INVESTORS, SOLE PROPRIETORS
FOREIGN EARNED INCOME EXCLUSION
United States citizens and resident aliens are taxed on their worldwide income, whether the person lives inside or outside of the United States. However, qualifying U.S. citizens and resident aliens who live and work abroad may be able to exclude from their income all or part of their foreign earnings (self-employed income, salary or wage) that is adjusted annually for inflation ($102,100 for 2017, $103,900 for 2018 and $105,900 for 2019). In addition, they may also qualify to exclude or deduct certain foreign housing costs.
A common misconception that contributes to the international tax gap is that this potentially excludable foreign earned income is exempt income not reportable on a US tax return. In fact, only a qualifying individual with qualifying income may elect to exclude foreign earned income and this exclusion applies only if a tax return is filed and the income is reported.
To claim the foreign earned income exclusion, the foreign housing exclusion or deduction, you must meet all three of the following requirements.
1. Your tax home must be in a foreign country.
2. You must have foreign earned income.
3. 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.
A U.S. citizen or a 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.
Foreign Housing Exclusion or Deduction
In addition to the foreign earned income exclusion, you also can claim an exclusion or a deduction from gross income for your housing amount if your tax home is in a foreign country and you qualify for the exclusions and deduction under either the bona fide residence test or the physical presence test.
The housing exclusion applies only to amounts considered paid for with employer-provided amounts. The housing deduction applies only to amounts paid for with self-employment earnings.
Foreign Housing Exclusion
If you do not have self-employment income, all of your earnings are employer-provided amounts and your entire housing amount is considered paid for with those employer-provided amounts. This means that you can exclude (up to the limits) your entire housing amount.
Foreign Housing Deduction
If you don’t have self-employment income, you can’t take a foreign housing deduction. How you figure your housing deduction depends on whether you have only self-employment income or both self-employment income and employer-provided income. In either case, the amount you can deduct is subject to the special limit.