RP-2016-21: list of countries / waiver of minimum time requirement for residence / prescence test

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IRS GuideWire March 17, 2016

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Issue Number:   RP-2016-21

Inside This Issue


Revenue Procedure 2016-21 provides the list of countries for tax year 2015 for which the minimum time requirements for the foreign earned income exclusion are waived. Generally, U.S. citizens or resident aliens living and working abroad are taxed on their worldwide income.  However, if their tax home is in a foreign country and they meet either the bona fide residence test or the physical presence test, they can choose to exclude from their income a limited amount of their foreign earned income ($100,800 for 2015).  Both the bona fide residence test and the physical presence test contain minimum time requirements. The minimum time requirements can be waived, however, if individuals must leave a foreign country because of war, civil unrest, or similar adverse conditions in that country. 

Revenue Procedure 2016-21 will be in IRB 2016-14, dated April 4, 2016. 

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