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Foreign Earned Income Exclusion (FEIE)

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Alisson Ward

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Foreign Earned Income Exclusion (FEIE)
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The Foreign Earned Income Exclusion (FEIE) is a crucial tax provision for U.S. citizens and resident aliens working abroad. This exclusion allows eligible taxpayers to exclude a portion of their foreign earned income from U.S. taxation, reducing their overall tax liability. Understanding the FEIE can significantly impact your financial situation if you’re living and working outside the United States. In this article, we will explore what the Foreign Earned Income Exclusion is, how it works, and address some frequently asked questions.

What is the Foreign Earned Income Exclusion?

The Foreign Earned Income Exclusion permits eligible taxpayers to exclude a certain amount of their foreign earned income from U.S. federal income tax. For the tax year 2023, this amount is up to $120,000 per qualifying individual, adjusted annually for inflation. This exclusion aims to alleviate the double taxation burden on U.S. citizens and residents who earn income in foreign countries.

Eligibility Criteria for FEIE

To qualify for the Foreign Earned Income Exclusion, you must meet two primary criteria:

  1. Foreign Residency: You must have a tax home in a foreign country and meet one of the following tests:
    • Bona Fide Residence Test: You must be a bona fide resident of a foreign country for an uninterrupted period that includes an entire tax year.
    • Physical Presence Test: You must be physically present in a foreign country for at least 330 full days during a 12-month period.
  2. Earned Income: The income you wish to exclude must be earned income, meaning it is generated from services performed. Passive income, such as dividends or interest, does not qualify for this exclusion.

How to Claim the Foreign Earned Income Exclusion

To claim the FEIE, taxpayers need to file Form 2555 along with their annual tax return (Form 1040). It is crucial to keep accurate records of your time spent abroad and the income earned during that period to support your claim.

Advantages of the Foreign Earned Income Exclusion

  • Tax Savings: The most significant benefit is the reduction in taxable income, which can lead to substantial tax savings for expatriates.
  • Avoid Double Taxation: The FEIE helps to mitigate the double taxation that can occur when you earn income in a foreign country while being subject to U.S. tax laws.
  • Retain Benefits: By claiming the FEIE, expatriates can still take advantage of certain tax credits and deductions.
 

The Foreign Earned Income Exclusion is a valuable tool for U.S. citizens and residents working abroad, allowing them to reduce their tax liability and avoid double taxation. Understanding the eligibility requirements and how to properly claim the exclusion is essential for expatriates to maximize their tax benefits. If you need assistance navigating the complexities of the FEIE or any other tax-related issues, don’t hesitate to reach out to our team of tax professionals for expert guidance and support.

Frequently Asked Questions: Foreign Earned Income Exclusion (FEIE)

What types of income can I exclude under the FEIE?

The FEIE applies to earned income, which includes wages, salaries, professional fees, and bonuses. However, it does not cover unearned income, such as interest, dividends, or rental income.

To qualify, you must demonstrate that you have established a permanent home in a foreign country and have a genuine intention to remain there for an extended period, typically for an entire tax year.

If you do not qualify for the FEIE, you may still be eligible for the Foreign Tax Credit (FTC), which can help reduce your U.S. tax liability for taxes paid to a foreign government.

Yes, self-employed individuals can also claim the FEIE as long as they meet the eligibility criteria and file the appropriate forms.

Yes, even if you qualify for the FEIE, you are still required to file a U.S. tax return to report your income and claim the exclusion.

The FEIE is generally designed for individuals who are living abroad for extended periods. However, if you can meet the Physical Presence Test (330 days in a foreign country), you may qualify even for short-term assignments.

The FEIE only applies to federal income tax. You may still be liable for state taxes depending on your state’s rules regarding taxation of residents living abroad.

Yes, in addition to the FEIE, you may also be eligible for the Foreign Housing Exclusion if you incur housing expenses that exceed a specific threshold. This can further reduce your taxable income.

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