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November 14, 2024
Question

Married filing jointly, professor abroad more than 331 days, but wife in USA more than 45 days.

  • November 14, 2024
  • 2 replies
  • 0 views

Greetings. My wife and I are both US citizens. Next year, i.e., calendar year 2025, I will be on a one-year sabbatical leave abroad where I will be paid by my US university. I will not have any income from any foreign source.  Also, I will be out of the USA for more than 331 days (Jan - Dec 2025).

 

My wife on the other hand will be in the USA for at least 45 days. She will have no income for tax year 2025. Since we file taxes as "married filing jointly", will my income still be eligible for the foreign earned income exclusion?  How do I file using turbotax?

 

Any help would be appreciated.

 

Thanks!

    2 replies

    Employee
    November 14, 2024

    The IRS has an online interactive tool that should answer your questions.  Here's a link:

    https://www.irs.gov/help/ita/can-i-exclude-income-earned-in-a-foreign-country

    **Answers are correct to the best of my ability but do not constitute tax or legal advice.
    susq120Author
    November 18, 2024

    BUMP.... the IRS Test was not very useful in determining whether spouse being in the USA for more than 45 days was an issue.

    Employee
    November 18, 2024

    You can file a joint return even if only one spouse is eligible for the exclusion.  The residence of one spouse does not affect the eligibility of the other.

    **Answers are correct to the best of my ability but do not constitute tax or legal advice.