How do you avoid paying taxes over the tax-exempt plan if you returned to the US more than 35 days?

ray238 — Tue, 10 Mar 2026 06:21:36 GMT

returning to the 45 days instead of 35.

Re: How do you avoid paying taxes over the tax-exempt plan if you returned to the US more than 35 days?

Anonymous_ — Sat, 22 Oct 2022 14:29:46 GMT

@pk

See https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion-physical-presence-test

Re: How do you avoid paying taxes over the tax-exempt plan if you returned to the US more than 35 days?

pk — Sat, 22 Oct 2022 20:22:37 GMT

@ray238 , in order to make sure that we are on the same page, what I understand of the situation is as follows:

(a) you , US person ( citizen/ Green Card ) are residing abroad

(b) you are employed by a local entity ( an entity organized under local laws)

(c) you are trying to exclude your foreign earned income ( wages/ self-employment income etc. ) by establishing a foreign tax home under physical presence test --- 330 days abroad in any continuous 12 month test period

(d) your question now is what if current test period does not meet the 330 full days abroad requirement what happens to the foreign earned income exclusion ?

Generally this is solved either (1) by choosing an alternate 12 month test period which either begins or ends in the current tax year being considered OR (2) choosing to use foreign tax credit instead of foreign earned income exclusion.

If I am correct in my assumptions of the issue at hand, please provide more details -- which country or countries are involved, dates actually left and arrived in the foreign location, is this the first year of foreign tax home etc. The more info you provide the better ( however note that this is a public board and personally identifiable info must be avoided ).

If I am wrong in my assumptions then please correct these so I can help

Is there more I can do for you ?

topic How do you avoid paying taxes over the tax-exempt plan if you returned to the US more than 35 days? in Get your taxes done using TurboTax

How do you avoid paying taxes over the tax-exempt plan if you returned to the US more than 35 days?

Re: How do you avoid paying taxes over the tax-exempt plan if you returned to the US more than 35 days?

Re: How do you avoid paying taxes over the tax-exempt plan if you returned to the US more than 35 days?