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Lev
Lev, Tax Advisor
Category: Tax
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Experience:  Taxes, Immigration, Labor Relations
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Hello Angela, Would I Qualify for a prorated foreign income

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Hello Angela,

Would I Qualify for a prorated foreign income exclusion if I was out of country for 5 1/2 months last year. I am a green card holder. I was in country of my citizenship. I went overseas not explicitly for my work, but for starting my new business and being with my family. I telecommuted for a foreign source.

Lev :

Hi and welcome to our site!
Angela is not currently available - and I will help you.
You will be able to prorate foreign income exclusion ONLY if you meet requirements and ONLY for foreign earned income.

Lev :

Because you are living abroad - you might be eligible to exclude a foreign earned income (form 2555) if you spent more than 330 days during 12 month period in foreign countries or if you are a bona fide resident of a foreign country.
If that 12 month period was partially in 2012 and partially in 2013 - to determine your maximum exclusion - you will prorate each year according to number of days spent in a foreign country.

Customer:

what happens if i stayed abroad for 5 1/2 months only

Customer:

how does this work if i elected to telecommute, also my main place of work was in NJ

Customer:

Also I do not pay taxes in india for this income

Lev :

If you stay abroad less than 330 days - you may not use a foreign earned income exclusion. Requirements are to spent more than 330 days during 12 month period in foreign countries. Again this 12 month period may be partly in 2012 and partly in 2013 - but that should be such qualification period.

Customer:

It is my understanding that if i stayed there partially.. that I can claim the exclusion but it is prorated.

Customer:

despite not meeting the 330 day requirement

Lev :

If you do not meet 330 day requirement - you may not use a foreign earned income exclusion.
There is no partial exclusion if requirements are not met.
Proration is ONLY available if 330 day requirement satisfied.

Customer:

thank you

Lev and 2 other Tax Specialists are ready to help you

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