If you live and work abroad, you may qualify to exclude all or part of
your foreign earned income from United States income tax. Foreign earned income
is defined as wages, salaries, professional fees, and other amounts received
as compensation for personal services performed in a foreign country. The
place where you perform the services is what defines your income as foreign,
not where or how you are paid. For instance, income received for personal
services performed in France is foreign earned income, even if the employer
is American and your pay is deposited in an American bank. Wages paid by the
U.S. government to its employees are not eligible for the exclusion. However,
amounts paid to independent contractors by the U.S. government may be eligible
for the exclusion. You must have a tax home in a foreign country and meet
either the bona fide residence test or the physical presence test. These are
explained in Topic 854.
Foreign earned income does not include such items as interest, dividends,
pensions, annuities, or amounts attributable to certain employee trusts. If
you are self–employed, and both capital investment and personal services
are factors in producing your income, your earned income is the smaller of
the value of your personal services or 30% of net profits. Additional rules
are described in Publication 54, Tax Guide for U.S. Citizens and Resident
Aliens Abroad.
Your net self–employment income is generally subject to self–employment
tax even if it is excluded for income tax purposes. However, if it was earned
in a country that has a social security agreement with the United States,
which is called a totalization agreement, it may be exempt from U.S. social
security taxes, including the self–employment tax.
If you violate U.S. restrictions that prohibit travel to certain countries,
your foreign earned income from such a country does not qualify for exclusion.
Refer to Publication 54, for current travel restrictions. For related
information, refer to Topics 853 and 854.
If the information you need is not addressed in Publication 54,
you may call the IRS International Tax Law hotline. The number is (215) 516–2000.
This is not a toll–free number.