Professional Documents
Culture Documents
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
interest is charged on the unpaid tax from • A U.S. citizen who is a bona fide chooses to be taxed as a resident of the
the regular due date until it is paid. resident of a foreign country, or countries, United States can qualify under this test if
Special extension of time. The first year for an uninterrupted period that includes the time requirements are met. See Pub.
you plan to take the foreign earned an entire tax year (January 1 – December 54 for details on how to make this choice.
income exclusion, you may not expect to 31), or
qualify until after the automatic 2-month • A U.S. resident alien who is a citizen or Line 3
extension period described above. If this national of a country with which the
occurs, you can apply for an extension to United States has an income tax treaty in Tax Home Test
a date after you expect to qualify. effect and who is a bona fide resident of a To meet this test, your tax home must be
foreign country, or countries, for an in a foreign country, or countries,
To apply for this extension, complete uninterrupted period that includes an
and file Form 2350, Application for throughout your period of bona fide
entire tax year (January 1 – December residence or physical presence,
Extension of Time To File U.S. Income 31). See Pub. 901, U.S. Tax Treaties, for
Tax Return, with the Internal Revenue whichever applies. For this purpose, your
a list of countries with which the United period of physical presence is the 330 full
Service Center, Philadelphia, PA 19255, States has an income tax treaty in effect.
before the due date of your return. days during which you were present in a
Interest is charged on the tax not paid by No specific rule determines if you are a foreign country, not the 12 consecutive
the regular due date as explained earlier. bona fide resident of a foreign country months during which those days
because the determination involves your occurred.
Choosing the Exclusion intention about the length and nature of Your tax home is your regular or
your stay. Evidence of your intention may principal place of business, employment,
To choose the foreign earned income be your words and acts. If these conflict,
exclusion, complete the appropriate parts or post of duty, regardless of where you
your acts carry more weight than your maintain your family residence. If you do
of Form 2555-EZ and file it with your words. Generally, if you go to a foreign
Form 1040 or Form 1040X, Amended not have a regular or principal place of
country for a definite, temporary purpose business because of the nature of your
U.S. Individual Income Tax Return. Your and return to the United States after you
initial choice to claim the exclusion must trade or business, your tax home is your
accomplish it, you are not a bona fide regular place of abode (the place where
usually be made on a timely filed return resident of the foreign country. If
(including extensions) or on a return you regularly live).
accomplishing the purpose requires an
amending a timely filed return. However, extended, indefinite stay, and you make You are not considered to have a tax
there are exceptions. See Pub. 54 for your home in the foreign country, you home in a foreign country for any period
more information. may be a bona fide resident. See Pub. 54 during which your abode is in the United
Once you choose to claim the for more information and examples. States. However, if you are temporarily
exclusion, that choice remains in effect for present in the United States, or you
If you submitted a statement of maintain a dwelling in the United States
that year and all future years unless it is nonresidence to the authorities of a
revoked. To revoke your choice, you must (whether or not that dwelling is used by
foreign country in which you earned your spouse and dependents), it does not
attach a statement to your return for the income and the authorities hold that you
first year you do not wish to claim the necessarily mean that your abode is in
are not subject to their income tax laws by the United States during that time.
exclusion. If you revoke your choice, you reason of nonresidency in the foreign
cannot claim the exclusion for your next 5 country, you are not considered a bona Example. You are employed on an
tax years without the approval of the fide resident of that country. offshore oil rig in the territorial waters of a
Internal Revenue Service. See Pub. 54 foreign country and work a 28-day on/
for details. If you submitted such a statement and 28-day off schedule. You return to your
the authorities have not made an adverse family residence in the United States
Earned income credit. You cannot take
determination of your nonresident status, during your off periods. You are
the earned income credit if you claim the
you are not considered a bona fide considered to have an abode in the
exclusion.
resident of that country. United States and do not meet the tax
Foreign tax credit or deduction. You
Line 1b. If you answered “Yes” on line home test. You cannot claim the foreign
cannot claim a credit or deduction for
1a, enter the dates your bona fide earned income exclusion.
foreign income taxes paid on income you
exclude. If all of your foreign earned residence began and ended. If you are
income is excluded, you cannot claim a still a bona fide resident, enter Line 12
credit or deduction for the foreign taxes “Continues” in the space for the date your Complete columns (a) through (d) if you
paid on that income. If only part of your bona fide residence ended. were present in the United States or any
income is excluded, you cannot claim a of its possessions in 2005. Do not include
credit or deduction for the foreign taxes Lines 2a and 2b time spent in the United States or its
allocable to the excluded income. For possessions before your period of bona
details on how to figure the amount Physical Presence Test fide residence or physical presence,
allocable to the excluded income, see To meet this test, you must be a U.S. whichever applies, began or after it
Pub. 514, Foreign Tax Credit for citizen or resident alien who is physically ended.
