Foreign earned income exclusion: physical presence vs bona fide residence

To claim the foreign earned income exclusion, a US citizen or resident alien living abroad meets one of two tests: physical presence — 330 full days in foreign countries in any 12 months in a row — or bona fide residence — living abroad for an uninterrupted period that includes an entire tax year.

Physical presence vs bona fide residence

Physical presence test Bona fide residence test
Who US citizens and resident aliens US citizens, and resident aliens who are citizens or nationals of a country with a US income tax treaty
What counts Days: 330 full days in foreign countries Facts: your intention, your activities abroad, whether you paid tax there
Period Any 12 months in a row — periods can start on any day and overlap An uninterrupted period that includes an entire tax year
Trips to the US Each day touching the US isn’t a full day abroad Brief or temporary trips are fine
On Form 2555 Part III Part II

The physical presence test

You meet it if you’re physically present in a foreign country or countries for 330 full days during any period of 12 months in a row.

  • A full day is 24 hours in a row, beginning and ending at midnight.
  • The 12 months can begin on any day of the month, and periods can overlap — so you can pick the one that works best.
  • The days don’t have to be in a row, and why you’re abroad doesn’t matter: vacation days count.
  • Travel over international waters or airspace doesn’t count toward the 330 days.
  • Leaving because of war, civil unrest or similar conditions can waive the time requirement, if you can show you’d reasonably have met it.

Work out your date with the physical presence test calculator.

The bona fide residence test

You meet it if you’re a bona fide resident of a foreign country for an uninterrupted period that includes an entire tax year. It isn’t a day count: the IRS looks at the facts — why you’re there, what you do there, and whether you paid taxes to that country.

If you tell the authorities of that country that you’re not a resident there, and they treat you as a non-resident for tax, you aren’t a bona fide resident. If they haven’t decided yet, you aren’t considered one either.

What counts as a foreign country

Any territory under the sovereignty of a government other than the United States. US territories — Puerto Rico, Guam and the others — aren’t foreign countries for the exclusion, and nor is the Antarctic region.

How FlySee counts it

FlySee counts the physical presence test only: full days — midnight to midnight — outside the US, toward 330 in any 365 days, and the date you’ll reach it. A day you spend any part of in the US or a US territory isn’t a full day abroad, and neither is a day in Antarctica. It counts over 365 days, never a leap year’s 366, so its date is never early. Bona fide residence isn’t a day count, so FlySee doesn’t count it.

In this guide

FEIE: questions and answers.

Can I choose which test to use?

Yes, if you meet both. On Form 2555 you complete either Part II for bona fide residence or Part III for physical presence, not both.

Do trips back to the US break bona fide residence?

Not brief or temporary ones, for vacation or business, as long as you clearly mean to return abroad without unreasonable delay. Under the physical presence test, every day you spend any part of in the US is a day that isn’t a full day abroad.

Does time in Puerto Rico or Guam count as abroad?

No. For Form 2555, a foreign country doesn’t include US territories, and it doesn’t include the Antarctic region.

What is the maximum exclusion?

For 2025, the maximum foreign earned income exclusion is $130,000, according to the Form 2555 instructions.

Sources

FlySee counts days; it doesn’t give tax advice. Whether you’re resident is for you and your adviser.

Track it in FlySee

Track days in every country and know the date you can stay until. Coming soon to iPhone.

  • Counts your full days outside the US toward 330 in any 12 months
  • Shows the date you’ll reach 330 full days abroad
  • Doesn’t count days in US territories or Antarctica as abroad
  • Exports your trips with dates — PDF, Excel or CSV — for your tax preparer
Coming soon to the App Store
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