US Internal Revenue Service: I2555ez - 1992

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 4

Department of the Treasury

Internal Revenue Service

Instructions for Form 2555-EZ


Foreign Earned Income Exclusion
Section references are to the Internal Revenue Code.

General Instructions Remember, U.S. citizens and U.S.


resident aliens living in a foreign country
Violation of Travel
are subject to the same U.S. income tax Restrictions
Paperwork Reduction Act laws that apply to citizens and resident Generally, if you were in a foreign
Notice aliens living in the United States. country in violation of U.S. travel
We ask for the information on this form Foreign country.—A foreign country is restrictions, the following rules apply:
to carry out the Internal Revenue laws of any territory (including the air space, (1) any time spent in that country may
the United States. You are required to territorial waters, seabed, and subsoil) not be counted in determining if you
give us the information. We need it to under the sovereignty of a government qualify under the bona fide residence or
ensure that you are complying with other than the United States. It does not physical presence test; and (2) any
these laws and to allow us to figure and include U.S. possessions or territories. income earned in that country is not
collect the right amount of tax. considered foreign earned income. U.S.
Note: Specific rules apply to deter mine
travel restrictions currently apply to
The time needed to complete and file if you are a resident or nonresident alien
Cuba, Iraq, and Libya.
this form will vary depending on of the United States. Get Pub. 519, U.S.
individual circumstances. The estimated Tax Guide for Aliens, for details.
average time is: Additional Information
Recordkeeping 26 min. Who Qualifies Pub. 54, Tax Guide for U.S. Citizens and
Resident Aliens Abroad, contains more
Learning about the You may use Form 2555-EZ to claim the
information about the bona fide
law or the form 17 min. foreign earned income exclusion if all
residence test, the physical presence
five of the following apply:
Preparing the form 40 min. test, and the foreign earned income
1. You meet the seven conditions exclusion. You can get the publication
Copying, assembling, listed at the top of Form 2555-EZ. from most U.S. embassies and
and sending the form 2. Your total foreign earned income consulates or by writing to: Eastern Area
to the IRS 35 min. received in 1992 is reported on Form Distribution Center, P.O. Box 25866,
If you have comments concerning the 1040, line 7. Richmond, VA 23286-8107.
accuracy of these time estimates or 3. You do not have a housing
suggestions for making this form more deduction carryover from 1991. Waiver of Time
simple, we would be happy to hear from
you. You can write to both the IRS and
4. You meet either the bona fide Requirements
residence test (see the instructions for
the Office of Management and Budget If your tax home was in a foreign
lines 1a and 1b on page 2) or the
at the addresses listed in the country and you were a bona fide
physical presence test (see the
Instructions for Form 1040. resident of, or physically present in, a
instructions for lines 2a and 2b on page
2). foreign country and had to leave
Items To Note 5. You meet the tax home test (see
because of war, civil unrest, or similar
Foreign taxes withheld from your adverse conditions, the minimum time
the instructions for line 3 on page 2). requirements specified under the bona
pay.—Do not include on Form 1040, line
Note: If your only ear ned income from fide residence and physical presence
54 (Federal income tax withheld), any
work abroad is pay you received from tests may be waived. You must be able
taxes a foreign employer withheld from
the U.S. Gover nment as its employee, to show that you reasonably could have
your pay and paid to the foreign
you do not qualify for the foreign ear ned expected to meet the minimum time
country’s tax authority instead of the
income exclusion. Do not file For m requirements if you had not been
U.S. Treasury.
2555-EZ. required to leave. If you left one of the
Violation of travel restrictions.—The countries listed on page 4 during the
IRS recently determined that Cambodia, Married Couples
period indicated, you can claim the
North Korea, and Vietnam were If both you and your spouse qualify for, foreign earned income exclusion on
incorrectly listed as countries to which and choose to claim, the foreign earned Form 2555-EZ, but only for the number
U.S. travel restrictions applied. Also, income exclusion, the amount of the of days you were a bona fide resident
beginning August 2, 1990, U.S. travel exclusion is figured separately for each of, or physically present in, the foreign
restrictions apply to Iraq. of you. You each must complete country.
separate Forms 2555-EZ. If you can claim the foreign earned
Purpose of Form Community income.—The amount of income exclusion because of the waiver
Form 2555-EZ is new for 1992. If you the exclusion is not affected by the of time requirements, attach a statement
qualify, you may use Form 2555-EZ income-splitting provisions of community to your return explaining that you
instead of Form 2555, Foreign Earned property laws. The sum of the amounts expected to meet the applicable time
Income, to exclude a limited amount of figured separately for each of you is the requirement, but the conditions in the
your foreign earned income. You may total amount excluded on a joint return. foreign country prevented you from the
not exclude more than your foreign normal conduct of business. Also, write
earned income for the year. “Claiming Waiver” in the top margin on
page 1 of your 1992 Form 2555-EZ.

