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Department of the Treasury

Internal Revenue Service

Instructions for Form 2555-EZ


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

Paperwork Reduction Foreign country.—A foreign country is


any territory (including the air space,
not be counted in determining if you
qualify under the bona fide residence or
Act Notice territorial waters, seabed, and subsoil) physical presence test; and (2) any
We ask for the information on this form under the sovereignty of a government income earned in that country is not
to carry out the Internal Revenue laws of other than the United States. It does not considered foreign earned income. See
the United States. You are required to include U.S. possessions or territories. page 4 for a list of countries to which
give us the information. We need it to Note: Specific rules apply to determine U.S. travel restrictions apply.
ensure that you are complying with if you are a resident or nonresident alien
these laws and to allow us to figure and of the United States. Get Pub. 519, U.S. Additional Information
collect the right amount of tax. Tax Guide for Aliens, for details.
Pub. 54, Tax Guide for U.S. Citizens and
The time needed to complete and file Resident Aliens Abroad, has more
this form will vary depending on Who Qualifies information about the bona fide
individual circumstances. The estimated You may use Form 2555-EZ to claim the residence test, the physical presence
average time is: foreign earned income exclusion if all test, and the foreign earned income
Recordkeeping 26 min. five of the following apply. exclusion. You can get this publication
from most U.S. embassies and
Learning about the 1. You meet the seven conditions
consulates or by writing to: Eastern Area
law or the form 17 min. listed at the top of Form 2555-EZ.
Distribution Center, P.O. Box 25866,
2. Your total foreign earned income Richmond, VA 23286-8107.
Preparing the form 42 min.
received in 1995 is reported on Form
Copying, assembling, 1040, line 7.
and sending the form Waiver of Time
3. You do not have a housing
to the IRS 35 min. deduction carryover from 1994. Requirements
If you have comments concerning the 4. You meet either the bona fide If your tax home was in a foreign
accuracy of these time estimates or residence test (see the instructions for country and you were a bona fide
suggestions for making this form lines 1a and 1b on page 2) or the resident of, or physically present in, a
simpler, we would be happy to hear from physical presence test (see the foreign country and had to leave
you. You can write or call the IRS. See instructions for lines 2a and 2b on because of war, civil unrest, or similar
the Instructions for Form 1040. page 2). adverse conditions, the minimum time
5. You meet the tax home test (see requirements specified under the bona
General Instructions the instructions for line 3 on page 2). fide residence and physical presence
tests may be waived. You must be able
Note: If your only earned income from to show that you reasonably could have
A Change To Note work abroad is pay you received from expected to meet the minimum time
the U.S. Government as its employee, requirements if you had not been
Do not attach Form 2555-EZ to the
you do not qualify for the foreign earned required to leave. If you left one of the
front of Form 1040. Instead, attach it in
income exclusion. Do not file Form countries listed on page 4 during the
the order of the “Attachment Sequence
2555-EZ. period indicated, you can claim the
No.” shown in the upper right corner of
the form. Married Couples foreign earned income exclusion on
Do not include on Form 1040, Form 2555-EZ, but only for the number
If both you and your spouse qualify for, of days you were a bona fide resident
line 55 (Federal income tax
TIP withheld), any taxes a foreign
and choose to claim, the foreign earned
income exclusion, figure the amount of
of, or physically present in, the foreign
employer withheld from your country.
the exclusion separately for each of you.
pay and paid to the foreign country’s tax You each must complete separate If you can claim the foreign earned
authority instead of to the U.S. Treasury. Forms 2555-EZ. income exclusion because of the waiver
of time requirements, attach a statement
Community income.—The amount of to your return explaining that you
Purpose of Form the exclusion is not affected by the expected to meet the applicable time
If you qualify, you may use Form income-splitting provisions of community requirement, but the conditions in the
2555-EZ instead of Form 2555, Foreign property laws. The sum of the amounts foreign country prevented you from the
Earned Income, to exclude a limited figured separately for each of you is the normal conduct of business. Also, write
amount of your foreign earned income. total amount excluded on a joint return. “Claiming Waiver” in the top margin on
You may not exclude more than your page 1 of your 1995 Form 2555-EZ.
foreign earned income for the year. Violation of Travel
Remember, U.S. citizens and U.S. Restrictions Where To Attach
resident aliens living in a foreign country
Generally, if you were in a foreign Attach Form 2555-EZ to Form 1040 in
are subject to the same U.S. income tax
country in violation of U.S. travel the order of the “Attachment Sequence
laws that apply to citizens and resident
restrictions, the following rules apply: No.” shown in the upper right corner of
aliens living in the United States.
(1) any time spent in that country may the form.

