Tax
Foreign Earned Income Exclusion (Form 2555, FEIE)
The election that lets a U.S. citizen or green card holder living abroad exclude earned income up to an inflation-adjusted cap (about $130,000 for 2025) from U.S. tax, claimed on Form 2555 under the bona fide residence or physical presence test.
U.S. citizens and green card holders are taxed on worldwide income wherever they live, and the foreign earned income exclusion under section 911 is one of two tools that stop income earned abroad from being taxed twice. It applies only to earned income, meaning salary, wages, and self-employment earnings for services performed abroad, not to interest, dividends, rent, pensions, or capital gains. The cap is adjusted annually, and a separate housing exclusion or deduction covers reasonable housing costs above a base amount.
Qualifying requires a tax home in a foreign country plus one of two tests: bona fide residence in a foreign country for an uninterrupted period that includes a full tax year, or physical presence abroad for 330 full days in any 12-month period. Someone who moves to India in March generally qualifies under physical presence for a 12-month window that starts in March, with the exclusion prorated for the part of the tax year covered. The election is made on Form 2555 with the return and is sticky: revoking it bars re-election for five years without IRS consent.
The alternative, and often the better one in India, is the foreign tax credit on Form 1116. Indian marginal rates are high enough that the credit usually eliminates U.S. tax on Indian salary and leaves excess credit to carry forward, and because the income stays on the return the filer keeps IRA eligibility and the refundable additional child tax credit, both of which the exclusion forfeits. Both can be used together, with the credit applied only to income not excluded, but the interaction is unfavorable and the choice should be modeled over several years. The exclusion also does not reduce U.S. self-employment tax, which a self-employed American in India still owes because the U.S. and India have no totalization agreement.
Common pitfalls
- Electing the exclusion because it sounds like the bigger number, then losing IRA eligibility and the refundable child tax credit that the foreign tax credit would have preserved
- Counting partial travel days toward the 330-day physical presence test; only full days outside the U.S. count
- Assuming the exclusion covers Indian interest, rent, or mutual fund gains; it covers earned income only
- Revoking the exclusion in a low-income year without realizing it cannot be re-elected for five years
Related service
See the related serviceRelated guides
Have a Foreign Earned Income Exclusion (Form 2555, FEIE) situation in your business?
Federal, state, and local returns prepared and reviewed by a licensed CPA, with the planning done before year-end rather than after it.