I was stationed in Saudi Arabia for all of 2021, but my wife lived in the US - can we qualify for the EIC?

[JohnW152]

Assuming that you otherwise qualify to claim EIC, your being stationed overseas won’t disqualify you from the credit.

According to Residency Test on page 12 of IRS Publication 596, Earned Income Credit (EIC): 

U.S. military personnel stationed outside the United States on extended active duty are considered to live in the United States during that duty period for purposes of the EIC.
 

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[bhwahoo]

My concern is the definition of extended active duty. The best IRS explanation that I can find is - extended active duty means you are called or ordered to duty for an indefinite period or for a period of more than 90 days. This sounds like a National Guard or Reservist Soldier being called to active duty. I have always been an Active Duty Soldier and my current duty station is Saudi Arabia - does this disqualify me from the EIC? Thanks for assistance. 

[LeonardS]

Yes, you qualify for EIC while you are serving in Saudi Arabia.

[DoninGA]

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@bhwahoo wrote:

My concern is the definition of extended active duty. The best IRS explanation that I can find is - extended active duty means you are called or ordered to duty for an indefinite period or for a period of more than 90 days. This sounds like a National Guard or Reservist Soldier being called to active duty. I have always been an Active Duty Soldier and my current duty station is Saudi Arabia - does this disqualify me from the EIC? Thanks for assistance. 

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Since you are an active duty military it is not relevant what your length of time at a duty station is outside of the US.  For tax purposes you are always considered living in the US.