Cat. No. 14623P


Where To File foreign income taxes paid on income considered a bona fide resident of that
you exclude. If all your foreign earned country.
Send your return to the Internal Revenue income is excluded, you may not claim a
Service Center, Philadelphia, PA Line 1b.—If you answered “Yes” on line
credit or deduction for the foreign taxes 1a, enter the dates your bona fide
19255-0002. 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
When To File credit or deduction for the foreign taxes “Continues” in the space for the date
Form 1040 is generally due April 15, allocable to the excluded income. For your bona fide residence ended.
1996. details on how to figure the amount
allocable to the excluded income, get
However, you are automatically Pub. 514, Foreign Tax Credit for
Lines 2a and 2b
granted a 2-month extension of time to Individuals.
file (to June 17, 1996) if, on the due date Physical Presence Test
of your return, you live outside the IRA deduction.—If you claim the To meet this test, you must be a U.S.
United States and Puerto Rico, AND exclusion, special rules apply in figuring citizen or resident alien who is physically
your tax home (defined later) is outside the amount of your IRA deduction. For present in a foreign country, or
the United States and Puerto Rico. If details, get Pub. 590, Individual countries, for at least 330 full days
you take this extension, you must attach Retirement Arrangements (IRAs). during any period of 12 months in a row.
a statement to your return explaining A full day means the 24-hour period
that you meet these two conditions. Specific Instructions that starts at midnight.
The automatic 2-month extension also To figure the minimum of 330 full
applies to paying the tax. However, Lines 1a and 1b days’ presence, add all separate periods
interest is charged on the unpaid tax you were present in a foreign country
from the regular due date until it is paid. Bona Fide Residence Test during the 12-month period in which
Special extension of time.—The first To meet this test, you must be one of those days occurred. The 330 full days
year you plan to take the foreign earned the following: may be interrupted by periods when you
income exclusion, you may not expect are traveling over international waters or
● A U.S. citizen who is a bona fide are otherwise not in a foreign country.
to qualify until after the automatic resident of a foreign country, or
2-month extension period described See Pub. 54 for more information and
countries, for an uninterrupted period examples.
earlier. If this occurs, you may apply for that includes an entire tax year (January
an extension to a date after you expect 1–December 31), or Note: A nonresident alien who, with a
to qualify. U.S. citizen or U.S. resident alien
● A U.S. resident alien who is a citizen spouse, chooses to be taxed as a
To apply for this extension, complete or national of a country with which the
and file Form 2350, Application for resident of the United States may qualify
United States has an income tax treaty under this test if the time requirements
Extension of Time To File U.S. Income in effect and who is a bona fide resident
Tax Return, with the Internal Revenue are met. See Pub. 54 for details on how
of a foreign country, or countries, for an to make this choice.
Service Center, Philadelphia, PA 19255, uninterrupted period that includes an
before the due date of your return. entire tax year (January 1–December
Interest is charged on the tax not paid 31). Get Pub. 901, U.S. Tax Treaties, for Line 3
by the regular due date as explained a list of countries with which the United
above. Tax Home Test
States has an income tax treaty in
effect. To meet this test, your tax home must
Choosing the Exclusion No specific rule determines if you are be in a foreign country, or countries,
a bona fide resident of a foreign country throughout your period of bona fide
To choose the foreign earned income residence or physical presence,
exclusion, complete the appropriate because the determination involves your
intention about the length and nature of whichever applies. For this purpose,
parts of Form 2555-EZ and file it with your period of physical presence is the
your Form 1040 or Form 1040X, your stay. Evidence of your intention
may be your words and acts. If these 330 full days during which you were
Amended U.S. Individual Income Tax present in a foreign country, not the 12
Return. Your initial choice to claim the conflict, your acts carry more weight
than your words. Generally, if you go to consecutive months during which those
exclusion must usually be made on a days occurred.
timely filed return (including extensions) a foreign country for a definite,
or on a return amending a timely filed temporary purpose and return to the Your tax home is your regular or
return. However, there are exceptions. United States after you accomplish it, principal place of business, employment,
See Pub. 54 for details. you are not a bona fide resident of the or post of duty, regardless of where you
foreign country. If accomplishing the maintain your family residence. If you do
Once you choose to claim the not have a regular or principal place of
exclusion, that choice remains in effect purpose requires an extended, indefinite
stay, and you make your home in the business because of the nature of your
for that year and all future years unless trade or business, your tax home is your
it is revoked. To revoke your choice, you foreign country, you may be a bona fide
resident. See Pub. 54 for more regular place of abode (the place where
must attach a statement to your return you regularly live).
for the first year you do not wish to information and examples.
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
you are not considered a bona fide (whether or not that dwelling is used by
Earned income credit.—You cannot your spouse and dependents), it does
take the earned income credit if you resident of that country.
If you submitted such a statement and not necessarily mean that your abode is
claim the exclusion. in the United States during that time.
Foreign tax credit or deduction.—You the authorities have not made an
adverse determination of your Example. You are employed on an
may not claim a credit or deduction for offshore oil rig in the territorial waters of
nonresident status, you are not
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a foreign country and work a 28-day qualifying period that fall within 1995 is Foreign earned income does not
on/28-day off schedule. You return to 140 (August 14 through December 31, include—
your family residence in the United 1995). ● Amounts from line 12, column (d),
States during your off periods. You are ● Amounts paid to you by the U.S.
considered to have an abode in the Line 17 Government or any of its agencies if you
United States and do not meet the tax were an employee of the U.S.
home test. You may not claim the Enter the total foreign earned income
you earned and received in 1995. Government or any of its agencies,
foreign earned income exclusion.
Report the amount in U.S. dollars using ● Amounts that are actually a
the exchange rates in effect when you distribution of corporate earnings or
Line 12 actually received the income. Be sure to profits rather than a reasonable
Complete columns (a) through (d) if you report on Form 1040 all income you allowance as compensation for your
were present in the United States or any received in 1995 regardless of when you personal services, or
of its possessions in 1995. Do not earned it. ● Amounts received after the end of the
include time spent in the United States Income is earned in the year you tax year following the tax year in which
or its possessions before your period of performed the services for which you you performed the services.
bona fide residence or physical received the pay. But if you received Income earned in prior year.—Foreign
presence, whichever applies, began or your last wage or salary payment for earned income received in 1995 for
after it ended. 1994 in 1995 because of your services you performed in 1994 may be
Column (d).—Enter, in U.S. dollars, the employer’s payroll period, that income excluded from your 1995 gross income
amount of income earned in the United may be treated as earned in 1995. If you if, and to the extent, the income would
States on business (e.g., meetings or cannot treat that wage or salary have been excludable if you had
conventions). Attach a statement payment as earned in 1995, the rules received it in 1994.
showing how you determined the explained on this page under Income If you are excluding income under this
amount. Do not include this income on earned in prior year apply. See Pub. 54 rule, do not include this income on line
line 17. Even if you live and work in a for more details. 17. Instead, attach a statement to Form
foreign country, any income earned Foreign earned income.—For purposes 2555-EZ showing how you figured the
during the time spent in the United of this form, foreign earned income exclusion. Enter the amount that would
States on business is considered U.S. means only the following types of have been excludable in 1994 on Form
source income and may not be income received for personal services 2555-EZ to the left of line 18. Next to
excluded. you performed in a foreign country the amount write “Exclusion of Income
during the period for which you meet the Earned in 1994.” Include it in the total
Line 14 tax home test and either the bona fide reported on line 18.
residence test or the physical presence Note: If you claimed any deduction,
Enter the number of days in your
test. credit, or exclusion on your 1994 return
qualifying period that fall within 1995.
Your qualifying period is the period ● Wages, salaries, tips, and bonuses. that is definitely related to the 1994
during which you meet the tax home ● Noncash income (such as a home or foreign earned income you are excluding
test and either the bona fide residence car) if reported as income on Form under this rule, you may have to amend
test or the physical presence test. 1040, line 7. your 1994 income tax return to adjust
Example. You establish a tax home and ● Allowances or reimbursements if the amount claimed. To do this, file
bona fide residence in a foreign country reported as income on Form 1040, Form 1040X.
on August 14, 1995. You maintain the line 7.
tax home and residence until January
31, 1997. The number of days in your

