Escape Artist
  • Features
    • Interview
    • Expat News
    • Field Notes
    • Trending
  • Your Plan B
    • Finance
    • Real Estate
    • Second Citizenship
    • Digital Nomad
    • Healthcare
  • Destinations
    • Europe
      • France
      • Germany
      • Italy
      • Portugal
      • Scandinavia
      • Spain
      • United Kingdom
      • Rest of Europe
    • Central America
      • Belize
      • Costa Rica
      • El Salvador
      • Guatemala
      • Honduras
      • Nicaragua
      • Panama
    • Others
      • Africa
      • Asia
      • Australia
      • North America
      • South America
      • Middle East
      • Rest of the World
  • Travel Tips
    • Know Before You Go
    • Packing List
    • Food + Culture
    • Health + Wellness
  • Subscribe
Escape Artist
  • Features
    • Interview
    • Expat News
    • Field Notes
    • Trending
  • Your Plan B
    • Finance
    • Real Estate
    • Second Citizenship
    • Digital Nomad
    • Healthcare
  • Destinations
    • Europe
      • France
      • Germany
      • Italy
      • Portugal
      • Scandinavia
      • Spain
      • United Kingdom
      • Rest of Europe
    • Central America
      • Belize
      • Costa Rica
      • El Salvador
      • Guatemala
      • Honduras
      • Nicaragua
      • Panama
    • Others
      • Africa
      • Asia
      • Australia
      • North America
      • South America
      • Middle East
      • Rest of the World
  • Travel Tips
    • Know Before You Go
    • Packing List
    • Food + Culture
    • Health + Wellness
  • Subscribe
👤

THE NUMBER ONE SOURCE FOR BUILDING A LIFE ABROAD

This field is for validation purposes and should be left unchanged.
  • Your Plan B

How to Qualify for the FEIE in 2018 and Beyond

  • BY staffwriter
  • November 22, 2017
Total
1
Shares
0
0
1

In order to qualify for the Foreign Earned Income Exclusion for 2018 and beyond, you need to become a legal resident of a foreign country. It appears that the 330 day test will be eliminated under President Trump and you will need to be ready for this change. Here’s how to qualify for the FEIE in 2018 and 2019.

There are currently two ways to qualify for the Foreign Earned Income Exclusion. You can be out of the United States for 330 out of 365 days or be a legal resident of a foreign country. We’re expecting the 330 day version of the FEIE to be eliminated by President Trump in the near future, leaving only the residency test.

To those of us in the business of preparing expat tax returns, the demise of the 330 day test is not a surprise. It’s been on the outs for years because it’s fraught with risk. 95% of the audits we see of expats and IRS Form 2555 are related to the 330 day test.

The first attack on the 330 day test, and move towards the residency test, came in 2012. The government ruled that the phrase “out of the United States” meant “in a foreign country.” Time spent in international waters or long flights lasting more than 24 hours count as US days, not foreign days.

Yes, it’s possible to take a flight and lose a day when you count time zone changes. For example, if you leave the United States for Switzerland by air on March 28, and you arrive in Switzerland at 9:00 a.m. on June 29, your first full day in Switzerland is March 30. For more, see: Changes to the FEIE Physical Presence Test Travel Days.

The IRS basically redefined “out of the US” to mean “physically present in a foreign country or countries 330 full days during any 12 consecutive months.” This really hurt pilots (who have different rules anyway) and those working on ships. I’ve seen US citizens who spend zero days in the US who don’t qualify for the FEIE using the 330 day test.

These changes affected all expats that push their days in the US. Anyone who spends 30 days a year in the US (leaving a 4 or 5 days cushion) is a prime audit target. The Service loves to audit these returns and look for unreported days or travel in international waters.

Because the FEIE is all or nothing, the return on these audits is high. Because hours spent auditing those using the 330 day test are the most profitable personal audits the IRS has, they deploy resources to target expats.  

For example a husband and wife, each earning $100,000 a year tax free, who take a week cruse, could lose the entire exclusion. An ill timed cruise in international waters could cost you well over $60,000 in Federal taxes!

The same goes for someone who spends 35 days in the United States and whose flight out is delayed. If you leave the airport, you’re in the United States for that day.

For these reasons, I’ve been telling clients to switch to the residency test for years. The 330 day test is simple on its face, but difficult in practice and a major audit target.

Not everyone takes this advice. The 330 day test lulls them into a false sense of security. While the residency test requires you to get a residency visa, and this often requires an investment, the 330 day test has no upfront costs.