Individuals. present in a foreign country, or countries, Column (d). Enter, in U.S. dollars, the
IRA deduction. If you claim the for at least 330 full days during any period amount of income earned in the United
exclusion, special rules apply in figuring of 12 months in a row. A full day means States on business (such as meetings or
the amount of your IRA deduction. For the 24-hour period that starts at midnight. conventions). Attach a statement showing
details, see Pub. 590, Individual To figure the minimum of 330 full days’ how you determined the amount. Do not
Retirement Arrangements (IRAs). presence, add all separate periods you include this income on line 17. Even if you
were present in a foreign country during live and work in a foreign country, any
the 12-month period in which those days income earned during the time spent in
occurred. The 330 full days can be the United States on business is
Specific Instructions interrupted by periods when you are considered U.S. source income and
traveling over international waters or are cannot be excluded.
Lines 1a and 1b otherwise not in a foreign country. See
Pub. 54 for more information and Line 14
Bona Fide Residence Test examples. Enter the number of days in your
To meet this test, you must be one of the Note. A nonresident alien who, with a qualifying period that fall within 2005.
following: U.S. citizen or U.S. resident alien spouse, Your qualifying period is the period during
-2-
Page 3 of 3 Instructions for Form 2555-EZ 9:37 - 29-SEP-2005
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
which you meet the tax home test and • Wages, salaries, tips, and bonuses. that is definitely related to the 2004
either the bona fide residence test or the • Noncash income (such as a home or foreign earned income you are excluding
physical presence test. car) if reported as income on Form 1040, under this rule, you may have to amend
Example. You establish a tax home and line 7. your 2004 income tax return to adjust the
bona fide residence in a foreign country • Allowances or reimbursements if amount claimed. To do this, file Form
on August 14, 2005. You maintain the tax reported as income on Form 1040, line 7. 1040X.
home and residence until January 31, Foreign earned income does not
2007. The number of days in your include — Paperwork Reduction Act Notice. We
qualifying period that fall within 2005 is • Amounts from line 12, column (d), ask for the information on this form to
140 (August 14 through December 31, • Amounts paid to you by the U.S. carry out the Internal Revenue laws of the
2005). Government or any of its agencies if you United States. You are required to give us
were an employee of the U.S. the information. We need it to ensure that
Line 17 Government or any of its agencies, you are complying with these laws and to
Enter the total foreign earned income you • Amounts that are actually a distribution allow us to figure and collect the right
earned and received in 2005. Report the of corporate earnings or profits rather amount of tax.
amount in U.S. dollars using the than a reasonable allowance as
You are not required to provide the
exchange rates in effect when you compensation for your personal services,
information requested on a form that is
actually received the income. Be sure to or
subject to the Paperwork Reduction Act
report on Form 1040 all income you • Amounts received after the end of the unless the form displays a valid OMB
received in 2005 regardless of when you tax year following the tax year in which
control number. Books or records relating
earned it. you performed the services.
to a form or its instructions must be
Income is earned in the year you Income earned in prior year. Foreign retained as long as their contents may
performed the services for which you earned income received in 2005 for become material in the administration of
received the pay. But if you received your services you performed in 2004 can be any Internal Revenue law. Generally, tax
last wage or salary payment for 2004 in excluded from your 2005 gross income if, returns and return information are
2005 because of your employer’s payroll and to the extent, the income would have confidential, as required by Internal
period, that income may be treated as been excludable if you had received it in Revenue Code section 6103.
earned in 2005. If you cannot treat that 2004.
The average time and expenses
wage or salary payment as earned in If you are excluding income under this required to complete and file this form will
2005, the rules explained on this page rule, do not include this income on line vary depending on individual
under Income earned in prior year apply. 17. Instead, attach a statement to Form circumstances. For the estimated
See Pub. 54 for more details. 2555-EZ showing how you figured the averages, see the instructions for your
Foreign earned income. For purposes exclusion. Enter the amount that would income tax return.
of this form, foreign earned income have been excludable in 2004 on Form
2555-EZ to the left of line 18. Next to the If you have suggestions for making this
means only the following types of income form simpler, we would be happy to hear
received for personal services you amount enter “Exclusion of Income
Earned in 2004.” Include it in the total from you. See the instructions for your
performed in a foreign country during the income tax return.
period for which you meet the tax home reported on line 18.
test and either the bona fide residence Note. If you claimed any deduction,
test or the physical presence test. credit, or exclusion on your 2004 return
-3-