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Level 2
posted Oct 25, 2023 11:20:37 AM

Claiming Foreign Income Exclusion in a year with both a foreign employer and as a remote independent contractor with US based clients still living abroad

I have lived abroad for 7 years and always filed the foreign income exclusion. This year, I worked the first two months abroad for a foreign employer, but then I started working remotely as an independent contractor for companies registered in the US, but I still resided abroad for the whole year and I qualify for the bona fide resident test. Does this mean all of my income is still excluded from US income tax? Or must I pay taxes on the independent contractor work since it is with companies registered in the  US? And if I do pay taxes for the independent contractor work with companies based in the US, can my income and bonuses with my foreign employer from the fist two months still be excluded?

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1 Replies
Employee Tax Expert
Oct 25, 2023 12:37:29 PM

Hi @StephA !

 

Yes, you can still claim the exclusion for the income.  Foreign earned income for the exclusion is based on the place where you perform the services to earn the income, not where it comes from.  There is a limit on the amount of the exclusion that changes from year to year based on inflation.  

 

The self-employment income that is excluded for income tax, will still be subject to self-employment tax.

 

Here are some resources that may help you going forward:

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion-what-is-foreign-earned-income

 

https://www.irs.gov/individuals/international-taxpayers/foreign-earned-income-exclusion#:~:text=However%2C%20you%20may%20qualify%20to,%2C%20and%20%24120%2C000%20for%202023).

 

Hope this helps!

Cindy