U.S. Individual Income Tax Return

PAGER/SGML
Page 1 of 3

Userid: ________ DTD INSTR04
Leadpct: 0% Pt. size: 9
Fileid: D:\USERS\h2ycb\documents\epicfiles\09I2555EZ..SGM

Instructions for Form 2555-EZ

❏ Draft
(Init. & date)

❏

Ok to Print

7:41 - 19-NOV-2009

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

2009

Department of the Treasury
Internal Revenue Service

Instructions for Form
2555-EZ
Foreign Earned Income Exclusion

General Instructions
Do not include on Form 1040, line
61 (federal income tax withheld),
CAUTION any taxes a foreign employer
withheld from your pay and paid to the
foreign country’s tax authority instead of
to the U.S. Treasury.

!

What’s New
Exclusion amount. For 2009, the
maximum exclusion has increased to
$91,400.

Purpose of Form
If you qualify, you can use Form 2555-EZ
instead of Form 2555, Foreign Earned
Income, to figure your foreign earned
income exclusion. You cannot exclude
more than your foreign earned income for
the year.

General Information
If you are a U.S. citizen or a U.S. resident
alien living in a foreign country, you are
subject to the same U.S. income tax laws
that apply to citizens and resident aliens
living in the United States.
Note. Specific rules apply to determine if
you are a resident or nonresident alien of
the United States. See Pub. 519, U.S.
Tax Guide for Aliens, for details.
Foreign country. A foreign country is
any territory under the sovereignty of a
government other than that of the United
States.
The term “foreign country” includes the
country’s territorial waters and airspace,
but not international waters and the
airspace above them. It also includes the
seabed and subsoil of those submarine
areas adjacent to the country’s territorial
waters over which it has exclusive rights
under international law to explore and
exploit the natural resources.
The term “foreign country ” does not
include U.S. possessions or territories. It
does not include the Antarctic region.

Who Qualifies
You can use Form 2555-EZ to claim the
foreign earned income exclusion if all of
the following apply.
• You meet the seven conditions listed at
the top of Form 2555-EZ.

• Your total foreign earned income

received in 2009 is reported on Form
1040, line 7.
• You do not have a housing deduction
carryover from 2008.
• You meet either the bona fide
residence test (see the instructions for
lines 1a and 1b on page 2) or the physical
presence test (see the instructions for
lines 2a and 2b on page 2).
• You meet the tax home test (see the
instructions for line 3 on page 2).
Note. If your only earned income from
work abroad is pay you received from the
U.S. Government as its employee, you do
not qualify for the foreign earned income
exclusion. Do not file Form 2555-EZ.

Married Couples
If both you and your spouse qualify for,
and choose to claim, the foreign earned
income exclusion, figure the amount of
the exclusion separately for each of you.
You must each complete separate Forms
2555-EZ.
Community income. The amount of the
exclusion is not affected by the
income-splitting provisions of community
property laws. The sum of the amounts
figured separately for each of you is the
total amount excluded on a joint return.

Travel to Cuba
Generally, if you were in Cuba in violation
of U.S. travel restrictions, the following
rules apply.
• Any time spent in Cuba cannot be
counted in determining if you qualify
under the bona fide residence or physical
presence test.
• Any income earned in Cuba is not
considered foreign earned income.
Note. If you performed services at the
U.S. Naval Base at Guantanamo Bay,
you were not in violation of U.S. travel
restrictions.

Additional Information
Pub. 54, Tax Guide for U.S. Citizens and
Resident Aliens Abroad, has more
information about the bona fide residence
test, the physical presence test, and the
foreign earned income exclusion. You can
get this publication from most U.S.
Embassies and consulates or by writing
to: National Distribution Center, 1201 N.
Mitsubishi Motorway, Bloomington, IL
61705-6613. You can also download this
publication (as well as other forms and
Cat. No. 14623P

publications) from the IRS website at
www.irs.gov.

