2012 Instructions For Form 2555-Ez - Foreign Earned Income Exclusion

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2012
Department of the Treasury
Internal Revenue Service
Instructions for Form
2555-EZ
Foreign Earned Income Exclusion
Additional Information
The term “foreign country ” does not
Section references are to the Internal Revenue
Code unless otherwise noted.
include U.S. possessions or territories. It
Pub. 54, Tax Guide for U.S. Citizens and
does not include the Antarctic region.
Future Developments
Resident Aliens Abroad, has more
information about the bona fide residence
Who Qualifies
For the latest information about
test, the physical presence test, and the
developments related to Form 2555-EZ
You can use Form 2555-EZ to claim the
foreign earned income exclusion. You can
and its instructions, such as legislation
foreign earned income exclusion if all of
get this publication from most U.S.
enacted after they were published, go to
the following apply.
Embassies and consulates or by writing
You meet the seven conditions listed at
to: National Distribution Center, 1201 N.
the top of Form 2555-EZ.
Mitsubishi Motorway, Bloomington, IL
What's New
Your total foreign earned income
61705-6613. You can also download this
received in 2012 is reported on Form
publication (as well as other forms and
Exclusion amount. For 2012, the
1040, line 7.
publications) at IRS.gov.
maximum exclusion has increased to
You do not have a housing deduction
$95,100.
Waiver of Time
carryover from 2011.
You meet either the bona fide residence
Requirements
General Instructions
test (see the instructions for lines 1a and
If your tax home was in a foreign country
1b, later) or the physical presence test
and you were a bona fide resident of, or
Do not include on Form 1040,
(see the instructions for lines 2a and 2b,
physically present in, a foreign country
line 62 (federal income tax
!
later).
and had to leave because of war, civil
withheld), any taxes a foreign
You meet the tax home test (see the
CAUTION
unrest, or similar adverse conditions, the
employer withheld from your pay and paid
instructions for line 3, later).
to the foreign country's tax authority
minimum time requirements specified
Note. Income from working abroad as an
instead of to the U.S. Treasury.
under the bona fide residence and
employee of the U.S. Government does
physical presence tests may be waived.
not qualify for the foreign earned income
You must be able to show that you
Purpose of Form
exclusion. Do not file Form 2555-EZ.
reasonably could have expected to meet
If you qualify, you can use Form 2555-EZ
the minimum time requirements if you had
Married Couples
instead of Form 2555, Foreign Earned
not been required to leave. Each year the
Income, to figure your foreign earned
If both you and your spouse qualify for,
IRS will publish in the Internal Revenue
income exclusion. You cannot exclude
and choose to claim, the foreign earned
Bulletin a list of the only countries that
more than your foreign earned income for
income exclusion, figure the amount of the
qualify for the waiver for the previous year
the year.
exclusion separately for each of you. You
and the dates they qualify. If you left one
must each complete separate Forms
of the countries during the period
General Information
2555-EZ.
indicated, you can claim the foreign
earned income exclusion on Form
If you are a U.S. citizen or a U.S. resident
Community income. The amount of the
2555-EZ, but only for the number of days
alien living in a foreign country, you are
exclusion is not affected by the
you were a bona fide resident of, or
subject to the same U.S. income tax laws
income-splitting provisions of community
physically present in, the foreign country.
that apply to citizens and resident aliens
property laws. The sum of the amounts
living in the United States.
figured separately for each of you is the
If you can claim the foreign earned
total amount excluded on a joint return.
income exclusion because of the waiver of
Note. Specific rules apply to determine if
time requirements, attach a statement to
you are a resident or nonresident alien of
Travel to Cuba
your return explaining that you expected to
the United States. See Pub. 519, U.S. Tax
meet the applicable time requirement, but
Guide for Aliens, for details.
Generally, if you were in Cuba in violation
the conditions in the foreign country
of U.S. travel restrictions, the following
Foreign country. A foreign country is
prevented you from the normal conduct of
rules apply.
any territory under the sovereignty of a
business. Also, enter “Claiming Waiver” in
Any time spent in Cuba cannot be
government other than that of the United
the top margin on page 1 of your Form
counted in determining if you qualify under
States.
2555-EZ.
the bona fide residence or physical
The term “foreign country” includes the
presence test.
When To File
country's territorial waters and airspace,
Any income earned in Cuba is not
but not international waters and the
considered foreign earned income.
Form 1040 is generally due April 15, 2013.
airspace above them. It also includes the
However, you are automatically
seabed and subsoil of those submarine
Note. If you performed services at the
granted a 2-month extension of time to file
areas adjacent to the country's territorial
U.S. Naval Base at Guantanamo Bay, you
(to June 17, 2013) if, on the due date of
waters over which it has exclusive rights
were not in violation of U.S. travel
your return, you live outside the United
under international law to explore and
restrictions.
States and Puerto Rico and your tax home
exploit the natural resources.
(defined later) is outside the United States
Nov 06, 2012
Cat. No. 14623P

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