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Jax Tax
Jax Tax, Tax Attorney
Category: Tax
Satisfied Customers: 1376
Experience:  JD, LL.M in Business and Taxation, IRS Enrolled Agent. Expert in Business and Tax Transactions
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Im working overseas and I qualify for being tax exempt if Im

Customer Question

Im working overseas and I qualify for being tax exempt if Im out of the country for 330 days. I will have been out for 330 but not in the same year. I was in Afghanistan for 2 months in 2010 and I will have almost 10 by the time I leave for 2011. Will I still get a pro rate for 2011 for being tax exempt?
Submitted: 2 years ago.
Category: Tax
Expert:  Jax Tax replied 2 years ago.

Jax Tax : You will not necessarily be tax exempt, but you may qualify for the foreign income exclusion.
Jax Tax : Under this exclusion, the first 91500 for 2010 can be earned tax free if you meet the following requirements.
Customer :

well I need to know about 2011

Customer :

2010 is alraedy done I was supposed to file an extension

Jax Tax : You must be in a foreign country for 330 days out of a 12 month period.File form 2553.
Customer :

I cant get a pro rate on 2011 if Im out for 285 days?

Jax Tax : Beyond that, there is a foreign housing credit for expenses that exceed 16% of this at $40.11 per day and foreign tax credits for.money earned in excess of the excluded amount. This means you receive a credit for.taxes paid over seas.
Customer :

Im paying Alabana state income tax no federal

Customer :

m

Jax Tax : If you are a resident of Alabama, they offer a foreign tax credit for taxes.paid overseas but not an exclusion so you would pay state taxes on the money earned. They do not offer the same exclusions that the IRS does. This is the unfortunate.facts and the reason you have state but no federal taxes due.
Jax Tax : There is no prorated exclusion. If only 285 days, you will not qualify for the federal exclusion. You should make.quarterly estimated tax payments to the IRS and state.to.avoid penalties. Taxes are pay as you go. If you are not having them withheld, you are responsible.for paying them quarterly.

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