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If you are living and working in a foreign country for a prolonged period, your tax home is probably in that country. If you are working in a foreign country but frequently returning to the U.S. when you are not working, you probably have maintained your tax home in the U.S., but that is a determination that you must make. The answer is essential to whether you qualify for the Foreign Income Exclusion.
The following guidance is taken from the IRS Instructions for Form 2555, to which you should refer for further help:
"Tax home test. To meet this test, your tax home must be in a foreign country, or countries (see Foreign country, earlier), throughout your period of bona fide residence or physical presence, whichever applies. For this purpose, your period of physical presence is the 330 full days during which you were present in a foreign country, not the 12 consecutive months during which those days occurred.
Your tax home is your regular or principal place of business, employment, or post of duty, regardless of where you maintain your family residence. [Emphasis added.] If you don't have a regular or principal place of business because of the nature of your trade or business, your tax home is your regular place of abode (the place where you regularly live).
You aren't considered to have a tax home in a foreign country for any period during which your abode is in the United States. However, if you are temporarily present in the United States, or you maintain a dwelling in the United States (whether or not that dwelling is used by your spouse and dependents), it doesn't necessarily mean that your abode is in the United States during that time."
If you are living and working in a foreign country for a prolonged period, your tax home is probably in that country. If you are working in a foreign country but frequently returning to the U.S. when you are not working, you probably have maintained your tax home in the U.S., but that is a determination that you must make. The answer is essential to whether you qualify for the Foreign Income Exclusion.
The following guidance is taken from the IRS Instructions for Form 2555, to which you should refer for further help:
"Tax home test. To meet this test, your tax home must be in a foreign country, or countries (see Foreign country, earlier), throughout your period of bona fide residence or physical presence, whichever applies. For this purpose, your period of physical presence is the 330 full days during which you were present in a foreign country, not the 12 consecutive months during which those days occurred.
Your tax home is your regular or principal place of business, employment, or post of duty, regardless of where you maintain your family residence. [Emphasis added.] If you don't have a regular or principal place of business because of the nature of your trade or business, your tax home is your regular place of abode (the place where you regularly live).
You aren't considered to have a tax home in a foreign country for any period during which your abode is in the United States. However, if you are temporarily present in the United States, or you maintain a dwelling in the United States (whether or not that dwelling is used by your spouse and dependents), it doesn't necessarily mean that your abode is in the United States during that time."
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