Revoking the foreign earned income exclusion


L

leebop

-------------------------------------

Hello. I'm eligible for the foreign earned income exclusion for my 2008
taxes (based on the physical presence test). I have changed jobs for 2009
and will not be eligible for the foreign earned income exclusion for 2009
because I will be traveling back to the US for long periods of time, and
also will not qualify under the bona fide resident test for 2009. If I
claim the foreign earned income exclusion for 2008, but not for 2009, is
that automatically considered revoking it? I'd like to claim the foreign
earned income exclusion again for 2010, but my understanding is that if
you revoke it, you can't use it again for 5 years. I do not plan to write
the IRS to revoke it (which is they're explanation of revoking), but I
wonder if just NOT claiming it for 2009 will prohibit me from claiming it
in 2010 also? Thanks!
 
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A

Arthur Kamlet

-------------------------------------

Hello. I'm eligible for the foreign earned income exclusion for my 2008
taxes (based on the physical presence test). I have changed jobs for 2009
and will not be eligible for the foreign earned income exclusion for 2009
because I will be traveling back to the US for long periods of time, and
also will not qualify under the bona fide resident test for 2009. If I
claim the foreign earned income exclusion for 2008, but not for 2009, is
that automatically considered revoking it? I'd like to claim the foreign
earned income exclusion again for 2010, but my understanding is that if
you revoke it, you can't use it again for 5 years. I do not plan to write
the IRS to revoke it (which is they're explanation of revoking), but I
wonder if just NOT claiming it for 2009 will prohibit me from claiming it
in 2010 also? Thanks!
Click to expand...
If you're not eligible for FEIE then you are not eligible and cannot
claim. That is not the same as revoking.
 
P

parrisbraeside

-------------------------------------

Hello.  I'm eligible for the foreign earned income exclusion for my 2008
taxes (based on the physical presence test).  I have changed jobs for 2009
and will not be eligible for the foreign earned income exclusion for 2009
because I will be traveling back to the US for long periods of time, and
also will not qualify under the bona fide resident test for 2009.  If I
claim the foreign earned income exclusion for 2008, but not for 2009, is
that automatically considered revoking it?  I'd like to claim the foreign
earned income exclusion again for 2010, but my understanding is that if
you revoke it, you can't use it again for 5 years.  I do not plan to write
the IRS to revoke it (which is they're explanation of revoking), but I
wonder if just NOT claiming it for 2009 will prohibit me from claiming it
in 2010 also?  Thanks!

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By not claiming the FEIE, you have simply elected not to claim. (In
your case, because you are not eligible.) Revoking the election would
involve claiming, then revoking.

Why are you choosing to make the FEIE? Generally, it is better to make
a FTC rather than a FEIE. Unless the foreign country's tax rate is
lower than the USA, which is rare.
 
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