18 June 2022 5:20

Details behind Geographic Jurisdictions for IRS Form 2555

How long must a taxpayer live in a foreign country to meet the Bona Fide Residence Test?

330 full days

If you are physically present in a foreign country or countries 330 full days (a full day is 24 consecutive hours) during 12 consecutive months, you would then meet the physical presence test.

Did you have a principal place of residence in the US for more than half of 2021?

Box A. Check box “A” if you (or your spouse if filing jointly) had a principal place of abode in the United States for more than one‐half of 2021. This means your main home was in the 50 states or the District of Columbia for more than one-half of 2021. Your main home can be any location where you regularly live.

Have you filed a statement with authorities of that country that you aren’t a resident?

Statement to Foreign Authorities



You are not considered a bona fide resident of a foreign country if you make a statement to the authorities of that country that you are not a resident of that country and the authorities hold that you are not subject to their income tax laws as a resident.

How do I fill out Form 2555?


Quote: At the top of the form you put your name and social security number. If both you and your spouse qualify for the exclusion. You would each complete your own form 2555.

How does IRS verify Physical Presence Test?

Generally, to meet the physical presence test, you must be physically present in a foreign country or countries for at least 330 full days during a 12-month period including some part of the year at issue. You can count days you spent abroad for any reason, so long as your tax home is in a foreign country.

How does IRS verify foreign income?

One of the main catalysts for the IRS to learn about foreign income which was not reported, is through FATCA, which is the Foreign Account Tax Compliance Act. In accordance with FATCA, more than 300,000 FFIs (Foreign Financial Institution) in over 110 countries actively report account holder information to the IRS.

How does IRS verify primary residence?

But if you live in more than one home, the IRS determines your primary residence by: Where you spend the most time. Your legal address listed for tax returns, with the USPS, on your driver’s license, and on your voter registration card.

Can I have 2 primary residences?

You may be eligible for a second primary residence if your family has grown too large for your current house, and the loan-to-value (LTV) ratio is 75 percent or lower. This is helpful if you move other family members in to share expenses, or to care for aging parents, children or grandchildren.

What qualifies as a principal residence?

A principal residence is the primary location that a person inhabits. It is also referred to as a primary residence or main residence. It does not matter whether it is a house, apartment, trailer, or boat, as long as it is where an individual, couple, or family household lives most of the time.

Can form 2555 be filed electronically?

How can I e file? Form 2555 is part of Form 1040. You will file both to report your income and claim the foreign income exclusion. You can e-file a tax return that includes Form 2555 through TurboTax.

Was your tax home located in a foreign country?

If you do not have a regular or main place of business because of the nature of your work, your tax home may be the place where you regularly live. If you have neither a regular or main place of business nor a place where you regularly live, you are considered an itinerant and your tax home is wherever you work.

How do I fill out a 1040 foreign income exclusion?

To claim the Foreign Earned Income Exclusion, expats must file IRS Form 2555 along with their Form 1040. Form 2555 asks for confirmation that your tax home is in a foreign country. This means that the place where you work from is abroad, regardless where (or in what currency) you are paid.

How do I report income from another country?

If you earned foreign income abroad, you report it to the U.S. on Form 1040. In addition, you may also have to file a few other forms relating to foreign income, like your FBAR (FinCEN Form 114) and FATCA Form 8938.

Is form 2555 mandatory?

Who needs to file Form 2555? You need to file IRS form 2555 if you want to claim the foreign earned income exclusion. You can claim an exclusion for income you earned abroad if you qualify under the bona fide residence test or the physical presence test and if you have a foreign tax home.

Do I need to file form 2555 every year?

The FEIE is claimed by filing the Form 2555 with the IRS. Once you choose to claim an exclusion, the choice remains in effect for that year and all future years unless it is revoked. However, you need to include the form each year with your tax return in order to claim the benefit of that year.

What states have foreign earned income exclusion?

States in this category are:

  • Alaska.
  • Florida.
  • Nevada.
  • South Dakota.
  • Texas.
  • Washington.
  • Wyoming.


How can double taxation be avoided on foreign income?

To avoid double taxation of U.S. sourced income, expats must pay U.S. tax and then claim foreign tax credits in the country they live in.

Which income qualifies for 2555 exclusion?

You must have earned less than $103, of wages in a foreign country. If you have self-employment income, it is not included in this and requires Form 2555 with your expat tax return.

What requirements must be satisfied to qualify a US citizen or resident living abroad for the foreign earned income exclusion quizlet?

requirement for the Foreign Earned Income exclusion that requires the taxpayer to be present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.

Who is eligible for foreign income exclusion?

The Foreign Earned Income Exclusion allows a taxpayer to exclude up to $108,700 (2021 figure; $112,) of foreign earned income from U.S. taxation. To qualify they must meet one of two tests: the Physical Presence Test or the Bona Fide Residence Test.

Which is better foreign earned income exclusion or foreign tax credit?

If the foreign country’s income tax rate is lower than the U.S. tax rate, the Foreign Earned Income Exclusion may be more beneficial. However, if the foreign country’s tax rate is higher than the U.S. tax rate, the Foreign Tax Credit may yield better results.

What is the foreign income exclusion for 2021?

$108,700

Limit on Excludable Amount



The maximum foreign earned income exclusion amount is adjusted annually for inflation. For tax year2021, the maximum foreign earned income exclusion is the lesser of the foreign income earned or $108,700 per qualifying person. For tax year2022, the maximum exclusion is $112,000 per person.

What is the difference between Form 1116 and 2555?

Form 2555 – Foreign Earned Income, used by taxpayers to claim the foreign-earned income exclusion, housing exclusion, and housing deduction. Form 1116 – Foreign Tax Credit, used by taxpayers to claim a credit against U.S. income tax liability for income taxes paid to a foreign jurisdiction.

What happens if you don’t declare foreign income?

If you committed a non-willful violation which was not due to any reasonable cause, you may face a civil penalty of up to $10,000 per violation. If you committed a willful violation, the penalties can rise to $100,000, or 50% of the foreign account balance at the time the each violation occurred.

Can the IRS see my foreign bank account?

Yes, eventually the IRS will find your foreign bank account. When they do, hopefully your foreign bank accounts with balances over $10,000 have been reported annually to the IRS on a FBAR “foreign bank account report” (Form 114).

Do I pay U.S. income tax if I live abroad?

Yes, if you are an American living abroad as a US citizen, you must file a US federal tax return and pay US taxes on your worldwide income no matter where you live at that time. In other words, you are subject to the same rules regarding income taxation as people living stateside.