FEIE Rules for US Government Employees
Generally, wages paid by the US government to its employees do not qualify for the FEIE.
However, employees of certain private contractors working overseas may qualify if they satisfy the applicable requirements.
Physical Presence Test vs. Bona Fide Residence Test
The IRS provides two alternative tests for establishing the required foreign presence or residence.
A taxpayer generally needs to meet only one test, in addition to having a foreign tax home and qualifying earned income.
Physical Presence Test: The 330-Day Rule
The Physical Presence Test requires a taxpayer to be physically present in one or more foreign countries for at least 330 full days during any period of 12 consecutive months.
The qualifying 12-month period does not need to follow the calendar year.
For example, an American who moves to Japan in September 2026 may be able to use a qualifying period extending into 2027. A full day generally means 24 consecutive hours, beginning and ending at midnight, spent in a foreign country or countries.
Time spent in the United States and certain international travel days can affect the calculation. Importantly, the 330 qualifying days do not need to be consecutive.
Bona Fide Residence Test: Establishing Foreign Residency
The Bona Fide Residence Test generally requires a taxpayer to establish genuine residence in a foreign country or countries for an uninterrupted period that includes an entire tax year.
The IRS considers the facts and circumstances of the taxpayer’s residence.
Relevant factors can include:
- The purpose and expected duration of the stay abroad.
- Whether the taxpayer has established a home overseas.
- Employment and business arrangements.
- Family and personal ties.
- The nature of the taxpayer’s connection to the foreign country.
For example, an American who moves to Canada indefinitely, establishes a home, and lives there as part of their ordinary daily life may qualify.
Temporary visits to the United States do not necessarily interrupt bona fide residence.
Comparison: Physical Presence vs. Bona Fide Residence