Waiver of Time
Requirements
If your tax home was in a foreign country
and you were a bona fide resident of, or
physically present in, a foreign country
and had to leave because of war, civil
unrest, or similar adverse conditions, the
minimum time requirements specified
under the bona fide residence and
physical presence tests may be waived.
You must be able to show that you
reasonably could have expected to meet
the minimum time requirements if you had
not been required to leave. Each year the
IRS will publish in the Internal Revenue
Bulletin a list of the only countries that
qualify for the waiver for the previous year
and the dates they qualify. If you left one
of the countries during the period
indicated, you can claim the foreign
earned income exclusion on Form
2555-EZ, but only for the number of days
you were a bona fide resident of, or
physically present in, the foreign country.
If you can claim the foreign earned
income exclusion because of the waiver
of time requirements, attach a statement
to your return explaining that you
expected to meet the applicable time
requirement, but the conditions in the
foreign country prevented you from the
normal conduct of business. Also, enter
“Claiming Waiver” in the top margin on
page 1 of your 2009 Form 2555-EZ.

When To File
Form 1040 is generally due April 15,
2010.
However, you are automatically
granted a 2-month extension of time to
file (to June 15, 2010) if, on the due date
of your return, you live outside the United
States and Puerto Rico and your tax
home (defined later) is outside the United
States and Puerto Rico. If you take this
extension, you must attach a statement to
your return explaining that you meet
these two conditions.
The automatic 2-month extension also
applies to paying the tax. However,
interest is charged on the unpaid tax from
the regular due date until it is paid.
When to claim the exclusion(s). The
first year you plan to take the foreign
earned income exclusion, you may not

Page 2 of 3

Instructions for Form 2555-EZ

7:41 - 19-NOV-2009

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

yet have met either the physical presence
test or the bona fide residence test by the
due date of your return (including the
automatic 2-month extension, discussed
earlier). If this occurs, you can either:
1. Apply for a special extension to a
date after you expect to qualify, or
2. File your return timely without
claiming the exclusion and then file an
amended return after you qualify.
Special extension of time. To apply
for this extension, complete and file Form
2350, Application for Extension of Time
To File U.S. Income Tax Return, with the
Department of the Treasury, Internal
Revenue Service Center, Austin, TX
73301-0215, before the due date of your
return. Interest is charged on the tax not
paid by the regular due date as explained
earlier.
Amended return. File Form 1040X,
Amended U.S. Individual Income Tax
Return, to change a return you already
filed. Generally, Form 1040X must be
filed within 3 years after the date the
original return was filed or within 2 years
after the date the tax was paid, whichever
is later.

Choosing the Exclusion
To choose the foreign earned income
exclusion, complete the appropriate parts
of Form 2555-EZ and file it with your
Form 1040 or Form 1040X. Your initial
choice to claim the exclusion must usually
be made on a timely filed return (including
extensions) or on a return amending a
timely filed return. However, there are
exceptions. See Pub. 54 for more
information.
Once you choose to claim the
exclusion, that choice remains in effect for
that year and all future years unless it is
revoked. To revoke your choice, you must
attach a statement to your return for the
first year you do not wish to claim the
exclusion. If you revoke your choice, you
cannot claim the exclusion for your next 5
tax years without the approval of the
Internal Revenue Service. See Pub. 54
for details.
Figuring tax on income not excluded.
If you claim the foreign earned income
exclusion, you must figure the tax on your
nonexcluded income using the tax rates
that would have applied had you not
claimed the exclusion. See the
Instructions for Form 1040 and complete
the Foreign Earned Income Tax
Worksheet to figure the amount of tax to
enter on Form 1040, line 44. When
figuring your alternative minimum tax on
Form 6251, you must use the Foreign
Earned Income Tax Worksheet in the
instructions for Form 6251.
Earned income credit. You cannot take
the earned income credit if you claim the
exclusion.
Foreign tax credit or deduction. You
cannot claim a credit or deduction for
foreign income taxes paid on income you
exclude. If all of your foreign earned

income is excluded, you cannot claim a
credit or deduction for the foreign taxes
paid on that income. If only part of your
income is excluded, you cannot claim a
credit or deduction for the foreign taxes
allocable to the excluded income. For
details on how to figure the amount
allocable to the excluded income, see
Pub. 514, Foreign Tax Credit for
Individuals.
IRA deduction. If you claim the
exclusion, special rules apply in figuring
the amount of your IRA deduction. For
details, see Pub. 590, Individual
Retirement Arrangements (IRAs).

