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Expat Tax

What is Bona Fide Residence Test?

IRS test requiring uninterrupted residence in a foreign country for an entire tax year to qualify for the Foreign Earned Income Exclusion.

Definition

The Bona Fide Residence Test is one of two tests used to qualify for the Foreign Earned Income Exclusion (FEIE). To pass, you must be a bona fide resident of a foreign country for an uninterrupted period that includes an entire tax year (January 1 - December 31). The IRS considers factors like your intentions, the nature of your stay, your ties to the foreign country, and whether you established a home there.

Expert Tips

1

Unlike the physical presence test, the bona fide residence test has no minimum days requirement. It focuses on your intent to live abroad indefinitely.

2

Maintaining a US home, voter registration, or US driver's license can weaken your bona fide residence claim. Minimize US ties where possible.

3

Temporary visits to the US do not automatically disqualify you. The IRS looks at the overall nature and length of your stay abroad.

4

The bona fide residence test requires a full calendar year. You cannot use it for your first year abroad unless you extend it across the full year.

5

If you live in Canada on a work permit, you likely qualify as a bona fide resident. The US-Canada tax treaty strengthens your claim.

Who Needs to Know This?

US citizens (not green card holders) who have established genuine residence in a foreign country and want to claim the FEIE.

Key Deadline

Claimed on annual tax return with Form 2555

Potential Penalties

N/A - this is a qualification test for benefits

Related Forms

Form 2555

Common Mistakes to Avoid

  • 1Green card holders trying to use this test (they cannot)
  • 2Not establishing sufficient ties to the foreign country
  • 3Brief absences disqualifying the uninterrupted period
  • 4Not keeping documentation of foreign residence establishment

Related Terms

Helpful Resources

HA

Harsh Agarwal, EA · IRS Enrolled Agent

Reviewed for accuracy by Zenith Financial Advisors

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