What is the FEIE and who is it for
The Foreign Earned Income Exclusion (FEIE) is a provision in the U.S. tax code that allows qualifying 🇺🇸 Americans living abroad to exclude a set amount of foreign earned income from their U.S. federal income tax. For the 2025 tax year, that amount is $130,000 per person — rising to $132,900 for 2026.
If you earn less than the exclusion limit and qualify, you may owe zero U.S. federal income tax on your foreign salary. If you earn more, the exclusion reduces your taxable income by the full exclusion amount and you pay U.S. tax only on the remainder.
The FEIE is not automatic. You must qualify under one of two tests, actively elect it by filing Form 2555, and understand its limits — particularly around self-employment income, where the FEIE provides no protection against self-employment tax.
The two qualifying tests
To claim the FEIE, you must pass one of two tests. You choose which test to use — but you must genuinely meet the requirements. Using the wrong test, or incorrectly applying the right one, can disqualify you entirely.
| Test | Core requirement | Best for |
|---|---|---|
| Physical Presence Test | 330 full days outside the U.S. in any 12-month period | First-year expats, contractor assignments, shorter postings |
| Bona Fide Residence Test | Genuine, established residence in a foreign country for a full calendar year | Long-term expats with stable foreign residence |
Physical Presence Test explained
The Physical Presence Test is objective: you must be physically present in a foreign country or countries for 330 full days during any period of 12 consecutive months. The 12-month period does not have to be a calendar year — it can be any rolling 12-month window, giving you flexibility to optimize which period you use.
To calculate your qualifying period, count every day you were physically present outside the United States. Days spent in international waters or airspace between countries generally count as foreign days. Days in the U.S. for any reason — vacation, medical care, business — are not foreign days.
330-day calculation example
If you moved to India on March 1, 2025, and remained there with no U.S. visits through December 31, you would have approximately 305 days in India during the calendar year — not enough. But if you started counting from January 15 through January 14 of the following year, you might clear 330 days in a rolling 12-month window. The IRS Form 2555 instructions walk through exactly this calculation.
Bona Fide Residence Test explained
The Bona Fide Residence Test is subjective and more complex. It requires that you have established genuine residency in a foreign country for an uninterrupted period that includes an entire calendar year — January 1 through December 31.
Unlike the Physical Presence Test, the Bona Fide Residence Test does not count days. Instead, the IRS looks at your overall situation: your intent, your ties to the foreign country, where your family lives, the nature of your employment, whether you have a local address, and whether you have taken steps that indicate you are a genuine resident rather than a temporary visitor.
Factors the IRS considers for bona fide residence
- Whether you have a permanent home or long-term lease in the foreign country
- Whether your family has relocated with you
- Whether you have a local bank account and pay local taxes
- Whether your employer has transferred you on a defined-term or open-ended basis
- The frequency and nature of your U.S. visits
- Whether you have applied for or hold permanent residency in the foreign country
Which test should you use
For most expats, the answer comes down to timing and employment structure.
Use the Physical Presence Test if: You moved abroad mid-year and cannot meet the full-calendar-year requirement for bona fide residence. If you arrived in India in June 2025, you cannot use the bona fide residence test for 2025 — the calendar year has already started. But you may be able to count 330 days in a rolling period that spans June 2025 through June 2026.
Use the Bona Fide Residence Test if: You have been living abroad for at least one full calendar year, have established genuine local residence, and want a cleaner, more stable qualification basis that does not require day-counting every year.
The two tests are not mutually exclusive across years. Many expats use the Physical Presence Test in year one and switch to the Bona Fide Residence Test once they have completed a full calendar year abroad.
Use our free FEIE Eligibility Checker — answer five questions and get a clear read on which test is stronger for your situation.
What income qualifies — and what does not
The FEIE applies only to foreign earned income — a specific IRS definition that does not include all income types. Understanding this distinction is critical because many expats assume all their foreign income is covered.
| Income type | Qualifies for FEIE? | Notes |
|---|---|---|
| Foreign salary or wages | ✅ Yes | Core qualifying income |
| Self-employment income earned abroad | ✅ Yes (income tax only) | SE tax still applies — this is a major trap |
| Foreign housing allowance | ✅ Yes (via housing exclusion) | Subject to separate limits and caps by city |
| Foreign dividends or interest | ❌ No | Passive income — use FTC instead |
| Foreign rental income | ❌ No | Unearned income — not covered by FEIE |
| Foreign pension distributions | ❌ No | Generally not earned income |
| U.S. government employee income | ❌ No | Excluded from FEIE eligibility |
| Capital gains | ❌ No | Unearned — report and pay U.S. tax normally |
How to claim the FEIE on Form 2555
The FEIE is not automatic — you must affirmatively elect it by filing Form 2555 with your annual U.S. tax return (Form 1040). The form walks you through:
- Your general information and tax home (where you regularly conduct business)
- Which qualifying test you are using (Physical Presence or Bona Fide Residence)
- Your travel records if using the Physical Presence Test
- Your foreign earned income calculation
- The exclusion amount (limited to the lesser of your foreign earned income or the annual limit)
- If applicable, the housing exclusion
The traps that cost expats money
Trap 1 — The self-employment tax problem
The FEIE excludes income from federal income tax. It does not eliminate self-employment tax. If you are a freelancer or contractor earning $130,000 abroad and you claim the full FEIE, you owe zero federal income tax — but you still owe 15.3% SE tax on approximately $120,000 of net income. That is roughly $18,000 in self-employment tax that many expats do not see coming. If your country has a totalization agreement with the U.S., you may be exempt — check this first.
Trap 2 — The stacking problem with standard deduction
When you use the FEIE, the IRS applies a complex "stacking rule." Any income above the exclusion limit gets taxed at the marginal rate that would have applied to the full income — not at the lowest brackets. This means that if you earn $160,000 and exclude $130,000, the remaining $30,000 is taxed at the rate applicable to the $130,001–$160,000 bracket, not from zero. For high earners, this can make the FTC more favorable than it first appears.
Trap 3 — Revoking the election is painful
Once you elect the FEIE, you cannot revoke it for five years without IRS permission. If your situation changes — you move back to the U.S., or your country becomes better suited to the FTC — you cannot simply switch. Plan for this before you elect.
Trap 4 — IRA contributions while using FEIE
You can only contribute to an IRA if you have earned income not excluded by the FEIE. If you exclude your full salary, you may have zero eligible earned income for IRA purposes and cannot contribute for that year. For Roth IRA eligibility, the FEIE also reduces your MAGI calculation in ways that can be favorable or unfavorable depending on income level.
FEIE vs Foreign Tax Credit — when to switch
The FEIE is not always the right choice. In countries with high tax rates — where foreign taxes paid approach or exceed what you would owe the U.S. — the Foreign Tax Credit often produces a better outcome. See the full FEIE vs Foreign Tax Credit guide for a complete comparison with worked examples.
The key question: Is your effective foreign tax rate higher or lower than your U.S. marginal rate? If higher, the FTC may fully offset your U.S. liability while also protecting your IRA contribution ability. If lower — as in the UAE or Qatar — the FEIE is usually the stronger tool because there are few or no foreign taxes to credit.
MyExpatTaxes handles FEIE, FBAR, and FTC in a guided DIY flow — starts free, pay when you file. Greenback Tax Services is the premium CPA-prepared option for complex situations involving business income, housing exclusions, or both FEIE and FTC in the same year.