Cat. No. 14623P


Where To Attach Foreign tax credit or deduction.—You adverse determination of your
may not claim a credit or deduction for nonresident status, you are not
Attach Form 2555-EZ to the front of foreign income taxes paid on income considered a bona fide resident of that
your Form 1040. Do not attach it in the you exclude. If all of your foreign earned country.
order of the “Attachment Sequence No.” income is excluded, you may not claim a
shown in the upper right corner of the Line 1b.—If you answered “Yes” on line
credit or deduction for the foreign taxes 1a, enter the dates your bona fide
form. paid on that income. If only part of your residence began and ended. If you are
income is excluded, you may not claim a still a bona fide resident, enter
Where To File credit or deduction for the foreign taxes “Continues” in the space for the date
Send your return to the Internal Revenue allocable to the excluded income. For your bona fide residence ended.
Service Center, Philadelphia, PA 19255. details on how to figure the amount
allocable to the excluded income, get
Pub. 514, Foreign Tax Credit for
Lines 2a and 2b
When To File Individuals. Physical Presence Test
Form 1040 is generally due April 15, IRA deduction.—If you claim the To meet this test, you must be a U.S.
1993. exclusion, special rules apply in figuring citizen or resident alien who is physically
However, you are automatically the amount of your IRA deduction. For present in a foreign country, or
granted a 2-month extension of time to details, get Pub. 590, Individual countries, for at least 330 full days
file (to June 15, 1993) if, on the due date Retirement Arrangements (IRAs). during any period of 12 months in a row.
of your return, you live outside the A full day means the 24-hour period
United States and Puerto Rico, AND
your tax home (defined later) is outside
Specific Instructions that starts at midnight.
To figure the minimum of 330 full
the United States and Puerto Rico. If
Lines 1a and 1b days’ presence, add all separate periods
you take this extension, you must attach
you were present in a foreign country
a statement to your return explaining Bona Fide Residence Test during the 12-month period in which
that you meet these two conditions.
To meet this test, you must be one of those days occurred. The 330 full days
The automatic 2-month extension also may be interrupted by periods when you
applies to paying the tax. However, the following:
are traveling over international waters or
interest is charged on the unpaid tax ● A U.S. citizen who is a bona fide are otherwise not in a foreign country.
from the regular due date until it is paid. resident of a foreign country, or See Pub. 54 for more information and
Special extension of time.—The first countries, for an uninterrupted period examples.
year you plan to take the foreign earned that includes an entire tax year (January
1–December 31), or Note: A nonresident alien who, with a
income exclusion, you may not expect U.S. citizen or U.S. resident alien
to qualify until after the automatic ● A U.S. resident alien who is a citizen spouse, chooses to be taxed as a
2-month extension period described or national of a country with which the resident of the United States may qualify
earlier. If this occurs, you may apply for United States has an income tax treaty under this test if the time requirements
an extension to a date after you expect in effect and who is a bona fide resident are met. See Pub. 54 for details on how
to qualify. of a foreign country, or countries, for an to make this choice.
To apply for this extension, complete uninterrupted period that includes an
and file Form 2350, Application for entire tax year (January 1–December
31). Get Pub. 901, U.S. Tax Treaties, for Line 3
Extension of Time To File U.S. Income
Tax Return, with the Internal Revenue a list of countries with which the United Tax Home Test
Service Center, Philadelphia, PA 19255, States has an income tax treaty in
effect. To meet this test, your tax home must
before the due date of your return. be in a foreign country, or countries,
Interest is charged on the tax not paid No specific rule determines if you are
a bona fide resident of a foreign country throughout your period of bona fide
by the regular due date as explained residence or physical presence,
above. because the determination involves your
intention about the length and nature of whichever applies. For this purpose,
your stay. Evidence of your intention your period of physical presence is the
Choosing the Exclusion may be your words and acts. If these 330 full days during which you were
To choose the foreign earned income conflict, your acts carry more weight present in a foreign country, not the 12
exclusion, complete the appropriate than your words. Generally, if you go to consecutive months during which those
parts of Form 2555-EZ and file it with a foreign country for a definite, days occurred.
your Form 1040 or Form 1040X, temporary purpose and return to the Your tax home is your regular or
Amended U.S. Individual Income Tax United States after you accomplish it, principal place of business, employment,
Return. you are not a bona fide resident of the or post of duty, regardless of where you
Once you choose to claim the foreign country. If accomplishing the maintain your family residence. If you do
exclusion, that choice remains in effect purpose requires an extended, indefinite not have a regular or principal place of
for that year and all future years unless stay, and you make your home in the business because of the nature of your
