# US Expat in UAE - Dual Citizen



## cookiemonster2 (Feb 13, 2018)

Hi Folks,

I'm a dual citizen of Jordan and the United States. I'm currently living and working in the UAE and have been here since late 2016. I've not entered the United States at all since then. 

My residence permit is currently on my Jordanian passport so can I claim the FEIE based on the bona fide residence test? If not then can I opt for the physical presence test instead? Also when asked about the type of visa what should I enter there?

Thank you for your help in advance.

-CM


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## Nononymous (Jul 12, 2011)

As far as I know, the IRS doesn't care which passport you're using, as long as you are living outside the US.


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## Bevdeforges (Nov 16, 2007)

Nononymous is correct. It doesn't matter what passport you used to enter the country. Only that you are resident outside the US. 

Generally speaking, most folks invoke the physical presence test for the year they first move abroad (because you only need 12 consecutive months of overseas presence). Basically means that you can't file that year's taxes for the US until you've passed the first year anniversary of your move to the country, but that's what extensions are for.

After that, you can use the bona fide resident test (because that has to be a full calendar year, January through December). 

Unless they have some reason to doubt you, you won't have to show any sort of "proof" - other than, perhaps, using your foreign address as your filing address on the return.
Cheers,
Bev


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## cookiemonster2 (Feb 13, 2018)

Bevdeforges said:


> Nononymous is correct. It doesn't matter what passport you used to enter the country. Only that you are resident outside the US.
> 
> Generally speaking, most folks invoke the physical presence test for the year they first move abroad (because you only need 12 consecutive months of overseas presence). Basically means that you can't file that year's taxes for the US until you've passed the first year anniversary of your move to the country, but that's what extensions are for.
> 
> ...


Actually for 2016 I invoked the physical presence test because I was in Jordan and the UAE that entire year (I had left the USA late 2015). For the 2017 tax year I was a resident for the whole calendar year so I would be able to claim the bona fide resident test, correct? I should also mention I'm also living with my father since he owns a house here. Do I need to inform the IRS of my living situation here? I only gave them my address but haven't mentioned anything about my dad. I'm not claiming any housing deduction.

Finally, which test is more appropriate or recommended in my case? Is the physical presence test an option at this point or do I absolutely have to invoke the BFR test since I'm now a resident (and have been for all of 2017)?

Thanks guys!


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## Bevdeforges (Nov 16, 2007)

As my Dad used to say, "don't answer any question they don't ask you."

Your living situation is none of their business. They only need to know that you are living outside the US. 

The requirements for "bona fide resident" are pretty nebulous at the best of times, but if they have any doubts about your situation, they know where you live and they can always ask the question. (Never heard of them doing anything along these lines.)
Cheers,
Bev


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## Nononymous (Jul 12, 2011)

To the question about your father's house, I don't think it matters and you need to bear in mind the cardinal rule: give the IRS as little information as possible. Do the bare minimum.

Much depends on your situation and financial ties to the US, plans for the future etc. but if you are not intending to return, at some point you will need to look at the potential costs of future US tax compliance and decide whether it makes sense to renounce or simply stop filing.


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