Stacking 2 months on US visit for FEIE during a 12 month period

[hankmoody]

Hey guys,

I?m wanting to stack two 35 day periods and stay in the US for more than 1 month this year when I return home, so that I?ll still be able to claim FEIE. I?m trying to figure out if it?s possible. I?ve read https://www.gocurrycracker.com/obamacare-expats-and-visits-home/ and some IRS stuff, but I?m still a bit confused if this is possible.

So, I?ve been living abroad claiming FEIE for a few years. 2018 will be my last year claiming it for awhile, as I?ll be moving back to the US with my fianc? for a few years, so she can get her citizenship.

Here?s the details of my situation:

Last year, I was in the US from 5/27/2017 to 6/21/2017 (over intl waters until landing in the Philippines on 6/23)

However, on my taxes, I claimed the physical presence 12 month period based on the dates of 1/1/2017 ? 12/31/2017.

So for this year, I plan to return home on 8/28/2018 or so. Am I able to stack the 2 months and claim the 12th month period next year, by using the starting date of 6/21, (or would It be 6/23 since I was in international waters at the time), even though I used the 12 moth period of 1/1/2017-12/31/2017 last year?

Thanks for the help.

[gocurrycracker]

You can use any 12-month period and they can overlap.

See Pub 54, Figure 4-B
https://www.irs.gov/pub/irs-pdf/p54.pdf

[hankmoody]

You can use any 12-month period and they can overlap.

See Pub 54, Figure 4-B
https://www.irs.gov/pub/irs-pdf/p54.pdf

Thanks Jeremy. Looks like I'm good to go then. Just to be clear....

For my 2018 taxes, I would be able claim my 12 month period to be 6/23/2017 - 6/23/2018. I have 0 days spent in the US during that time frame. Since I'll be back in the US in 8/2018 for the first time since early 2017, would I then be allowed to spend the rest of 2018 in the US and still get the full FEIE deduction since it's outside of that 12 month period? I just wouldn't be able to claim FEIE for 2019 then....

Thanks again for all your help. The past few years I've lived such a similar lifestyle to you, so you've made my life much easier by doing all the dirty work when it comes to this stuff.

Cheers to your 1st home made cold brew!

[hankmoody]

You can use any 12-month period and they can overlap.

See Pub 54, Figure 4-B
https://www.irs.gov/pub/irs-pdf/p54.pdf

Thanks Jeremy. Looks like I'm good to go then. Just to be clear....

For my 2018 taxes, I would be able claim my 12 month period to be 6/23/2017 - 6/23/2018. I have 0 days spent in the US during that time frame. Since I'll be back in the US in 8/2018 for the first time since early 2017, would I then be allowed to spend the rest of 2018 in the US and still get the full FEIE deduction since it's outside of that 12 month period? I just wouldn't be able to claim FEIE for 2019 then....

Thanks again for all your help. The past few years I've lived such a similar lifestyle to you, so you've made my life much easier by doing all the dirty work when it comes to this stuff.

Cheers to your 1st home made cold brew!

Anybody have thoughts on this? Maybe I'm missing something here, but I dont think this will work?

I'm basically just trying to spend as much time as I can in the US this year starting at the end of August while still being able to claim FEIE. I haven't visited home in over a year, but I won't be claiming FEIE in 2019. Am I only able to stay the 35 days?

[gocurrycracker]

You can use any 12-month period and they can overlap.

See Pub 54, Figure 4-B
https://www.irs.gov/pub/irs-pdf/p54.pdf

Thanks Jeremy. Looks like I'm good to go then. Just to be clear....

For my 2018 taxes, I would be able claim my 12 month period to be 6/23/2017 - 6/23/2018. I have 0 days spent in the US during that time frame. Since I'll be back in the US in 8/2018 for the first time since early 2017, would I then be allowed to spend the rest of 2018 in the US and still get the full FEIE deduction since it's outside of that 12 month period? I just wouldn't be able to claim FEIE for 2019 then....

Thanks again for all your help. The past few years I've lived such a similar lifestyle to you, so you've made my life much easier by doing all the dirty work when it comes to this stuff.

Cheers to your 1st home made cold brew!

You only get the exclusion for the 12 month period. Any days outside that 12 months are not eligible for exclusion.. Even with the FEIE, days working in the US aren?t excluded anyway.

If you were in the US Aug-Dec 31 2018, pre August is excluded / post August is not.