# physical presence test



## kevndevc

I work in Afghanistan. I understand about the amount of days required to meet the physical presence test. My question is: Does it matter how many days you go over the 35 day limit ? What I mean is, does your tax situation get worse by going over by 30 days instead of just 5 days ? or is it all the same.


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## Bevdeforges

As you'll see, I've moved this over to the Expat Tax section.

If you are using the physical presence test to qualify for the FEIE, then you need to have been outside the US for 335 days during a period of 12 consecutive months. If you are back in the US for more than the 30 days, you no longer qualify under the physical presence test.

The other alternative for taking the FEIE is if you can pass the bona fide residence test - which requires you to have been a bona fide resident outside the US (doesn't have to be the same country the whole time) for an entire calendar year.

If you don't pass either test, you can't take the FEIE. But you can still take foreign taxes paid on a form 1116.
Cheers,
Bev


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## kevndevc

Bevdeforges said:


> As you'll see, I've moved this over to the Expat Tax section.
> 
> If you are using the physical presence test to qualify for the FEIE, then you need to have been outside the US for 335 days during a period of 12 consecutive months. If you are back in the US for more than the 30 days, you no longer qualify under the physical presence test.
> 
> The other alternative for taking the FEIE is if you can pass the bona fide residence test - which requires you to have been a bona fide resident outside the US (doesn't have to be the same country the whole time) for an entire calendar year.
> 
> If you don't pass either test, you can't take the FEIE. But you can still take foreign taxes paid on a form 1116.
> Cheers,
> Bev



Bev,

For example : Last year I was in the states for 38 days, so I didn't meet the requirement. I still got back around 8,000 for a tax return. But what if I would've been in the states for 60 days instead of 38 ? Would I get less money back ? OR end up owing money ? Does the more amount of days you go over 35 make your case worse ?


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## Bevdeforges

kevndevc said:


> Bev,
> 
> For example : Last year I was in the states for 38 days, so I didn't meet the requirement. I still got back around 8,000 for a tax return. But what if I would've been in the states for 60 days instead of 38 ? Would I get less money back ? OR end up owing money ? Does the more amount of days you go over 35 make your case worse ?


Depends how you're doing your taxes. If you aren't taking the FEIE, it probably won't have any effect - what counts there is how much income tax you paid to a foreign government.

It would also depend on just where your income is coming from and how you qualified for the refund (i.e. if you had US taxes withheld or not or if the refund was based on some US tax credit like this Making Work Pay thing people have mentioned here on the forum).
Cheers,
Bev


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## LeahForeal

*Physical Presence Test*

Hi,
I see this form in the many sheets of tax return, does everyone have to fill this out? We traveled back & forth across the border on vacation last year.... 
I also do not understand days worked chart... no work in US, so does that mean we have to figure out how many days we worked at home (Canada) each month?


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## Bevdeforges

LeahForeal said:


> Hi,
> I see this form in the many sheets of tax return, does everyone have to fill this out? We traveled back & forth across the border on vacation last year....
> I also do not understand days worked chart... no work in US, so does that mean we have to figure out how many days we worked at home (Canada) each month?


If you are filing US tax returns, you only need to fill out the form 2555 if you have earned income that you want to exclude from taxation. 

You do need to fill out the section on how many days you spent in the US - but it depends on whether you're excluding your earned income based on the physical presence test or the bona fide resident test just exactly what's critical.

If you spent 0 days working in the US, you just indicate that along with how many days you were in the US. If you did work while in the US, you have to allocate your salary according to how many days you worked in the US and how many you worked outside the US.
Cheers,
Bev


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## RichardScott

Hello - from what I read here: Taxes for Expats - Physical Presence Test, it does not matter how many days you go over.


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