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Foreign Earned Income while being a permanent resident in the US in 2024
Background:
I am a Japanese citizen and currently have a permanent residence card in the US. I left the US on 8/25/2024 and arrived in Japan on 8/26/2024 with my daughter who is a US citizen. My spouse is a US citizen and remains in the US throughout 2024. I started working for a local Japanese company on 10/16/2024.
I don’t meet the physical presence test nor tax home test so I am considering filing Form 2350 (extension) in order to meet the physical presence test for the period July 26, 2024 – August 27, 2025 to get the Foreign Earned Income Exclusion.
Questions:
- I am currently a permanent resident as of now /3/9/2025 but I might let go of my permanent residency and permanently live in Japan (not going back to the States) in 2025. If so, when I meet the physical presence test, I may no longer be a permanent resident later in 2025. Even that's the case, can I still file Form 2350 since I was a permanent resident at the end of 2024 (12/31/2024) or do I have to be permanent resident during all the physical presence test period?
- If I am meeting the physical presence test before October 15, should I just file Form 4868 (regular extension) rather than Form 2350?
- We want to file married filling jointly. Can I still file Form 2350 (or Form 4868) even if only my daughter and I live abroad and not my spouse?
Topics:
March 9, 2025
7:00 AM