Specific Instructions
Lines 1a and 1b
Bona Fide Residence Test
To meet this test, 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 (January 1 – December
31), or
• 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 (January 1 – December
31). See Pub. 901, U.S. Tax Treaties, for
a list of countries with which the United
States has an income tax treaty in effect.
No specific rule determines if you are a
bona fide resident of a foreign country
because the determination involves your
intention about the length and nature of
your stay. Evidence of your intention may
be your words and acts. If these conflict,
your acts carry more weight than your
words. Generally, if you go to a foreign
country for a definite, temporary purpose
and return to the United States after you
accomplish it, you are not a bona fide
resident of the foreign country. If
accomplishing the purpose requires an
extended, indefinite stay, and you make
your home in the foreign country, you
may be a bona fide resident. See Pub. 54
for more information and examples.
If you submitted a statement of
nonresidence to the authorities of a
foreign country in which you earned
income and the authorities hold that you
are not subject to their income tax laws by
reason of nonresidency in the foreign
country, you are not considered a bona
fide resident of that country.
If you submitted such a statement and
the authorities have not made an adverse
determination of your nonresident status,
you are not considered a bona fide
resident of that country.
Line 1b. If you answered “Yes” on line
1a, enter the dates your bona fide
residence began and ended. If you are

-2-

still a bona fide resident, enter
“Continues” in the space for the date
your bona fide residence ended.

Lines 2a and 2b
Physical Presence Test
To meet this test, you must be a U.S.
citizen or resident alien who is physically
present in a foreign country, or countries,
for at least 330 full days during any period
of 12 months in a row. A full day means
the 24-hour period that starts at midnight.
To figure 330 full days of presence,
add all separate periods you were present
in a foreign country during the 12-month
period in which those days occurred. The
330 full days can be interrupted by
periods when you are traveling over
international waters or are otherwise not
in a foreign country. See Pub. 54 for more
information and examples.
Note. A nonresident alien who, with a
U.S. citizen or U.S. resident alien spouse,
chooses to be taxed as a resident of the
United States can qualify under this test if
the time requirements are met. See Pub.
54 for details on how to make this choice.

Line 3
Tax Home Test
To meet this test, your tax home must be
in a foreign country, or countries (see
Foreign country on page 1), throughout
your period of bona fide residence or
physical presence, whichever applies. For
this purpose, your period of physical
presence is the 330 full days during which
you were present in a foreign country, not
the 12 consecutive months during which
those days occurred.
Your tax home is your regular or
principal place of business, employment,
or post of duty, regardless of where you
maintain your family residence. If you do
not have a regular or principal place of
business because of the nature of your
trade or business, your tax home is your
regular place of abode (the place where
you regularly live).
You are not considered to have a tax
home in a foreign country for any period
during which your abode is in the United
States. However, if you are temporarily
present in the United States, or you
maintain a dwelling in the United States
(whether or not that dwelling is used by
your spouse and dependents), it does not
necessarily mean that your abode is in
the United States during that time.
Example. You are employed on an
offshore oil rig in the territorial waters of a
foreign country and work a 28-day on/
28-day off schedule. You return to your
family residence in the United States
during your off periods. You are
considered to have an abode in the
United States and do not meet the tax
home test. You cannot claim the foreign
earned income exclusion.

Page 3 of 3

Instructions for Form 2555-EZ

7:41 - 19-NOV-2009

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Line 12
Complete columns (a) through (d) if you
were present in the United States or any
of its possessions in 2009. Do not include
time spent in the United States or its
possessions before your period of bona
fide residence or physical presence,
whichever applies, began or after it
ended.
Column (d). Enter, in U.S. dollars, the
amount of income earned in the United
States on business (such as meetings or
conventions). Attach a statement showing
how you determined the amount. Do not
include this income on line 17. Even if you
live and work in a foreign country, any
income earned during the time spent in
the United States on business is
considered U.S. source income and
cannot be excluded.

