Basic Questions - bona fide residence test

[ThisIsMeRightNow]

Hello! Thanks in advance for your help.

Not sure if this is the right area for this post.

Our situation is a little unusual...

We lived and worked in Germany August 2017-August 2018 and used the physical presence test before.  Then we were in the US from August 2018-August 2019.

Now, we are once again in Germany, living/working overseas, as of August 2019.

So, first question is, do we already qualify for the physical presence test and/or the bona fide residence since we've lived here before? 

If not, we understand that you have to show residence for 330 days to be able to not have to pay US takes on your foreign income.  Out question...

Since we've only been here since August 2019. But we are definitely staying 2 years (as per my wife's contract). So, do we have to wait until August 2020 to file our US taxes to get the bona fide residence? Or can we file whenever, because the intention to stay (with residence permit and work contract) is enough?  We don't want to have to file, pay taxes on it, and then have to do an amended return.

Any help would be welcome!

Thank you!

[KarenJ2 · Accepted solution]

You do not currently qualify for the foreign earned income exclusion.

You can file an extension, Form 2350, to extend your 2019 tax return to next August or September for the physical presence test.

You will not be able to file your return until you have qualified for the exclusion.  When you mail your extension to the IRS, pay any balance due so you do not accrue any interest or penalties.

You may wish to also mail Form 4868,to extend your tax return to October 15, 2020.  I suggest this in case something happens in your life where you need to return to the US before qualifying for the exclusion.