FEIE BFR and PFT

[stormin]

I worked with a residence visa in Germany from January1, 2019 through August 2021. When my visa expired. I remained in Europe from September through December 2021. I spent less than  10 days in the U.S. in 2021. I  believe I qualify under the bfr test from January 1, 2021 through August 31, 2021 and under the ppt test for the remainder  of 2021. My problem is that Turbotax EasyStep requires me to elect one or the other. Can I go ahead and just ignore this and complete both sections of the Form 2555? I welcome your thoughts.

Stormin

[DaveF1006 · Accepted solution]

It depends. According to this IRS source, if you lived in Germany the entire time from 01/01/2021 through 12/31/2021 for an uninterrupted stay, you can qualify as an Bona-fide resident. The brief visit to the US will not disqualify you from being a bona-fide resident. 

It sounds like you would qualify for the physical presence test also according to IRS.gov, If you lived in Germany for at least 330 days in 2021, you will be able to qualify. 

Use one or the other but can't use both.  The 2555 won't allow it.