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foreign earned income exclusion

Introduction

The Foreign Earned Income Exclusion (FEIE) is a key provision designed to help U.S. citizens and resident aliens avoid double taxation on their foreign income. This tax benefit allows qualified individuals to exclude a certain amount of their income earned abroad from U.S. taxes, reducing their overall tax burden. In this article, we’ll take a closer look at what the FEIE is, who qualifies for it, and how to claim it.

 

What Is the Foreign Earned Income Exclusion?

The Foreign Earned Income Exclusion allows U.S. taxpayers working overseas to exclude up to a set amount of their foreign-earned income from federal taxes. For 2024, the maximum exclusion is $112,000 per individual, with an additional exclusion for housing expenses in some cases.

The main purpose of the FEIE is to protect U.S. citizens working abroad from being taxed by both the U.S. and the country where they work. Without this exclusion, individuals would be subject to paying taxes on their income both to their host country and to the U.S., which could significantly reduce their take-home pay.

 

Eligibility Requirements

To qualify for the FEIE, you must meet certain eligibility criteria based on your residency status and income type:

  • Bona Fide Residence Test: To pass the Bona Fide Residence Test, you must be a U.S. citizen or resident alien who has established a tax home in a foreign country. Additionally, you need to have lived in that country for an uninterrupted period that includes an entire calendar year.
  • Physical Presence Test: If you don’t meet the Bona Fide Residence Test, you may still qualify under the Physical Presence Test. This requires you to be physically present in a foreign country for at least 330 full days during a 12-month period.
  • Qualifying Foreign Income: The income must be earned from services provided in a foreign country. This includes wages, salaries, and professional fees. However, certain types of foreign income, such as pensions or investment income, are not eligible for exclusion.

 

How to Claim the Foreign Earned Income Exclusion

To claim the FEIE, you must file IRS Form 2555 with your U.S. tax return. This form requires you to provide details about your foreign income, the countries where you live and work, and the number of days spent in those countries. Here’s a step-by-step guide to completing the form:

    • Complete your personal information: Provide your name, address, and other identifying information at the top of Form 2555.
    • Determine your residency status: Indicate whether you meet the requirements for the Bona Fide Residence Test or Physical Presence Test.
    • Calculate your foreign-earned income: List the income you earned while living and working in a foreign country.
    • Claim your exclusions: Apply the FEIE exclusion to reduce your taxable income.
    • Include any additional forms: If you’re also claiming housing exclusions, include the necessary calculations in the form.

 

Once completed, attach Form 2555 to your tax return and submit it by the filing deadline.

 

FAQs Section

 

What is the foreign earned income exclusion?

The Foreign Earned Income Exclusion allows U.S. taxpayers working abroad to exclude a certain amount of their foreign-earned income from U.S. taxes.

What is foreign exempt income?

Foreign exempt income refers to the income earned while working abroad that is eligible for the Foreign Earned Income Exclusion, meaning it is not subject to U.S. federal taxation.

What foreign income is taxable in the U.S.?

While foreign earned income can be excluded, other types of income, such as interest, dividends, or rental income, may still be subject to U.S. taxation unless specific exemptions apply.

Do I have to pay tax on money transferred from overseas to the U.S.?

Generally, transferring money from a foreign bank account to the U.S. is not a taxable event. However, the source of the money (such as earned income) may be subject to tax.

Do U.S. citizens have to pay taxes on foreign unearned income?

Yes, unearned income (such as interest, dividends, or capital gains) earned abroad is generally taxable by the U.S. unless it qualifies for an exclusion or credit.

 

Call-to-Action

Navigating the Foreign Earned Income Exclusion can be complex, and determining eligibility may require a thorough understanding of your residency status and the nature of your foreign income. If you’re unsure about your eligibility or how to file correctly, it’s a good idea to seek professional tax assistance. A tax advisor with experience in expatriate tax law can help ensure you make the most of the FEIE and avoid costly mistakes.