Is my tax home in a foreign country?
To qualify for the Foreign Earned Income Exclusion, the Foreign Housing Exclusion, or the Foreign Housing Deduction, expats must have a tax home in a foreign country. The concept of tax home can be tricky and is determined on a case-by-case basis. The IRS is more frequently examining (auditing) taxpayers claiming the foreign earned income exclusion. Therefore, it is always important to talk to an experienced expatriate tax specialist to ensure you apply the concept of a “tax home” correctly. Two terms are explained that all taxpayers need to know are – “tax home” and “abode”
Your tax home is defined as:
However, one point that is important for expats to note is you are not considered to have a tax home in a foreign country for any period in which your “abode” is in the United States.
"Abode" has been variously defined as:
The location of your “abode” can differ from your tax home and often will depend on where you maintain your economic, family, and personal ties. If you maintain an abode in the US, you will be ineligible to have a tax home in a foreign country.
In court decisions that address tax homes, the courts have considered the following determining factors, among others, to conclude if your abode is in the US or a foreign country:
If these facts are present, it can be determined that taxpayers had continued strong familial, economic and personal ties in the United States and only temporary ties in the foreign country where the taxpayers worked. Therefore, the taxpayers were held to have a U.S. abode and the foreign earned income exclusion, foreign housing exclusion and foreign housing deduction were not allowed.
Foreign countries are defined as any territory that is not under control of the United States. It includes that country’s airspace and territorial waters. There are exceptions that pertain to the American Samoa, the North Mariana Islands and Guam. If your tax home is in one of these locations, please contact us for more information.