Skip to main content
Level 3
September 22, 2023
Solved

Physical Presence test foreign earned income

  • September 22, 2023
  • 1 reply
  • 10 views

Does the physical presence test start the day you enter a foreign country or the day you become a resident of that country.

 

For I example if I entered Spain on a tourist visa and then became a resident thru employment and have not left Spain since I arrived for 330 days.  When does the physical presence start from a US tax prespective?

 

Regards

 

Raj

 

 

Best answer by TomD8

See the flow chart on page 12 of this IRS reference:

https://www.irs.gov/pub/irs-pdf/p54.pdf

 

As you will see, there is no disqualifier attached to being present on a tourist visa, but there is a requirement that your tax home be in the foreign country.  "Tax home" is explained on page 11 of the same reference.

1 reply

TomD8Alumni - ChampAnswer
Alumni - Champ
September 22, 2023

See the flow chart on page 12 of this IRS reference:

https://www.irs.gov/pub/irs-pdf/p54.pdf

 

As you will see, there is no disqualifier attached to being present on a tourist visa, but there is a requirement that your tax home be in the foreign country.  "Tax home" is explained on page 11 of the same reference.

**Answers are correct to the best of my ability but do not constitute tax or legal advice.