Instructions For Form 2555 - Foreign Earned Income - Internal Revenue Service - 2011

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2011
Department of the Treasury
Internal Revenue Service
Instructions for Form 2555
Foreign Earned Income
Who Qualifies
Note. If you performed services at the
Section references are to the Internal
U.S. Naval Base at Guantanamo Bay,
Revenue Code unless otherwise noted.
You qualify for the tax benefits available
you were not in violation of U.S. travel
General Instructions
to taxpayers who have foreign earned
restrictions.
income if both of the following apply.
You meet the tax home test (discussed
Additional Information
Do not include on Form 1040, line
later on this page).
!
62 (federal income tax withheld),
You meet either the bona fide
Pub. 54, Tax Guide for U.S. Citizens and
any taxes a foreign employer
CAUTION
residence test (see page 2) or the
Resident Aliens Abroad, has more
withheld from your pay and paid to the
physical presence test (see page 2).
information about the bona fide residence
foreign country’s tax authority instead of
test, the physical presence test, the
Note. If your only earned income from
to the U.S. Treasury.
foreign earned income exclusion, and the
work abroad is pay you received from the
What’s New
housing exclusion and deduction. You
U.S. Government as its employee, you do
can get this publication from most U.S.
not qualify for either of the exclusions or
Future developments. The IRS has
Embassies and consulates or by writing
the housing deduction. Do not file Form
created a page on IRS.gov for information
to: National Distribution Center, 1201 N.
2555.
about Form 2555 and its instructions, at
Mitsubishi Motorway, Bloomington, IL
Tax home test. To meet this test, your
Information about
61705-6613. You can also download this
tax home must be in a foreign country, or
any future developments affecting Form
publication (as well as other forms and
countries (see Foreign country, earlier),
2555 (such as legislation enacted after
publications) at IRS.gov.
throughout your period of bona fide
we release it) will be posted on that page.
Waiver of Time Requirements
residence or physical presence,
Exclusion amount. For 2011, the
whichever applies. For this purpose, your
If your tax home was in a foreign country
maximum exclusion has increased to
period of physical presence is the 330 full
and you were a bona fide resident of, or
$92,900.
days during which you were present in a
physically present in, a foreign country
foreign country, not the 12 consecutive
and had to leave because of war, civil
Purpose of Form
months during which those days
unrest, or similar adverse conditions, the
occurred.
minimum time requirements specified
If you qualify, you can use Form 2555 to
under the bona fide residence and
Your tax home is your regular or
figure your foreign earned income
physical presence tests may be waived.
principal place of business, employment,
exclusion and your housing exclusion or
You must be able to show that you
or post of duty, regardless of where you
deduction. You cannot exclude or deduct
reasonably could have expected to meet
more than your foreign earned income for
maintain your family residence. If you do
the minimum time requirements if you had
not have a regular or principal place of
the year.
not been required to leave. Each year the
business because of the nature of your
You may be able to use Form
IRS will publish in the Internal Revenue
trade or business, your tax home is your
2555-EZ, Foreign Earned Income
Bulletin a list of the only countries that
regular place of abode (the place where
Exclusion, if you did not have any
qualify for the waiver for the previous year
you regularly live).
self-employment income for the year,
and the dates they qualify. If you left one
You are not considered to have a tax
your total foreign earned income did not
of the countries during the period
home in a foreign country for any period
exceed $92,900, you do not have any
indicated, you can claim the tax benefits
during which your abode is in the United
business or moving expenses, and you
on Form 2555, but only for the number of
States. However, if you are temporarily
do not claim the housing exclusion or
days you were a bona fide resident of, or
present in the United States, or you
deduction. For more details, see Form
physically present in, the foreign country.
maintain a dwelling in the United States
2555-EZ and its separate instructions.
If you can claim either of the
(whether or not that dwelling is used by
exclusions or the housing deduction
your spouse and dependents), it does not
General Information
because of the waiver of time
necessarily mean that your abode is in
If you are a U.S. citizen or a U.S. resident
requirements, attach a statement to your
the United States during that time.
alien living in a foreign country, you are
return explaining that you expected to
Example. You are employed on an
subject to the same U.S. income tax laws
meet the applicable time requirement, but
offshore oil rig in the territorial waters of a
that apply to citizens and resident aliens
the conditions in the foreign country
foreign country and work a 28-day on/
living in the United States.
prevented you from the normal conduct of
28-day off schedule. You return to your
business. Also, enter “Claiming Waiver” in
family residence in the United States
Note. Specific rules apply to determine if
the top margin on page 1 of Form 2555.
during your off periods. You are
you are a resident or nonresident alien of
considered to have an abode in the
the United States. See Pub. 519, U.S.
When To File
United States and do not meet the tax
Tax Guide for Aliens, for details.
home test. You cannot claim either of the
A 2011 calendar year Form 1040 is
Foreign country. A foreign country is
exclusions or the housing deduction.
generally due April 17, 2012.
any territory under the sovereignty of a
Travel to Cuba
However, you are automatically
government other than that of the United
granted a 2-month extension of time to
States.
Generally, if you were in Cuba in violation
file (to June 15, 2012, for a 2011 calendar
of U.S. travel restrictions, the following
The term “foreign country” includes the
year return) if, on the due date of your
rules apply.
country’s territorial waters and airspace,
return, you live outside the United States
Any time spent in Cuba cannot be
but not international waters and the
and Puerto Rico and your tax home
counted in determining if you qualify
airspace above them. It also includes the
(defined earlier) is outside the United
under the bona fide residence or physical
seabed and subsoil of those submarine
States and Puerto Rico. If you take this
presence test.
areas adjacent to the country’s territorial
extension, you must attach a statement to
Any income earned in Cuba is not
waters over which it has exclusive rights
your return explaining that you meet
considered foreign earned income.
under international law to explore and
these two conditions.
Any housing expenses in Cuba (or
exploit the natural resources.
housing expenses for your spouse or
The automatic 2-month extension also
The term “foreign country ” does not
dependents in another country while you
applies to paying the tax. However, you
include U.S. possessions or territories. It
were in Cuba) are not considered
will owe interest on any tax not paid by
does not include the Antarctic region.
qualified housing expenses.
the regular due date of your return. This is
Oct 19, 2011
Cat. No. 11901A

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