it is revoked. To revoke your choice, you foreign country, you may be a bona fide trade or business, your tax home is your
must attach a statement to your return resident. See Pub. 54 for more regular place of abode (the place where
for the first year you do not wish to information and examples. you regularly live).
claim the exclusion. If you revoke your If you submitted a statement to the You are not considered to have a tax
choice, you may not claim the exclusion authorities of a foreign country in which home in a foreign country for any period
for your next 5 tax years without the you earned income that you are not a during which your abode is in the United
approval of the Internal Revenue resident of that country, and the States. However, if you are temporarily
Service. See Pub. 54 for more authorities hold that you are not subject present in the United States, or you
information. to their income tax laws as a resident, maintain a dwelling in the United States
Earned income credit.—If you claim the you are not considered a bona fide (whether or not that dwelling is used by
exclusion, you cannot take the earned resident of that country. your spouse and dependents), it does
income credit. If you submitted such a statement and not necessarily mean that your abode is
the authorities have not made an in the United States during that time.
Page 2
Example. You are employed on an 31, 1994. The number of days in your Foreign earned income does not
offshore oil rig in the territorial waters of qualifying period that fall within 1992 is include—
a foreign country and work a 28-day 140 (August 14 through December 31, ● Amounts from line 12, column (d),
on/28-day off schedule. You return to 1992). ● Amounts paid to you by the U.S.
your family residence in the United Government or any of its agencies if you
States during your off periods. You are Line 17 were an employee of the U.S.
considered to have an abode in the Government or any of its agencies,
United States and do not meet the tax Enter the total foreign earned income
home test. You may not claim the you earned and received in 1992. ● Amounts that are actually a
foreign earned income exclusion. Report the amount in U.S. dollars using distribution of corporate earnings or
the exchange rates in effect when you profits rather than a reasonable
actually received the income. Be sure to allowance as compensation for your
Line 12 report on Form 1040 all income you personal services, or
Complete columns (a) through (d) if you received in 1992 regardless of when you ● Amounts received after the end of the
were present in the United States or any earned it. tax year following the tax year in which
of its possessions in 1992. Do not Income is earned in the year you you performed the services.
include time spent in the United States performed the services for which you Income earned in prior year.—Foreign
or its possessions before your period of received the pay. But if you received earned income received in 1992 for
bona fide residence or physical your last wage or salary payment for services you performed in 1991 may be
presence, whichever applies, began or 1991 in 1992 because of your excluded from your 1992 gross income
after it ended. employer’s payroll period, that income if, and to the extent, the income would
Column (d).—Enter, in U.S. dollars, the may be treated as earned in 1992. If you have been excludable if you had
amount of income earned in the United cannot treat that wage or salary received it in 1991.
States on business (e.g., meetings or payment as earned in 1992, the rules If you are excluding income under this
conventions). Attach a statement explained later under Income earned in rule, do not include this income on line
showing how you determined the prior year apply. See Pub. 54 for more 17. Instead, attach a statement to Form
amount. Do not include this income on details. 2555-EZ showing how you figured the
line 17. Even if you live and work in a Foreign earned income.—For purposes exclusion. Enter the amount that would
foreign country, any income earned of this form, foreign earned income have been excludable in 1991 on Form
during the time spent in the United means only the following types of 2555-EZ to the left of line 18. Next to
States on business is considered U.S. income received for personal services the amount write “Exclusion of Income
source income and may not be you performed in a foreign country Earned in 1991.” Include it in the total
excluded. during the period for which you meet the reported on line 18.
tax home test and either the bona fide Note: If you claimed any deduction,
Line 14 residence test or the physical presence credit, or exclusion on your 1991 return
test: that is definitely related to the 1991
Enter the number of days in your
qualifying period that fall within 1992. ● Wages, salaries, tips, and bonuses. foreign ear ned income you are excluding
Your qualifying period is the period ● Noncash income (such as a home or under this rule, you may have to amend
during which you meet the tax home car) if reported as income on Form your 1991 income tax retur n to adjust
test and either the bona fide residence 1040, line 7. the amount claimed. To do this, file
test or the physical presence test. ● Allowances or reimbursements if For m 1040X.
Example. You establish a tax home and reported as income on Form 1040, line
bona fide residence in a foreign country 7.
on August 14, 1992. You maintain the
tax home and residence until January

