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April 3, 2025
Question

Using 2 month automatic foreign extension to meet the physical presence test.

  • April 3, 2025
  • 1 reply
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I am a US cit and have lived overseas a couple of years.  However, I spent about 3 months in the US in the early part of 2024 (still working for my foreign employer).  I have been using the physical presence test in past years, to  avoid any question about whether I"m a bone fide resident (likely am, but on a three year contract).    I would satisfy the physical presence test for 2024,  only if I identified my year as running from early May 2024 to early May 2025.   May I use the automatic extension to delay filing so I can add those couple weeks to my time overseas?    I just want to confirm that the 330 days for 2024 can continue past April 15, 2025.  

1 reply

Employee
April 3, 2025

@chrisgh  are you still abroad ?  If so then your filing date is June 16th. without any extension.   Also the extension request goes to IRS -- nothing to do with TurboTax -- it acts as a transmitter in the case of  an extension request ( automatic extension 4868 gives you till October 15th/16th.

 

About Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return | Internal Revenue Service

 

Is there more I can do for you ?

chrisghAuthor
April 3, 2025

Thank you. Yes, I am abroad so the June 16th deadline would apply. I’d like to confirm that it’s ok to count  my 330 days from May 2024 until May 2025–I.e after April 15,2025 but before June 16,2025.  (I have thought this was fine and then I saw another posting/answer that said the year had to end before the current tax year—that threw me off)!

April 3, 2025

Yes, your presence in the foreign country can be any 12 month period. However, you will still need to prorate your foreign earned income exclusion based on how many days you were present in 2024. So you'd qualify for the exclusion based on being present from May 2024 to April 2025, but your exclusion would be calculated based on May - December 2024.