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kbscobravert
Level 1

For FEIE, can 2 physical Presence Periods be used In the Same tax Year, even if they don't over lap?

I have a 12 month physical presence period from April 13, 2016 to April 14, 2017 and another between August 3, 2017 to August 4, 2018.  Can I claim the qualifying days from Jan 1, 2016-April 13, 2016 and the days between August 3, 2017 and December 31, 2017?

 

Pub 54 says that 2 periods can overlap but doesn't say anything about a gap between 2 periods.

 

 

4 Replies
Carl
Level 15

For FEIE, can 2 physical Presence Periods be used In the Same tax Year, even if they don't over lap?

The physical presence test is for the tax year. So if I'm understanding correctly, you are saying that you were physically outside the U.S. from Jan 1 - Apr 14 2017 and again from Aug 3 to Dec 31 2017. So you do not meet the requirement for the tax year for being outside of the U.S.

 

kbscobravert
Level 1

For FEIE, can 2 physical Presence Periods be used In the Same tax Year, even if they don't over lap?

I qualified for the FEIE through the Physical presence test, April 10, 2016 - April 13, 2017. I met the 330/365 Physical Presence Test also between August 4, 2017 - August 3rd, 2018. In between April 13, 2017 and August 4, 2017, I was still overseas working as well but took two 20 day leave periods in the United States (1 in April, 1 in July). My question is that there are qualifying days in 2017 year in both periods. The way I read the 2555 instructions is that you can use any qualifying days in a tax year that fall within physical presence test dates.
VeloJoe
New Member

For FEIE, can 2 physical Presence Periods be used In the Same tax Year, even if they don't over lap?

Yes. I've done it before and again this year. It's covered the IRS instructions. If you were out for Jan-Aug and Nov-Dec in a given tax year, both periods can be excluded as long as each period individually meets the 330-day physical presence test. For example Jan-Aug qualifies based on Sep 2018-Aug 2019 and Nov-Dec qualifies based on Nov 2019-Oct 2020. 

daled1
Level 2

For FEIE, can 2 physical Presence Periods be used In the Same tax Year, even if they don't over lap?

Ok, but I don't see how to enter two physical presence time spans in turbotax?   I only see beginning date and an end date.  But I don't see a way to enter another set of dates?

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