Page 3
List of Qualifying Countries and Time Periods—Waiver of Time Requirements

Time Periods

Country Beginning and Ending

Afghanistan April 23, 1979 Still in effect


Bahrain January 17, 1991 April 9, 1991
Bosnia and Hercegovina April 7, 1992 Still in effect
China June 7, 1989 August 9, 1989
Colombia August 29, 1989 November 22, 1989
Ethiopia April 25, 1991 July 9, 1991
Haiti October 29, 1991 Still in effect
Iran September 1, 1978 Still in effect
Iraq August 3, 1990 April 9, 1991
Jordan December 26, 1990 April 1, 1991
Kuwait August 3, 1990 April 9, 1991
Lebanon August 31, 1979 Still in effect
Liberia June 1, 1990 October 21, 1990
Libya August 31, 1979 August 31, 1992
Mauritania January 13, 1991 April 1, 1991
Morocco January 11, 1991 March 22, 1991
Oman January 17, 1991 April 9, 1991
Pakistan January 15, 1991 April 11, 1991
Panama May 12, 1989 November 6, 1989
Philippines November 15, 1990 December 14, 1990
Qatar January 17, 1991 April 9, 1991
Saudi Arabia January 17, 1991 April 9, 1991
Somalia December 21, 1990 July 5, 1991
Sudan December 26, 1990 April 8, 1991
Tanzania January 25, 1991 March 16, 1991
United Arab Emirates January 17, 1991 April 9, 1991
Yemen August 18, 1990 March 29, 1991

$
July 4, 1991 August 8, 1991
Yugoslavia September 19, 1991 December 25, 1991
June 13, 1992 Still in effect
Zaire September 24, 1991 Still in effect

Note: The above list reflects the changes made after the 1991 Form 2555 Instructions were
printed, up to and including August 31, 1992.

Page 4

You might also like