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Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1671
Experience:  Enrolled to Represent Taxpayers Before The IRS
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I am an overseas private contractor with a one ...

Customer Question

I am an overseas private contractor with a one year contract. If I return back to the state''s early due to life threating situation''s can I still file exempt.
Submitted: 7 years ago.
Category: Tax
Expert:  Lev replied 7 years ago.

Assuming you are an US citizen - you generally are required to report any income worldwide to the IRS.

To qualify for the foreign earned income exclusion, you should:
-- Work and reside outside the United States for at least 330 days during the year.
-- Meet either the Bona Fide or Physical Presence tests.
If you qualify, you may exclude up to $85,700 (2007) $87,600 (2008) in foreign wages. To receive that exclusion - you should file either form 2555 or 2555EZ.

Here are forms you likely need:

There were changing in the law how the exclusion and housing allowance is calculated.

Please be aware that if your husband is self-employed - the exclusion above will not affect self-employment taxes - only income taxes.

Customer: replied 7 years ago.
Reply to LEV's Post: I am a us citizen,but I think you misunderstand my question. Is there a one time tax exemption if I end a overseas contract in a warzone if I feel my life is in danger,If I come back into the US before 330 day's?
Expert:  Lev replied 7 years ago.

Unfortunately - there is no proration for exclusion in you was abroad less than 330 days. You might qualify for exclusion if you spend some time in different country - for instance on vacation - but not in the US.

In case your foreign income is taxable abroad and in the US - you may claim a credit on your federal tax return.

Sorry if you expected a different answer.


Customer: replied 7 years ago.
I was told that there is a one time tax exemption for overseas private contractors who return back to the US in less than the 330 window in a life threatning situation i.e. a warzone for instance.
Expert:  Marvin,EA replied 7 years ago.
The foreign presence or residence time requirements may be waived by IRS if it determines that local unrest (war, civil disturbance, etc.) precludes the normal conduct of business, but only for taxpayers already present in, or bona fide residents of, the foreign country. (IRC Sec.911(d)(4)). Sec.911(d)(4)(i) during any period during which the Secretary determines, after consultation with the Secretary of State or his delegate, that individuals were required to leave such foreign country because of war, civil unrest, or similar adverse conditions in such foreign country which precluded the normal conduct of business by such individuals.
Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1671
Experience: Enrolled to Represent Taxpayers Before The IRS
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