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If I have to file my tax return before completing my period of physical presence or tax year of residency, what do I do?
You have 2 choices. You can either:
- delay the
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- filing your taxes by utilizing extensions to delay your filing deadline OR
- file on the date, and submit a corrected return later.
Be aware that, if
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you are residing or working outside the U.S. on April 15th, your tax return is not due until June 15
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If indeed you need to file the return before completing your period of physical presence, you will need to file first without claiming Foreign Earned Income Exclusion. Later, you may submit an ammended tax return and get a refund of the extra tax.
What if I must return to the United States before qualifying?
The minimum time requirements for bona fide residence and physical presence can be waived if you must leave a foreign country because of war, civil unrest, or similar adverse conditions in that country. If you leave for personal reasons before meeting the requirements while seeking to qualify for the Physical Presence Test, you will not be able to use the foreign earned income exclusion.
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