Concept of Tax Home and Form 2555

Apr 10, 2008 1 Replies

I posted a question on tax determination software earlier precisely because I wanted it to hold my hand on questions like these.



For 2007, I lived exactly the first 6 months of the year in a foreign country. My home was there. My family was there. I had a job as proteomics supervisor there for the past 3 years (yes, from mid-2004 to mid-2007). My salary was paid by the foreign university, and I paid taxes (income and others) to the foreign country.


So in mid-2007 I am back in the U.S., getting a job here and working for the last half-year here. Although my wife and daughter remain back in my wife's native country, I am here for good.



So here's what I think: my tax home was there for the first half of 2007 but back in the U.S. for the last half of 2007.



I should not have to pay U.S. income tax on income earned and taxed by a foreign employer and foreign country. It should be excluded from my income tax computation. But I should pay tax on U.S. income I earned in my new tax home in the U.S.



But Form 2555 is NOT AT ALL clear in its instructions OR its examples. I called the IRS and its expert said I met the physical presence test, but I am still not clear about the tax home!



Anyone else want to offer an opinion? The tax software seems to offer no opinion. And 1-800-829-1040 answered questions in a way that only generated more questions.


Your tax home for the first half of 2007 was the foreign country. You changed to a new tax home when you returned to the US for the last half of the year. If you were in the foreign country exactly 1/2 of the year, you may exclude up to $42,750 on Form 2555. If you earned more than this in the foreign country, you will have to pay US tax on the excess but you may claim a credit for any foreign income tax paid on the excess.

If, as it would seem, you qualified as a bona fide resident for 2006, you also qualify as a bona fide resident for 2007. You do not need to meet the physical presence rules; the residency status continues until you abandon it.

Lanny K. Williams, CPA Nawarat, Williams & Co., Ltd. Income Tax Services for Expatriate Americans

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