Instructions For Form 2555

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Department of the Treasury
Internal Revenue Service
Instructions for Form 2555
Foreign Earned Income
Section references are to the Internal Revenue Code.
1. You meet the tax home test (see
United States and do not meet the tax
General Instructions
below).
home test. You cannot claim either of the
2. You meet either the bona fide
exclusions or the housing deduction.
Do not include on Form 1040, line
residence test (see page 2) or the
!
Violation of Travel Restrictions
63 (federal income tax withheld),
physical presence test (see page 2).
any taxes a foreign employer
Generally, if you were in a foreign country
CAUTION
withheld from your pay and paid to the
Note. If your only earned income from
in violation of U.S. travel restrictions, the
foreign country’s tax authority instead of
work abroad is pay you received from the
following rules apply:
to the U.S. Treasury.
U.S. Government as its employee, you do
1. Any time spent in that country
not qualify for either of the exclusions or
cannot be counted in determining if you
Purpose of Form
the housing deduction. Do not file Form
qualify under the bona fide residence or
2555.
If you are a U.S. citizen or a U.S. resident
physical presence test,
alien living in a foreign country, you are
Tax home test. To meet this test, your
2. Any income earned in that country
subject to the same U.S. income tax laws
tax home must be in a foreign country, or
is not considered foreign earned income,
that apply to citizens and resident aliens
countries, throughout your period of bona
and
living in the United States. But if you
fide residence or physical presence,
3. Any housing expenses in that
qualify, use Form 2555 to exclude a
whichever applies. For this purpose, your
country (or housing expenses for your
limited amount of your foreign earned
period of physical presence is the 330 full
spouse or dependents in another country
income. Also, use it to claim the housing
days during which you were present in a
while you were in that country) are not
exclusion or deduction. You cannot
foreign country, not the 12 consecutive
considered qualified housing expenses.
exclude or deduct more than your foreign
months during which those days
See the list on this page for countries
earned income for the tax year.
occurred.
to which U.S. travel restrictions apply.
Your tax home is your regular or
You may be able to use Form
principal place of business, employment,
2555-EZ, Foreign Earned Income
Additional Information
or post of duty, regardless of where you
Exclusion, if none of your foreign earned
Pub. 54, Tax Guide for U.S. Citizens and
maintain your family residence. If you do
income was from self-employment, your
Resident Aliens Abroad, has more
not have a regular or principal place of
total foreign earned income did not
information about the bona fide residence
business because of the nature of your
exceed $80,000, you do not have any
test, the physical presence test, the
trade or business, your tax home is your
business or moving expenses, and you
foreign earned income exclusion, and the
regular place of abode (the place where
do not claim the housing exclusion or
housing exclusion and deduction. You
you regularly live).
deduction. For more details, see Form
can get this publication from most U.S.
2555-EZ and its separate instructions.
You are not considered to have a tax
embassies and consulates or by writing
home in a foreign country for any period
Foreign country. A foreign country is
to: Eastern Area Distribution Center, P.O.
during which your abode is in the United
any territory (including the air space,
Box 85074, Richmond, VA 23261-5074.
States. However, if you are temporarily
territorial waters, seabed, and subsoil)
You can also download this publication
present in the United States, or you
under the sovereignty of a government
(as well as other forms and publications)
maintain a dwelling in the United States
other than the United States. It does not
from the IRS website at
(whether or not that dwelling is used by
include U.S. possessions or territories.
Waiver of Time Requirements
your spouse and dependents), it does not
Note. Specific rules apply to determine if
necessarily mean that your abode is in
If your tax home was in a foreign country
you are a resident or nonresident alien of
the United States during that time.
and you were a bona fide resident of, or
the United States. See Pub. 519, U.S.
Example. You are employed on an
physically present in, a foreign country
Tax Guide for Aliens, for details.
offshore oil rig in the territorial waters of a
and had to leave because of war, civil
foreign country and work a 28-day on/
unrest, or similar adverse conditions, the
Who Qualifies
28-day off schedule. You return to your
minimum time requirements specified
You qualify for the tax benefits available
family residence in the United States
under the bona fide residence and
to taxpayers who have foreign earned
during your off periods. You are
physical presence tests may be waived.
income if both 1 and 2 apply.
considered to have an abode in the
You must be able to show that you
reasonably could have expected to meet
the minimum time requirements if you had
List of Countries To Which Travel Restrictions Applied in 2004
not been required to leave. Each year the
IRS will publish in the Internal Revenue
Country
Time Periods
Bulletin a list of countries and the dates
they qualify for the waiver. If you left one
Cuba
Entire year
of the countries during the period
Iraq*
January 1, 2004 through July 29, 2004
indicated, you can claim the tax benefits
Libya*
January 1, 2004 through September 20, 2004
on Form 2555, but only for the number of
*Individuals whose activities in Iraq and Libya are or were permitted by a specific or general license issued by
days you were a bona fide resident of, or
the Department of the Treasury’s Office of Foreign Assets Control (OFAC) were not in violation of U.S. law.
physically present in, the foreign country.
Accordingly, the restrictions did not apply to such individuals with respect to the activities permitted by the
If you can claim either of the
license.
exclusions or the housing deduction
Cat. No. 11901A

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