- 9 - regard to community property laws, sec. 1.911-5(b), Income Tax Regs. For 2001 and 2002, the maximum exclusions for a married couple filing a joint Federal income tax return totaled $156,000 and $160,000, respectively. Sec. 911(b)(2)(D). Foreign Tax Home Requirement The foreign tax home requirement of section 911(d)(1) is to be evaluated during the same applicable period used by a taxpayer for the bona fide residence or the physical presence requirement. Sec. 1.911-2(a) and (b), Income Tax Regs. Section 911(d)(3), which defines “tax home” as applied to the exclusion, incorporates the travel business expense provision of section 162(a)(2), as follows: “The term ‘tax home’ means, with respect to any * * * [taxpayer], such * * * [taxpayer’s] home for purposes of section 162(a)(2) (relating to traveling expenses while away from home).” Thus, under the foreign earned income exclusion, the location of a tax home generally is determined in the same manner as the location of a tax home under section 162(a)(2). In section 1.911-2(b), Income Tax Regs., it is explained that the location of a taxpayer’s regular or principal place of business, or, if none, of a taxpayer’s abode in a real and substantial sense, will be regarded as the location of aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011