Line 14
Enter the number of days in your
qualifying period that fall within 2009.
Your qualifying period is the period during
which you meet the tax home test and
either the bona fide residence test or the
physical presence test.
Example. You establish a tax home and
bona fide residence in a foreign country
on August 14, 2009. You maintain the tax
home and residence until January 31,
2011. The number of days in your
qualifying period that fall within 2009 is
140 (August 14 through December 31,
2009).

Line 17
Enter the total foreign earned income you
earned and received in 2009. Report the
amount in U.S. dollars using the
exchange rates in effect when you
actually received the income. If you are a
cash-basis taxpayer, include in income on
Form 1040 the foreign earned income you
received in 2009 regardless of when you
earned it. (For example, include wages on
Form 1040, line 7.)
Income is earned in the year you
performed the services for which you
received the pay. But if you received your

last wage or salary payment for 2008 in
2009 because of your employer’s payroll
period, that income can be treated as
earned in 2009. If you cannot treat that
wage or salary payment as earned in
2009, the rules explained later under
Income earned in prior year apply. See
Pub. 54 for more details.
Foreign earned income. For purposes
of this form, foreign earned income
means only the following types of income
received for personal services you
performed in a foreign country during the
period for which you meet the tax home
test and either the bona fide residence
test or the physical presence test.
• Wages, salaries, tips, and bonuses.
• Noncash income (such as a home or
car) if reported as income on Form 1040,
line 7.
• Allowances or reimbursements if
reported as income on Form 1040, line 7.
Foreign earned income does not
include:
• Income earned in the United States on
business (Form 2555-EZ, line 12, column
(d)),
• Amounts paid to you by the U.S.
Government or any of its agencies if you
were an employee of the U.S.
Government or any of its agencies,
• Amounts that are actually a distribution
of corporate earnings or profits rather
than a reasonable allowance as
compensation for your personal services,
• Amounts received after the end of the
tax year following the tax year in which
you performed the services, or
• Amounts you must include in gross
income because of your employer’s
contributions to a nonexempt employees’
trust or to a nonqualified annuity contract.
Income earned in prior year. Foreign
earned income received in 2009 for
services you performed in 2008 can be
excluded from your 2009 gross income if,
and to the extent, the income would have
been excludable if you had received it in
2008.
If you are excluding income under this
rule, do not include this income on line

-3-

17. Instead, attach a statement to Form
2555-EZ showing how you figured the
exclusion. Enter the amount that would
have been excludable in 2008 on Form
2555-EZ to the left of line 18. Next to the
amount enter “Exclusion of Income
Earned in 2008.” Include it in the total
reported on line 18.
Note. If you claimed any deduction,
credit, or exclusion on your 2008 return
that is definitely related to the 2008
foreign earned income you are excluding
under this rule, you may have to amend
your 2008 income tax return to adjust the
amount claimed. To do this, file Form
1040X.
Paperwork Reduction Act Notice. We
ask for the information on this form to
carry out the Internal Revenue laws of the
United States. You are required to give us
the information. We need it to ensure that
you are complying with these laws and to
allow us to figure and collect the right
amount of tax.
You are not required to provide the
information requested on a form that is
subject to the Paperwork Reduction Act
unless the form displays a valid OMB
control number. Books or records relating
to a form or its instructions must be
retained as long as their contents may
become material in the administration of
any Internal Revenue law. Generally, tax
returns and return information are
confidential, as required by Internal
Revenue Code section 6103.
The average time and expenses
required to complete and file this form will
vary depending on individual
circumstances. For the estimated
averages, see the instructions for your
income tax return.
If you have suggestions for making this
form simpler, we would be happy to hear
from you. See the instructions for your
income tax return.