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New Member
posted May 31, 2019 6:00:12 PM

Can I claim foreign income exclusion as married person whose spouse worked in the U.S. for more than 30 days within the same calendar year?

I am a U.S. citizen posted in a foreign country and meet the physical presence test to qualify for foreign income exclusion tax credit; I do not believe that I qualify for the bona fide residence test.  However, I am married and my spouse worked in the U.S. for more than 30 days within the same calendar year that I qualified for the physical presence test.  Can I still claim the credit, apply it only to the income that I earned outside of the U.S., i,e. not the income that my spouse earned in the U.S. by filing married jointly?  Or can I claim it for my income earned outside of the U.S. as married filing separately?  

0 2 1887
2 Replies
Level 9
May 31, 2019 6:00:15 PM

Yes, you can claim your Foreign Earned Income Exclusion on a Joint return, even if your spouse was in the United States for more than 30 days during that period.  Her Residence does not affect your Exclusion.


As a side note, does your spouse earn income outside of the US?  Without knowing the specifics of your situation, it is still possible that you spouse would qualify for the Foreign Earned Income Exclusion on her Foreign Income.  For example, if she was outside of the US for July 2015-June 2016 (or August 2016-July 2017), she could exclude and foreign earned income from that period.

New Member
May 31, 2019 6:00:17 PM

My husband and I both qualify to claim the FEIE - but my husband is employed, and I am self. How do we go about claiming the Foreign Housing Exclusion / Deduction? Or do we each file a 2555 separately?