Foreign Earned Income Exclusion - Can I Claim the Exclusion or Deduction?
To determine whether you can claim the exclusion or deduction please begin with question 1- Do you have foreign earned income?
- Yes. Go to question 2.
- No. You CANNOT claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction.
- Is your tax home in a foreign country?
- Yes. Got to question 3.
- No. You CANNOT claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction.
- Are you a U.S. citizen?
- Yes. Go to question 4.
- No. Are you a U.S. resident alien?
- Yes. Are you a citizen or national of a country with which the United States has an income tax treaty in effect?
- Yes. Go to question 4.
- No. Go to question 5.
- No. You CANNOT claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction.
- Yes. Are you a citizen or national of a country with which the United States has an income tax treaty in effect?
- Were you a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year?
- Yes. You CAN claim the foreign earned income exclusion and the foreign housing exclusion or the foreign housing deduction.
- No. Go to question 5.
- Were you physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months?
- Yes. You CAN claim the foreign earned income exclusion and the foreign housing exclusion or the foreign housing deduction.
- No You CANNOT claim the foreign earned income exclusion, the foreign housing exclusion, or the foreign housing deduction.
References/Related Topics
Page Last Reviewed or Updated: 2013-04-17
