Instructions For Form 2555 - Foreign Earned Income - Internal Revenue Service - 2002

ADVERTISEMENT

02
2 0
Department of the Treasury
Internal Revenue Service
Instructions for Form 2555
Foreign Earned Income
Section references are to the Internal Revenue Code.
Who Qualifies
family residence in the United States
General Instructions
during your off periods. You are
You qualify for the tax benefits available
considered to have an abode in the
to taxpayers who have foreign earned
Do not include on Form 1040, line
United States and do not meet the tax
!
income if both 1 and 2 apply.
62 (Federal income tax withheld),
home test. You may not claim either of
any taxes a foreign employer
1. You meet the tax home test (see
CAUTION
the exclusions or the housing deduction.
withheld from your pay and paid to the
below).
foreign country’s tax authority instead of
2. You meet either the bona fide
Violation of Travel Restrictions
to the U.S. Treasury.
residence test (see page 2) or the
Generally, if you were in a foreign country
physical presence test (see page 2).
in violation of U.S. travel restrictions, the
A Change To Note
Note: If your only earned income from
following rules apply:
The maximum foreign earned income
work abroad is pay you received from the
1. Any time spent in that country may
U.S. Government as its employee, you do
exclusion for 2002 has increased to
not be counted in determining if you
not qualify for either of the exclusions or
$80,000.
qualify under the bona fide residence or
the housing deduction. Do not file Form
physical presence test,
2555.
Purpose of Form
2. Any income earned in that country
is not considered foreign earned income,
Tax home test. To meet this test, your
If you are a U.S. citizen or a U.S. resident
and
tax home must be in a foreign country, or
alien living in a foreign country, you are
3. Any housing expenses in that
countries, throughout your period of bona
subject to the same U.S. income tax laws
country (or housing expenses for your
fide residence or physical presence,
that apply to citizens and resident aliens
spouse or dependents in another country
whichever applies. For this purpose, your
living in the United States. But if you
while you were in that country) are not
period of physical presence is the 330 full
qualify, use Form 2555 to exclude a
considered qualified housing expenses.
days during which you were present in a
limited amount of your foreign earned
foreign country, not the 12 consecutive
income. Also, use it to claim the housing
See the list on this page for countries
months during which those days
exclusion or deduction. You may not
to which U.S. travel restrictions apply.
occurred.
exclude or deduct more than your foreign
earned income for the tax year.
Your tax home is your regular or
Additional Information
principal place of business, employment,
You may be able to use Form
Pub. 54, Tax Guide for U.S. Citizens and
or post of duty, regardless of where you
2555-EZ, Foreign Earned Income
Resident Aliens Abroad, has more
maintain your family residence. If you do
Exclusion, if none of your foreign earned
information about the bona fide residence
not have a regular or principal place of
income was from self-employment, your
business because of the nature of your
test, the physical presence test, the
total foreign earned income did not
foreign earned income exclusion, and the
trade or business, your tax home is your
exceed $80,000, you do not have any
housing exclusion and deduction. You
regular place of abode (the place where
business or moving expenses, and you
you regularly live).
can get this publication from most U.S.
do not claim the housing exclusion or
embassies and consulates or by writing
You are not considered to have a tax
deduction. For more details, see Form
to: Eastern Area Distribution Center, P.O.
home in a foreign country for any period
2555-EZ and its separate instructions.
Box 85074, Richmond, VA 23261-5074.
during which your abode is in the United
You can also download this publication
States. However, if you are temporarily
Foreign country. A foreign country is
(as well as other forms and publications)
present in the United States, or you
any territory (including the air space,
from the IRS Web Site at
maintain a dwelling in the United States
territorial waters, seabed, and subsoil)
(whether or not that dwelling is used by
under the sovereignty of a government
Waiver of Time Requirements
your spouse and dependents), it does not
other than the United States. It does not
If your tax home was in a foreign country
necessarily mean that your abode is in
include U.S. possessions or territories.
and you were a bona fide resident of, or
the United States during that time.
physically present in, a foreign country
Note: Specific rules apply to determine if
Example. You are employed on an
and had to leave because of war, civil
you are a resident or nonresident alien of
offshore oil rig in the territorial waters of a
unrest, or similar adverse conditions, the
the United States. See Pub. 519, U.S.
foreign country and work a 28-day on/
minimum time requirements specified
Tax Guide for Aliens, for details.
28-day off schedule. You return to your
under the bona fide residence and
physical presence tests may be waived.
You must be able to show that you
List of Countries To Which Travel Restrictions Apply
reasonably could have expected to meet
the minimum time requirements if you had
Time Periods
not been required to leave. Each year the
Country
Beginning
and
Ending
IRS will publish in the Internal Revenue
Bulletin a list of countries and the dates
Cuba
January 1, 1987
Still in effect
they qualify for the waiver. If you left one
Iraq
August 2, 1990
Still in effect
of the countries during the period
Libya
January 1, 1987
Still in effect
indicated, you can claim the tax benefits
on Form 2555, but only for the number of
Cat. No. 11901A

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Financial
Go
Page of 4