pk
Level 15
Level 15

Deductions & credits

@fjordlander , I applaud your  diligence in reading through all the material associated with the subject -- eligibility for "Foreign Earned Income Exclusion".  And you are correct in that  the tax rules  do not explicitly  either limit  the number of  "Test Periods" and therefore begs the question what happens  when one ends a foreign tax home in the earlier part of the year  and starts a new one  during the latter part of the year.  This is your particular case.

Code section 911 provides the basis of the pub 54 and all the write-ups by the IRS on this subject  --- consistently  referring  to your freedom to choose the  test period  that covers  the most of your earnings for exclusion.  I think the reasoning here is that  in case of service breaks as in your case , you can choose  a combination of Tax credit and income exclusion to cover all of your foreign earnings.  My personal  view of this is that this does a dis-service to the those few tax-payers that are in your type of situation ( large break period  between foreign assignments/ stays ) and have US income in between --- because in such a case the un-excluded  and foreign taxed  portion does not match the benefit if the whole foreign amount could be excluded.  However I have not found any case-law in this either -- probably has not been litigated.

 

Does this make sense ?

 

pk

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