The residency test also requires you to put down roots somewhere. You need to have a “home base” and make an effort to create as may ties to that country as possible… and break as many ties with the US as you can.

Those who are unsure if they’ll remain out of the United States, those on temporary assignment, and perpetual travelers, all have a difficult time committing to the residency test. For more on this, see: How to Escape the Perpetual Traveler Tax Trap.

Liyongo Webinar

Trump’s tax plan might eliminate the 330 day test by moving to a territorial tax system. It’s likely that only those with residency in a foreign country will qualify for this version of the Foreign Earned Income Exclusion.

Under the territorial tax system, residents of a foreign country will be allowed to exclude salary and business income as they do under the current FEIE. It also appears that you’ll be allowed to shield foreign sourced capital gains and passive income from US tax under this system.

Those who are already legal residents of a foreign country are in good shape. Those who are using the 330 day test have a lot of work to do to get ready for the territorial tax system.

Remember that it takes time to qualify as a legal resident of a foreign country under the US tax law. Also, this exclusion requires you to be a resident for a full calendar year (January 1 to December 31).Consumer Resource Guide

It doesn’t matter where you establish residency for US tax purposes… you just need to be a legal resident of some country to qualify. Of course, if you want to maximize the benefits of the FEIE, you should get residency in a tax free country. For a list, see: Which Countries Tax Worldwide Income?

Most EU residency programs, such as Portugal, require an investment of 500,000 to 1 million Euros. The lowest cost and most popular residency visa for 2018 is Panama. American citizens can gain legal residency and tax free status with an investment of only $20,000.

No matter where you apply for residency, I suggest you complete the process as quickly as possible to be ready for President Trump’s new tax system. No matter when or if his plan becomes law, the FEIE amounts for 2018 have been published and you should be working towards the residency test to maximize the value of this exclusion.

I hope you’ve found this article on how to qualify for the Foreign Earned Income Exclusion in 2018 and beyond to be helpful. For more on setting up offshore, residency in countries like Portugal and Panama, or for assistance with your your expat tax returns, please contact me at [email protected] or call us at (619) 550-2743. All consultations are free and confidential.

SD-IRABanner

Contact Author

"*" indicates required fields

This field is for validation purposes and should be left unchanged.
Name*
Please let us know what's on your mind. Have a question for us? Ask away.

Stay Ahead on Every Adventure! 

Stay updated with the World News on Escape Artist. Get all the travel news, international destinations, expat living, moving abroad, Lifestyle Tips, and digital nomad opportunities. Your next journey starts here—don’t miss a moment! Subscribe Now !

In order to qualify for the Foreign Earned Income Exclusion for 2018 and beyond, you need to become a legal resident of a foreign country. It appears that the 330 day test will be eliminated under President Trump and you will need to be ready for this change. Here’s how to qualify for the FEIE in 2018 and 2019.

There are currently two ways to qualify for the Foreign Earned Income Exclusion. You can be out of the United States for 330 out of 365 days or be a legal resident of a foreign country. We’re expecting the 330 day version of the FEIE to be eliminated by President Trump in the near future, leaving only the residency test.

To those of us in the business of preparing expat tax returns, the demise of the 330 day test is not a surprise. It’s been on the outs for years because it’s fraught with risk. 95% of the audits we see of expats and IRS Form 2555 are related to the 330 day test.

If you'd like to read the full story, simply enter your email to subscribe to our newsletter.

For even more expert insights, unmissable resources, and exclusive invites, explore our premium subscription offers here.

This field is for validation purposes and should be left unchanged.


OR

Subscribe Now

Already a Subscriber? Click here to login

Subscription required

You've reached your limit of free articles. For full access to Escape Artist, and all of our insights on travel, moving abroad, and the digital nomad life, click here to Subscribe.

