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Tax.appeal.168, Tax Accountant
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Question/Issue: I am a contractor in Afghanistan. I started

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Question/Issue: I am a contractor in Afghanistan. I started June 22, 2012. My end of contract was Dec 9, 2012. I started training with another company on Jan. 7, 2013, in the United States. I came back to Afghanistan on Feb 18, 2013. I presently work in Afghanistan. Do I still have to pay taxes for the first $90,000.00 for tax season 2012?
Welcome. Thank you for choosing us to assist you. My name is XXXXX XXXXX my goal is to help make YOUR life, a little...LESS taxing.

In order to better assist you, please let me know if you are a U.S. or Australian citizen. The originating region show as Australia.
Customer: replied 3 years ago.

I am a US citizen.

Hello again,

Thank you for the clarification. What you referred to in your initial inquiry is the Foreign Earned Income Exclusion. The requirements to qualify for the exclusion are as follows:

you must have foreign earned income, your tax home must be in a foreign country, and you must be one of the following:

A U.S. citizen who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year,

A U.S. resident alien who is a citizen or national of a country with which the United States has an income tax treaty in effect and who is a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year, or

A U.S. citizen or a U.S. resident alien who is physically present in a foreign country or countries for at least 330 full days during any period of 12 consecutive months.


As you were only in Afghanistan for 170 days (just shy of 6 mos.), you will not be eligible to take the exclusion, therefore the answer to your question is yes, you will need to pay tax on all of your income.

Please let me know if you require additional assistance with this matter.

As we know that you have choices, I thank you for choosing this Q&A service today.
Customer: replied 3 years ago.

Is there a special exclusion to my two month lapse in time between companys? I am still in Afghanistan.

Unless the lapse was due to civil unrest, war, or a similar situation, unfortunately there is no exception to the requirements previously mentioned. SEE BELOW:

Waiver Of Time Requirements

Both the bona fide residence test and the physical presence test contain minimum time requirements. However, the minimum time requirements can be waived if you must leave a foreign country because of war, civil unrest, or similar adverse conditions in that foreign country. You must be able to show that you reasonably could have expected to meet the minimum time requirements if not for the adverse conditions. To qualify for the waiver, you must actually have your tax home in the foreign country and be a bona fide resident of, or be physically present in, the foreign country on or before the beginning date of the waiver.


Sorry that I am unable to provide you with a more favorable answer.

Thank you again for using this Q&A service today.

For more detailed reading about the requirements of the FEIE, you can refer to the following IRS webpage.

My apologies, but I need to leave the computer for a bit. If you require further assistance with the new information provided, I will reply upon my return.
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