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Level 1
posted Mar 17, 2021 6:13:05 AM

If i received credit for foreign earned income exclusion from bonafide test last years but have not used the credit is that "revoking an exclusion"

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3 Replies
Expert Alumni
Mar 17, 2021 7:50:16 AM

Yes, if you used the foreign earned income exclusion last year then you must use it in the following years (if you still qualify) or revoke your choice. 

 

You can revoke your choice for any tax year. You do this by attaching a statement that you are revoking one or more previously made choices to the return or amended return for the first year that you do not wish to claim the exclusion(s). You must specify which choice(s) you are revoking. You must revoke separately a choice to exclude foreign earned income and a choice to exclude foreign housing amounts.

 

If you revoked a choice and within 5 tax years wish to again choose the same exclusion, you must apply for IRS approval. You do this by requesting a ruling from the Internal Revenue Service. Mail your request for a ruling in duplicate to:

Associate Chief Counsel (International)
Internal Revenue Service
CC: PA: LPD: DRU
P.O. Box 7604
Ben Franklin Station
Washington, DC 20044.

Since this can be a complicated tax matter you might want to discuss this further with a tax professional  who is specialized in this area.

Level 1
Mar 17, 2021 9:17:51 AM

Thank you for your response, in this case, I do not HAVE to do this revoke. I basically am interested in continuing to accrue foreign tax credit without using it because my income is below a taxable amount anyways. In this case, I should not try to revoke anything, correct? 

Expert Alumni
Mar 17, 2021 9:39:12 AM

Yes, the requirement to revoke only applies to the Foreign Earned Income Exclusion.