Determine If You Have a Tax Home in a Foreign Country

If you are an expat (or are considering working overseas in the future!), you’ve probably heard of the Foreign Earned Income Exclusion (FEIE). This exclusion allows you to earn up to $120,000 in 2023 and not pay a single cent in federal income tax. But first, you’ll need to meet one of two tests: the bona fide resident or physical presence test. Then, you’ll need to meet a significant, often overlooked test: the IRS tax home test.

So what is the tax home test, and how can you pass it?

What Is the Tax Home Test?

Your tax home is generally defined as your main place of business, employment, or post of duty. This is irrespective of where you maintain your family home. Essentially your “tax home” is where you permanently engage in work. If you do not have a permanent place where you engage in work, then your tax home can be where you regularly live.

If you do not have a regular place where you live, the IRS says that you are “Itinerant,” and your tax home is wherever you work. If you are a slow traveler or a digital nomad, this label of being an Itinerant is essential because it allows you to have a tax home outside the USA.

The tax home test states that you don’t qualify for the Foreign Earned Income Exclusion if you have a tax home or abode within the United States. The IRS states that the tax home is usually the general area where you work. Wherever you permanently or indefinitely work, that’s your tax home.

Also, the IRS notes that you cannot have an abode in the US. The term abode has an ambiguous definition, which we will examine next. Still, the central idea is that people with closer connections to the US do not qualify for the exclusion. Even if you have been outside the country and would otherwise qualify for the exclusion, you will not if your tax home or abode is in the United States.

How Does the IRS Define “Principal Place of Abode”?

The IRS has defined the principal place of abode (PPA) as a specific location where your main home is located, which may or may not be your actual residence. While this may seem straightforward, it isn’t because the IRS also considers social and economic connections to determine the location of one’s abode. Someone could own a home in the US with a spouse or other family member living there, and they can still qualify for the tax home test in a foreign country.

Likewise, just because someone owns a home abroad does not automatically mean their tax home and abode are outside of the United States. They may not qualify for the FEIE if their abode is in the US. Someone who has worked abroad for a few years may be concerned if they have no social or financial connections to the foreign country. Could the IRS question the short length of their stay and possibly lean towards disallowing the exclusion? These sorts of questions show just how complex the topic of tax abode is.

What About Those Who Work in a Combat Zone?

If you work in a designated combat zone in support of the Armed Forces of the US, your abode is not considered to be in the US. So long as you meet the requirements of the physical presence test, you should be eligible to exclude your foreign-earned income. Combat zones are regularly updated, so be sure to check frequently for the latest designated areas.

How Can Expats Establish a Tax Home in a Foreign Country?

Establishing a tax home in a foreign country is tantamount to establishing a clear, primary connection with your host country. How do you do that? Have proof of your life in the host country in case the IRS ever questions the exclusion claim.

For example, perhaps you use the local bank, have joined some local clubs or organizations, participate in a religious service, or even are involved in the community on a general level. When you have foreign accounts for utilities, insurance, a driver’s license, or even a cellphone, it paints the picture that this is the place where you live. It’s your abode, and it’s your tax home. If you are a contractor in a combat zone, we recommend keeping the employment contract and your tax documents for the year. Once you show that you are less connected to the US, you should pass the tax home test.

Why Does the IRS Care About Your Tax Home?

The tax home test is intended to prevent US taxpayers from abusing the Foreign Earned Income Exclusion. Evading income tax is illegal wherever you are. The FEIE is for expats who have established a life abroad and have social and economic ties to a foreign country or the special cases of taxpayers supporting the Armed Forces of the US in a combat zone. However, claiming the FEIE after meeting the tax home test and the bona fide residency or physical presence test is completely legal tax avoidance.

Want to Avoid IRS Penalties? Keep Good Records of Your Tax Home

International taxation and the FEIE are hot topics for the IRS, especially in our mobile economy, where defining one’s abode can be very difficult. The result of claiming the exclusion when you are not entitled can result in a tax bill that may include a 20 percent accuracy-related penalty, late payment, and interest.

Our recommendation? Keep good records! If the IRS disallows your use of the FEIE due to you having a tax home or abode within the US, the consequences could be costly. There may even be complications at the state level, depending on your state residency.

Questions About the Tax Home Test? We Have the Answers! 

If you are having trouble determining your tax home for the FEIE, Greenback’s expert accountants can review your situation and provide guidance.

Contact us, and one of our customer champions will gladly help. If you need very specific advice on your specific tax situation, you can also click below to get a consultation with one of our expat tax experts.