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socrateaser
socrateaser, Lawyer
Category: Tax
Satisfied Customers: 33551
Experience:  Retired (mostly)
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came to afghanistan in sept 12, during that three month period,

Customer Question

came to afghanistan in sept 12, during that three month period, i received a w-2 from my current employer with whom i had only been working for two months. I filed my military w-2 along with my contractor w-2 feb of this year. I want to go home in nov, will that affect my tax refund for this year?
Submitted: 9 months ago.
Category: Tax
Expert:  socrateaser replied 9 months ago.

Hello,

In order to qualify for the IRS Foreign Earned Income Credit, you must be at least 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.

 

Based upon your stated facts, even if you started work on 9/30/2012, you would have passed the 330 day mark on 8/27/2013. Therefore, you are entitled to the earned income credit, regardless of when you leave Afghanistan.

Please let me know if my answer is helpful or if I can provide further clarification or assistance.

And, thanks for using justanswer.com!

Customer: replied 9 months ago.

What makes me a bona fide "afghan citizen?" The fact that I have been here for over 330? Also, what about my filing a w-2 with only two months on site? I did not file tax exempt, how will that affect me?

Expert:  socrateaser replied 9 months ago.
What makes me a bona fide "afghan citizen?"

A: I think we're miscommunicating a bit. My original answer provided the three separate requirements for the foreign earned income exclusion. You do not need to be a bona fide afghan citizen. You only need to satisfy the one of the three requirements -- which you apparently do -- that requirement being: 330 days of residence in a foreign country.

The fact that I have been here for over 330?

A: Yes. You qualify.

Also, what about my filing a w-2 with only two months on site? I did not file tax exempt, how will that affect me?

A: You can file a 1040X to amend your 2012 tax return so that you can use the exclusion in 2012 and obtain a refund for the prior tax year.

Hope this helps.
socrateaser, Lawyer
Category: Tax
Satisfied Customers: 33551
Experience: Retired (mostly)
socrateaser and 3 other Tax Specialists are ready to help you
Customer: replied 9 months ago.

This is a stupid question but what does uninterrupted refer to? I ask because, I did take a 17 day R&R in May.

Expert:  socrateaser replied 9 months ago.
If you returned to the USA for 17 days, then that would move the deadline to 347 days (330+17) -- which would be 9/13/2013. You're still okay under that scenario.

Hope this helps.

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