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Tax Credits & Exclusions

Do I lose FEIE if I visit the US?

Visiting the US does not automatically disqualify you from claiming the Foreign Earned Income Exclusion, but spending too many days in the US can cause you to fail the Physical Presence Test. The impact depends on which qualifying test you use.

Under the Physical Presence Test, you need 330 full days in a foreign country during a 12-month period. This allows up to 35 days of non-qualifying time (days in the US or in transit between the US and a foreign country). If you exceed 35 US days in your chosen 12-month period, you fail the test. A full day means a complete 24-hour period from midnight to midnight — so the day you arrive in the US and the day you depart are often counted as US days.

Under the Bona Fide Residence Test, temporary visits to the US generally do not disqualify you, even if they are extended. The key is whether you maintain your foreign residence and intend to return. The IRS evaluates the nature and purpose of your US visits, but there is no specific day count limit. That said, spending more time in the US than abroad could raise questions about whether your foreign residence is truly bona fide.

Practical tips for managing US visits: keep a travel log with exact arrival and departure dates, plan visits carefully to stay within the 35-day limit if using the Physical Presence Test, choose your 12-month qualifying period strategically to minimize the impact of US travel, and consider using the Bona Fide Residence Test if you need more flexibility for US visits.

Working remotely from the US during visits creates an additional issue — any income earned while physically in the US does not qualify as foreign earned income, even if your employer is foreign. You would need to allocate your income between US and foreign workdays.

At Zenith Financial, we help you plan your travel schedule and choose the optimal qualifying test to maximize your FEIE benefit while maintaining compliance.

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Related Topics

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    Do I Lose FEIE If I Visit the US? | Zenith Financial FAQ | Zenith Financial Advisors