Already a Subscriber? Log in here

Total
1
Shares
Share 0
Tweet 0
Pin it 1
Previous Article
  • Finance

Bitcoin in Mexico

  • BY staffwriter
  • November 22, 2017
View Post
Next Article
  • Your Plan B

Advice for Those Looking to Move and Live Overseas in Turkey

  • BY EA Editors
  • November 22, 2017
View Post
You May Also Like
A yellow tram 28 on a cobbled street in Lisbon, Portugal, a popular place to start the clock on citizenship by residence.
View Post
  • Plan B
How to Turn One Year Abroad Into a Lifetime of Options
  • BY EA Editorial Staff
  • November 4, 2026
Colorful houses and old wooden sailing boats on Nyhavn in Copenhagen, Denmark, one of the best countries to raise a family
View Post
  • Plan B
The Best Places to Raise a Family Overseas
  • BY EA Editorial Staff
  • November 4, 2026
Porto old town and the Luís I Bridge over the Douro River, Portugal
View Post
  • Portugal
Pros and Cons of Living in Portugal: An Honest Guide for Americans
  • BY Isha Sesay
  • November 3, 2026
A young girl rests on a bright yellow balcony beside a striped deck chair.
View Post
  • Nicaragua
What Growing Up in Nicaragua Taught Me About Healthcare in America
  • BY Amanda Cobb
  • October 29, 2026
Mount Rundle and the Vermilion Lakes near Banff, Alberta, Canada
View Post
  • Canada
Moving to Canada From the US? The Honest Pros and Cons
  • BY Isha Sesay
  • October 27, 2026
A smiling man sits on a giant painted seashell sculpture on the beachfront in Da Nang at night.
View Post
  • Vietnam
Could Da Nang & Hoi An Be the Best Places on Earth to Live?
  • BY Norm Bour
  • October 26, 2026
A blue crater lake among green hills on São Miguel in the Azores, one of the best islands for expats in Europe.
View Post
  • Plan B
Could You Really Live on an Island? These Destinations Make It Possible
  • BY EA Editorial Staff
  • October 23, 2026
The old tuna fishery and sea stacks at Scopello, Sicily. Italy is one of the countries that pay you to move, through one-euro homes and village grants.
View Post
  • Plan B
The Countries Paying You to Move There in 2026
  • BY EA Editorial Staff
  • October 21, 2026
Trending Posts
  • Don't Leave Your Kids Broke 1
    • Plan B
    Don’t Leave Your Kids Broke
    • October 27, 2026
  • A smiling man sits on a giant painted seashell sculpture on the beachfront in Da Nang at night. 2
    • Vietnam
    Could Da Nang & Hoi An Be the Best Places on Earth to Live?
    • October 26, 2026
  • A blue crater lake among green hills on São Miguel in the Azores, one of the best islands for expats in Europe. 3
    • Plan B
    Could You Really Live on an Island? These Destinations Make It Possible
    • October 23, 2026
  • A young girl rests on a bright yellow balcony beside a striped deck chair. 4
    • Nicaragua
    What Growing Up in Nicaragua Taught Me About Healthcare in America
    • October 29, 2026
  • Porto old town and the Luís I Bridge over the Douro River, Portugal 5
    • Portugal
    Pros and Cons of Living in Portugal: An Honest Guide for Americans
    • November 3, 2026
Liyongo Webinar
Know Before You Go
  • Dancers in embroidered huipil dresses and flower headdresses perform a traditional Yucatecan dance. 1
    • Mexico
    Discover the Charm of Valladolid in Mexico
    • November 2, 2026
  • A young girl rests on a bright yellow balcony beside a striped deck chair. 2
    • Nicaragua
    What Growing Up in Nicaragua Taught Me About Healthcare in America
    • October 29, 2026
  • A smiling man sits on a giant painted seashell sculpture on the beachfront in Da Nang at night. 3
    • Vietnam
    Could Da Nang & Hoi An Be the Best Places on Earth to Live?
    • October 26, 2026
  • Aerial view of Casa Libélula, a red-roofed home with terraced gardens in the Malacatos Valley, the finished result of building a house in Ecuador. 4
    • Ecuador
    The House in Ecuador That Google Translate Built
    • October 19, 2026
  • Aerial view of a white-sand beach and turquoise Indian Ocean water beside a forested stretch of Zanzibar coast, with two boats moored offshore 5
    • Zanzibar
    The Extraordinary Appeal of Zanzibar
    • October 12, 2026
Learn More
  • About Us
  • Contact
  • Advertise
  • Subscribe
  • Shop
Why Subscribe

The newly imagined Escape Artist brings you fresh content with a global focus, and sharp, up-to-the-minute coverage of the joys, challenges, and opportunities of life abroad.

For a limited time, we’re offering a special discount on all subscription deals, so be sure to lock-in these incredible savings and start receiving top-notch travel and expat content today!

Sign up for the EA Newsletter

Get important news delivered directly to your inbox and stay connected!

This field is for validation purposes and should be left unchanged.
Escape Artist
  • Terms & Conditions
  • Privacy Policy
  • Cookies Policy
  • Disclaimer

Input your search keywords and press Enter.

Escape Artist

The Newsletter for a
Life Beyond Borders

Practical insights and real stories for those building a life abroad, trusted by 75,000 readers worldwide.

This field is for validation purposes and should be left unchanged.