Foreign Earned Income

My wife and I live overseas, but next year we will be traveling back to the States frequently. I intend to be physically present in the US for less than 35 days, but my wife might stay for longer periods. We file joint returns. Can I still claim the Foreign Earned Income Exclusion if my wife stays longer than 35 days in the US? My wife does not earn any income.

440

Level 3

Oct 25, 2023 11:17:49 AM

Hi MarwanM,

Since it is your earned income, the physical presence test applies to you. So yes, you should be okay if you yourself meets the 330 days abroad test, even if your wife does not. The test applies to the earned income earner.

I hope this helps,

Marty

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Foreign Earned Income