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Anne, Master Tax Preparer
Category: Tax
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Experience:  Enrolled Agent with 25 Years Experience specializing Individual and Small Businesses
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Hi, I need to file a 2555 form for 2012. I live in South Korea.

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Hi, I need to file a 2555 form for 2012. I live in South Korea. I was back in America for 36 days last year. I heard I have to pay income tax now since I was 1 day over the 330 days that exempt me from paying USA taxes. I made $30,000 and have no other income and can write off $900 from student loan debt.

1. It was a leap year last year. Do I get to count that day so I won't have to pay taxes in America?

2. If not, how much should I expect to pay in US income tax?

The chat option doesn't always work, so I've copied my answer into this format to make sure that you can see my answer:



Anne :


Anne :

Thank you for using justanswer

Anne :

The instructions for Form 2555 state:

Anne :

Physical Presence Test

To meet this test, you must be a U.S.

citizen or resident alien who is physically

present in a foreign country, or countries,

for at least 330 full days during any period

of 12 months in a row. A full day means

the 24-hour period that starts at midnight.

To figure 330 full days, add all separate

periods you were present in a foreign

country during the 12-month period shown

on line 16. The 330 full days can be

interrupted by periods when you are

traveling over international waters or are

otherwise not in a foreign country. See

Pub. 54 for more information and


Anne :

This means that you don't have to use a calendar year from Jan 1-Dec 31 in order to meet the 330 day presence test

Anne :

If you find that you don't meet the full presence test during any 12 month time frame, then you may take a reduced credit

Anne :

You would calculate this by the # XXXXX days that you were on foreign soil/330

Anne :

You would then use this % and multiply the $30,000 to calculate your Foreign Income Exclusion

Anne :

Please see page 20 of IRS Pub 54

Anne :

I hope this helps.

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