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List of Countries To Which Travel Restrictions Apply

Time Periods

Country Beginning and Ending

Cuba January 1, 1987 Still in effect


Iraq August 2, 1990 Still in effect
Libya January 1, 1987 Still in effect

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

Time Periods

Country Beginning and Ending

Afghanistan April 23, 1979 Still in effect


Algeria December 10, 1993 March 10, 1994
Bosnia and Herzegovina April 7, 1992 Still in effect
Burundi April 8, 1994 October 4, 1994
Croatia April 7, 1992 Still in effect

Haiti
$ October 29, 1991
June 10, 1994
January 18, 1994
October 7, 1994
Iran September 1, 1978 Still in effect
Lebanon August 31, 1979 Still in effect
The Former Yugoslav
Republic of Macedonia* June 13, 1992 Still in effect
Montenegro** June 13, 1992 Still in effect
Rwanda April 8, 1994 July 6, 1994
Serbia** June 13, 1992 Still in effect
Somalia December 21, 1990 Still in effect
Sudan August 21, 1993 February 16, 1994
Yemen May 5, 1994 August 2, 1994
Zaire September 24, 1991 January 18, 1994

* The former Yugoslav Republic of Macedonia, formerly part of the Socialist Federal Republic
of Yugoslavia, has proclaimed independent statehood. On February 8, 1994, the United States
formally recognized it as an independent state.
** Montenegro and Serbia, formerly part of the Socialist Federal Republic of Yugoslavia, have
asserted the formation of a joint independent state, but this entity has not been formally
recognized as a state by the United States.

Note: The above list reflects the changes made up to and including October 30, 1995. When
this list is updated, it will be published in the Internal Revenue Bulletin.

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