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Marvin,EA
Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1663
Experience:  Enrolled to Represent Taxpayers Before The IRS
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I am a united states citizen. I am a contractor who began his

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I am a united states citizen. I am a contractor who began his physical presence in Saudi Arabia on 28 May 2010. From 28 May 2010 until 27 May 2011 I did not meet the 330 full day requirement for physical presence in Saudi Arabia. I was only there 325 full days. That said my contract expires 30 July 2011 and from 22 July thru 2010 to 30 July 2011 I will have met the 330 full days in Saudi Arabia in a 365 day consecutive year.

Am I allowed to claim this 330 physical presence exemption from July 22nd 2010 - July 30th 2011? What will become of the months From May 28th 2011 to July 21st 2011.

Am i screwed? What can I do?
Submitted: 3 years ago.
Category: Tax
Expert:  Marvin,EA replied 3 years ago.

Marvin,EA :

Hello and thanks you for using Just Answer. If an individual qualifies under the physical presence test for only part of the year, the exclusion is reduced on a daily basis. Stay in a foreign country dose not have to be continuous. Days of travel between foreign countries count as full days.

Marvin,EA :

You will be physically present in Saudi Arabia 330 full days on June 2011. For tax year 2010, your present in Saudi Arabia for only 218. Your foreign earned income exclusion for 2010 is limited to $54,649 (218 / 365 x $91,500).

Marvin,EA :

For tax year 2011 if you leave Saudi Arabia in July 30, 2011, your present in Saudi Arabia in 2011 will be only 211 days. You foreign earned income exclusion for 2011 will be limited to $52,895 (211 / 365 x 91,500)

Customer:

You did not understand the question i asked

Marvin,EA :

I understand your question. Let me give you a example: Skip moves to a foreign country on August 20, 2010, to start a new job and plans to continue working in the foreign country through the end of 2011. Skip is physically present in the foreign country for at least 330 full days during the 12-month period from August 20, 2010, through August 20, 2011. However, for tax year 2010, he is present in the foreign country for only 134 days. Skip's foreign earned income exclusion for 2010 is limited to $33,592 (134 days / 365 days x $91,500)

Customer:

so what you are telling me is if I screwed up the physical presence by a few days. It is pro rated? I wont be held accountable for a HUGE payment?

Marvin,EA :

You are correct. You will be in Saudi Arabia 330 full days. The amount of the credit will be pro rated in 2010 and 2011 on your tax returns.

Marvin,EA, Enrolled Agent
Category: Tax
Satisfied Customers: 1663
Experience: Enrolled to Represent Taxpayers Before The IRS
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