ONLY United States
taxpayers are eligible for the foreign income tax exclusion.
The very first thing to remember despite popular belief is
that there are two separate tests to meet in order to claim
the foreign income tax exclusion.
a) PHYSICAL PRESENCE TEST: The
physical presence test easiest of the two test to understand
and the
hardest to achieve. Basically,
if you are out of the United States for 330 days of any 365
day period (For example July 1999 to July 2000) then you do
not pay
for this time period.
b) BONAFIDE RESIDENCE RULE: This
is the other test. This is most missed by taxpayers and accountants
alike.
This test is not one that is spelled out in black and white.
What this test tries to prove is that the taxpayer does not
have their tax home in the United States.
To prove this there
are a number of different considerations. Some of which are
whether
or not the taxpayer is married, has children, a home in the
United States, voting, social, civic ties to the surrounding
community, or other family matters traveling with the taxpayer.
Of
course time spent in the United States is the starting point
for this test. To prove that the taxpayers tax home is not
the United States then the time working in the United States
must be less than 183 (half the year). There are more considerations
and complexities, (see foreign income exclusion questionnaire),
but for most of our clients we are able
steer the taxpayer into qualifying for this test ad therefore
the
foreign income tax exclusion.
taxpayer.