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Robin D.
Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7225
Experience:  15years with H & R Block. Divisional leader, Instructor
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I submitted a question regarding taxes for expats (below) earlier

Resolved Question:

I submitted a question regarding taxes for expats (below) earlier today. I supplied my credit card info. After a long wait I heard back and authorized the process. I still have not recieved an answer. I did not recieve a oassword.Can you please check?

The question question I submitted is:
"I was employed outside the US from feb 6 2011 to Aug 31, 2012. I spent a total of 28 days in the US during that time. I qualified for and claimed the foreign earned tax deduction on my 2011 tax return. do I qualify for any foreign tax deduction for 2012?"

e-mail:XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Tax
Expert:  Robin D. replied 1 year ago.

Robin D :

Hello and thank you for using Just Answer,
Your time in another country for 2012 would satisfy the 12 month period (this was done from feb 6 2011 to Aug 31, 2012). The Form 2555 would be used for the 2012 return also but you will need to prorate the amount you can claim based on the actual days in 2012 that you were in another country. You will do that in part VII of the 2555.

Robin D :

As far as your posting anything before now, I can only say I see no other question other then this one under your user name and this question only now appeared in the question list under tax. If you have more questions about your specific account please click on contact Customer Support because I would have no information.

Robin D :

Hi

Customer:

Right. I just noticed that the card number on my original submission weas in error. Can you answer the question please.

Robin D :

I did above but here is a copy again:
Your time in another country for 2012 would satisfy the 12 month period (this was done from feb 6 2011 to Aug 31, 2012). The Form 2555 would be used for the 2012 return also but you will need to prorate the amount you can claim based on the actual days in 2012 that you were in another country. You will do that in part VII of the 2555.

Robin D :

The 12-month period on which the physical presence test is based must include 365 or 366 days, part of which
must be in 2012. The dates may begin or end in a calendar year other than 2012.

Robin D :

You meet the test for 2012

Customer:

OK. One follow up please. I believe that for 2011 the 12 month perion for eligability was calculated as 2/6/11i2/6/12. Do I claim for the period 2/7/12-8/31/12? Or can I use 1/1/12-8/31/12?

Robin D :

You will use the Aug 30 2011 - Aug 31 2012 dates

Robin D :

That is your 12 month period

Customer:

OK, thank you very much.

Robin D :

Your positive rating is always thanks enough.

If you could also participate in the very short survey that Just Answer will send you by e-mail I would appreciate that very much.
I really enjoyed working with you – please feel free to request me again when you come back to ask another question.

Robin D :

I hope your first experience with Just Answer was pleasant (even with the glitches).

Robin D., Senior Tax Advisor 4
Category: Tax
Satisfied Customers: 7225
Experience: 15years with H & R Block. Divisional leader, Instructor
Robin D. and 2 other Tax Specialists are ready to help you
Customer: replied 1 year ago.

Robin, please indulge me two more questions. I'm getting conflicting info from other sources.


Is it fair to sum up my situation thusly?


1, The same period of eligability (in my case 2/6/11-8/31/12) can be used


to cover income accrued overseas in both tax years even if they overlap. True?


2, How do I calculate the prorata deduction for 2012? I believe the max deduction is $91,500 for a full year. Given the 8 months I was away in 2012, Do I deduct 2/3rds of the maxon all 2012 income or can I take the max on all income earned during the 8 months I was over seas?


Probably an easy one for you. Hard for me to understand.


Thanks


 

Expert:  Robin D. replied 1 year ago.
Yes, even if your years overlap the time does not change for your 2012 year. For that year your qualifying time was the 12 months from Aug 30 2011 to Aug 31, 2012.
On line 38 of the Form 2555 you will enter the number of days that you were in another country in 2012. That will give you your percentage for how much of the $95,100 that you can use. In 2012 you were abroad for 244 days (remember Feb was 29 days leap year)so on line 39 you will have .667
Line 40 will be $63432 and that means you can exclude $31668 of your earnings for 2012.
You have to do the math on page 2 of the 2555 form.
Customer: replied 1 year ago.

Perfect. That was my understanding, Thanks for the comfirming.

Expert:  Robin D. replied 1 year ago.
You are most welcome.
When you visit your question homepage, you’ll see a link to request me again. This link displays and works whether I am online or offline.
Customer: replied 1 year ago.

Robin, here we go again. You were right on with your advice regarding the Foreign Earned Income determination. Now here's another wrinkle. Do I qualify as a non resident under the California Safe Harbor Rule? I claimed it in 2011. The qualifying period is 546 consecutive days outside the country (with a 45 day visit exemption). My entire time overseas (2/6/11-8/31/12) was 574 days. Am I eligable for Safe Harbor in both years?

Expert:  Robin D. replied 1 year ago.
Do you go back to California when you returned?
Return visits to California that do not exceed a total of 45 days during any taxable year covered by the employment contract are considered temporary. You were back in California for longer than 45 days and it was not for a visit in 2012. I would say no you are not covered under the safe harbor.

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