base amount.
Allowable housing expenses are the reasonable expenses (such as
rent, utilities other than telephone charges, and real and personal
property insurance) paid or incurred during the tax year by you, or on
your behalf, for your foreign housing and that of your spouse and
dependents if they lived with you. You can include the rental value of
housing provided by your employer in return for your services. You can
also include the allowable housing expenses of a second foreign
household for your spouse and dependents if they did not live with you
because of dangerous, unhealthy, or otherwise adverse living
conditions at your tax home. Allowable housing expenses do not include
the cost of home purchase or other capital items, wages of domestic
servants, or deductible interest and taxes.
The base amount is 16% of the annual salary of a GS-14,
step 1, U.S. Government employee, figured on a daily basis, times the
number of days during the year that you meet the bona fide residence
test or the physical presence test. The annual salary is determined on
January 1 of the year in which your tax year begins. You figure the
base amount on Form 2555.
Exclusion.
You can exclude (up to the limits) your entire housing amount from
income if it is considered paid for with employer-provided amounts.
Employer-provided amounts are any amounts paid to or for you by your
employer, including your salary, housing reimbursements, and the fair
market value of pay given in the form of goods and services. If you
have no self-employment income, your entire housing amount is
considered paid for with employer-provided amounts.
If you claim the exclusion, you cannot claim any credits or
deductions related to excluded income, including a credit or deduction
for any foreign income tax paid on the excluded income.
Deduction.
If you are self-employed and your housing amount is not provided by
an employer, you can deduct it in arriving at your adjusted gross
income. However, the deduction cannot be more than your foreign earned
income for the tax year minus the total of your excluded foreign
earned income plus your housing exclusion.
Carryover.
If you cannot deduct all of your housing amount in a tax year
because of the limit, you can carry over the unused part to the
following year only. If you cannot deduct it in the following year,
you cannot carry it over to any other year. You deduct the carryover
in figuring adjusted gross income. The amount of carryover you can
deduct is limited to your foreign earned income for the year of the
carryover minus the total of your foreign earned income exclusion,
housing exclusion, and housing deduction for that year.
Choosing the exclusion(s).
You make separate choices to exclude foreign earned income and/or
to exclude or deduct your foreign housing amount. If you choose to
take both the foreign housing exclusion and the foreign earned income
exclusion, you must figure your foreign housing exclusion first. Your
foreign earned income exclusion is then limited to the smaller of (a)
your annual exclusion limit or (b) the excess of your foreign earned
income over your foreign housing exclusion.
Once you choose to exclude your foreign earned income or housing
amount, that choice remains in effect for that year and all future
years unless you revoke it. You can revoke your choice for any tax
year. However, if you revoke your choice for a tax year, you cannot
claim the exclusion again for your next 5 tax years without the
approval of the IRS. For more information on revoking the exclusion,
see Publication 54.
Exclusion of employer-provided meals and lodging.
If as a condition of employment you are required to live in a camp
in a foreign country that is provided by or for your employer, you can
exclude the value of any meals and lodging furnished to you, your
spouse, and your dependents. For this exclusion, a camp is lodging
that is:
- Provided for your employer's convenience because the place
where you work is in a remote area where satisfactory housing is not
available to you on the open market within a reasonable commuting
distance,
- Located as close as practicable in the area where you work,
and
- Provided in a common area or enclave that is not available
to the public for lodging or accommodations and that normally houses
at least 10 employees.
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