Instructions For Form 2555-Ez - Foreign Earned Income Exclusion - Internal Revenue Service - 2010

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2010
Department of the Treasury
Internal Revenue Service
Instructions for Form
2555-EZ
Foreign Earned Income Exclusion
Waiver of Time
General Instructions
You do not have a housing deduction
carryover from 2009.
Requirements
You meet either the bona fide
Do not include on Form 1040, line
residence test (see the instructions for
If your tax home was in a foreign country
!
61 (federal income tax withheld),
lines 1a and 1b on page 2) or the physical
and you were a bona fide resident of, or
any taxes a foreign employer
CAUTION
presence test (see the instructions for
physically present in, a foreign country
withheld from your pay and paid to the
lines 2a and 2b on page 2).
and had to leave because of war, civil
foreign country’s tax authority instead of
You meet the tax home test (see the
unrest, or similar adverse conditions, the
to the U.S. Treasury.
instructions for line 3 on page 2).
minimum time requirements specified
under the bona fide residence and
What’s New
Note. If your only earned income from
physical presence tests may be waived.
work abroad is pay you received from the
You must be able to show that you
Exclusion amount. For 2010, the
U.S. Government as its employee, you do
reasonably could have expected to meet
maximum exclusion has increased to
not qualify for the foreign earned income
the minimum time requirements if you had
$91,500.
exclusion. Do not file Form 2555-EZ.
not been required to leave. Each year the
Purpose of Form
IRS will publish in the Internal Revenue
Married Couples
Bulletin a list of the only countries that
If you qualify, you can use Form 2555-EZ
qualify for the waiver for the previous year
If both you and your spouse qualify for,
instead of Form 2555, Foreign Earned
and the dates they qualify. If you left one
and choose to claim, the foreign earned
Income, to figure your foreign earned
of the countries during the period
income exclusion, figure the amount of
income exclusion. You cannot exclude
indicated, you can claim the foreign
the exclusion separately for each of you.
more than your foreign earned income for
earned income exclusion on Form
You must each complete separate Forms
the year.
2555-EZ, but only for the number of days
2555-EZ.
you were a bona fide resident of, or
General Information
physically present in, the foreign country.
Community income. The amount of the
If you are a U.S. citizen or a U.S. resident
exclusion is not affected by the
If you can claim the foreign earned
alien living in a foreign country, you are
income-splitting provisions of community
income exclusion because of the waiver
subject to the same U.S. income tax laws
property laws. The sum of the amounts
of time requirements, attach a statement
that apply to citizens and resident aliens
figured separately for each of you is the
to your return explaining that you
living in the United States.
total amount excluded on a joint return.
expected to meet the applicable time
Note. Specific rules apply to determine if
requirement, but the conditions in the
Travel to Cuba
you are a resident or nonresident alien of
foreign country prevented you from the
the United States. See Pub. 519, U.S.
normal conduct of business. Also, enter
Generally, if you were in Cuba in violation
Tax Guide for Aliens, for details.
“Claiming Waiver” in the top margin on
of U.S. travel restrictions, the following
page 1 of your Form 2555-EZ.
Foreign country. A foreign country is
rules apply.
any territory under the sovereignty of a
Any time spent in Cuba cannot be
When To File
government other than that of the United
counted in determining if you qualify
States.
under the bona fide residence or physical
Form 1040 is generally due April 18,
presence test.
The term “foreign country” includes the
2011.
country’s territorial waters and airspace,
Any income earned in Cuba is not
However, you are automatically
but not international waters and the
considered foreign earned income.
granted a 2-month extension of time to
airspace above them. It also includes the
file (to June 15, 2011) if, on the due date
Note. If you performed services at the
seabed and subsoil of those submarine
of your return, you live outside the United
U.S. Naval Base at Guantanamo Bay,
areas adjacent to the country’s territorial
States and Puerto Rico and your tax
you were not in violation of U.S. travel
waters over which it has exclusive rights
home (defined later) is outside the United
restrictions.
under international law to explore and
States and Puerto Rico. If you take this
exploit the natural resources.
extension, you must attach a statement to
Additional Information
The term “foreign country ” does not
your return explaining that you meet
include U.S. possessions or territories. It
these two conditions.
Pub. 54, Tax Guide for U.S. Citizens and
does not include the Antarctic region.
Resident Aliens Abroad, has more
The automatic 2-month extension also
information about the bona fide residence
Who Qualifies
applies to paying the tax. However,
test, the physical presence test, and the
interest is charged on the unpaid tax from
You can use Form 2555-EZ to claim the
foreign earned income exclusion. You can
the regular due date until it is paid.
foreign earned income exclusion if all of
get this publication from most U.S.
When to claim the exclusion(s). The
the following apply.
Embassies and consulates or by writing
You meet the seven conditions listed at
to: National Distribution Center, 1201 N.
first year you plan to take the foreign
the top of Form 2555-EZ.
Mitsubishi Motorway, Bloomington, IL
earned income exclusion, you may not
Your total foreign earned income
61705-6613. You can also download this
yet have met either the physical presence
received in 2010 is reported on Form
publication (as well as other forms and
test or the bona fide residence test by the
1040, line 7.
publications) at IRS.gov.
due date of your return (including the
Cat. No. 14623P

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