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Re: Foreign Earned Income Exclusion: Tax Home for less than 12 months

Therefore, as long as you don't establish an abode in the US during

> the 330 day period, your tax home remains Malaysia and you would be > eligible for the exclusion.

I would assume that if we close on a house in the USA while we are in Mexico, but don't actually inhabit it until we get back (we're closing by end of year because we're given incentives to close by then), that wouldn't be the same as establishing an abode... after all, Pub 54 says "your abode is not necessarily in the United States merely because you maintain a dwelling in the United States". Our "place of dwelling" is clearly in Malaysia, then in Mexico, then finally in the USA only AFTER the 330 day PPT period. A mere Real Estate transaction (on a house we couldn't possibly set foot in until after the PPT period) wouldn't change that...

Reply to
JamesAndCourtney.bowen
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Moving your abode to the U.S. would clearly prevent you from treating your tax home as outside the U.S. However, not moving your abode to the U.S. during the 330 day period doesn't necessarily mean that you continue to have tax home outside the U.S.

Do you have a job lined up in the U.S. when you return? If yes, when was the job offer? When did you accept? How many days will it be between the time you leave your job in Malaysia and the end of the 330 day period? Will you spend any time in the U.S. between the time you leave your job in Malaysia and the end of the 330 day period? If yes, what will you be doing in the U.S.during this time (and where will you be staying)? When will you ship your personal items to the U.S.? Are there any business reasons for you to go to Mexico? If yes, do they relate to the Malaysian job?

Reply to
jmail7

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