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ray238
New Member

How do you avoid paying taxes over the tax-exempt plan if you returned to the US more than 35 days?

returning to the 45 days instead of 35.
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2 Replies

How do you avoid paying taxes over the tax-exempt plan if you returned to the US more than 35 days?

pk
Level 15
Level 15

How do you avoid paying taxes over the tax-exempt plan if you returned to the US more than 35 days?

@ray238 , in order to make sure  that we are on the same page, what I understand of the situation is as follows:

(a) you , US person ( citizen/ Green Card ) are residing abroad

(b) you are employed by a local entity ( an entity organized under local laws)

(c) you are trying to exclude your foreign earned income ( wages/ self-employment income etc. ) by establishing  a foreign tax home under physical presence  test  --- 330 days  abroad in any continuous  12 month test period

(d) your question now is what if current test period  does not meet the 330 full days abroad requirement  what happens to the foreign earned income exclusion ?

 

Generally this is solved  either  (1) by choosing an alternate 12 month test period which  either begins or ends in the current tax year  being  considered  OR (2) choosing to use  foreign tax credit instead of foreign earned income exclusion.

If I am correct in my assumptions of the issue at hand,  please provide more details -- which country or countries  are involved, dates actually left and arrived in the foreign location, is this the first year of foreign tax home  etc.   The more info you provide   the better ( however note that this is a public board and personally  identifiable info  must be avoided ).

 

If I am wrong in my assumptions then please correct these so I can help

 

Is there more I can do for you ?

 

 

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