Can an employer that was contractually obligated to pay my final wages in 2020, wait until 2021 to pay the wages and tell me I would get another w2 for 2021?

[larosa02]

I worked overseas for 330 days.  Will I be able to claim those wages as  tax exempt still?

[gloriah5200]

If your last pay period paid by that employer's ended in 2021, then he can report the pay period ending in 2021 as 2021 wage income.

If you are referring to Form 2555, Foreign Earned Income Exclusion or Deduction:

If you are excluding income based on the physical presence test, then as long as you can name a period of 330 days including just 2020 and then for your 2021 return you can name a period including part of 2020 and ending in 2021, you may still qualify for the 2555 foreign earned income exclusion for both years.

Please refer to the following for additional information:

IRS Instructions for Form 2555

[larosa02]

So my wages paid Jan 3rd 2021 are eligible for Foreign Earned Income Exclusion or Deduction if I use Jan 5, 2020 to Jan 4, 2021?   How does that affect anything earned after Jan 5th?

[JeffreyR77]

You can only exclude wages you received in 2020. 

Your exclusion period for the 330 days must begin or end in the current year.  You could use the period Jan 5, 2020 - Jan 4, 2021 to count your days for the 2020 exclusion period = 362 nonwithstanding any other days in the US. 

The wages paid in 2021 cannot be excluded in 2020.  A separate test must be applied to see if the wages received in January 2021 can be excluded. 

The same period could be used: Jan 5, 2020 - Jan 4, 2021 = 362 current year 4 days  you only need a few days for a small bit of of exclusion amount to cover the final pay amount.

Form 2555 Foreign Income Exclusion Instructions