How to qualify for Foreign Earned Income Exclusion when splitting time between countries?
I'm looking for some advice about foreign earned income tax exclusion requirements. My wife (who's both a US and Polish citizen) and I (US citizen) are currently living in Oregon. We're considering a big life change where I'd get residency in Poland and spend roughly 6-7 months there, then return to Oregon for the remaining 4-5 months each year. Currently, we just visit Europe 1-2 times annually for a month or so. The move makes financial sense for several reasons - my wife is inheriting a house there soon, flights between Poland and the US are reasonably priced, healthcare is significantly more affordable, and the overall cost of living is much lower. I've already secured my 40 quarters for Social Security which I understand I can collect even as an expat. I've been offered a remote job with a Polish company that would pay about €32,000 annually. I could work from both Poland and when visiting Oregon. During our Oregon stays, we'd live with my parents who have plenty of space and could use some help around the house as they're getting older. However, I'm concerned about the tax situation. From what I've read, to qualify for the foreign earned income tax exclusion, I must be physically present in a foreign country for 330 days of a 12-month period. If I'm a Polish resident but visiting Oregon for 4-5 months yearly while working for this Polish company, will I be double-taxed? What's the best approach for my situation?
19 comments


Oliver Becker
This is a great question! The Foreign Earned Income Exclusion (FEIE) has two ways to qualify: the Physical Presence Test (330 days outside the US in a 12-month period) or the Bona Fide Residence Test. Since you'll be in the US for 4-5 months each year, you won't meet the Physical Presence Test. However, you might qualify under the Bona Fide Residence Test if you can establish that Poland is your true tax home. This doesn't require a specific number of days, but looks at factors like: - Where your permanent home is located - Where your family lives - Where you maintain economic ties - Your intentions to return to the foreign country If you establish bona fide residence in Poland, you could potentially exclude some of your foreign income from US taxes. But be aware that any money earned while physically working in the US (even remotely for your Polish employer) won't qualify for the exclusion.
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CosmicCowboy
•Thanks for the explanation! For the Bona Fide Residence Test, does it matter that they don't own property in Poland yet? The post says the wife will inherit a home "soon" but it's not clear if they'll have it when they first move. Also, would the Polish employer need to withhold US taxes for the time they're working from Oregon?
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Oliver Becker
•You don't necessarily need to own property to establish bona fide residence. Renting is perfectly fine while waiting for the inheritance. What matters more is that you're living there legitimately (paying taxes locally, have residency permits, etc.) and that Poland is truly your home base. Regarding US work periods, your Polish employer wouldn't typically handle US tax withholding. Instead, you'd need to make quarterly estimated tax payments to the IRS for income earned while physically in the US. This is because that portion of your income wouldn't qualify for the FEIE, regardless of where your employer is based.
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Natasha Orlova
I went through something similar last year and found https://taxr.ai incredibly helpful for my situation. I was splitting time between Germany and the US and wasn't sure how to handle the tax implications. Their AI analyzed my specific situation and explained exactly how the Foreign Earned Income Exclusion would apply based on my residence patterns. They also helped me understand how the tax treaty between the US and Germany would affect my specific situation, which was different from what most generic advice online suggested. For your situation with Poland, they could provide clarity on how the US-Poland tax treaty might help prevent double taxation in your specific case.
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Javier Cruz
•Did it help figure out what counts as "foreign earned income" exactly? I'm confused about whether money earned while physically in the US but paid by a foreign company counts or not.
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Emma Thompson
•I'm skeptical about AI tax tools for complex international situations. Did you find their advice actually held up when you filed? International tax can get really messy and I'm worried about trusting an algorithm with something this complicated.
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Natasha Orlova
•The tool was extremely clear about what counts as foreign earned income - it's based on your physical location when performing the work, not who's paying you. So income earned while physically in the US, even from a foreign employer, doesn't qualify for the exclusion. The advice absolutely held up when I filed. What impressed me was that it didn't just give generic answers but identified specific sections of the tax code and treaty provisions relevant to my situation. It even flagged potential audit triggers based on my specific scenario that my previous accountant never mentioned.
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Emma Thompson
I tried taxr.ai after initially being skeptical, and I have to admit I was wrong. As someone who's been living between Japan and the US for years, I've paid thousands to international tax specialists who often gave conflicting advice. The tool actually provided clearer guidance than my previous accountants. For my situation, it correctly identified that I didn't qualify for the Physical Presence Test but did qualify under Bona Fide Residence, and showed me exactly which factors strengthened my case. It also helped me properly allocate my income between US and foreign sources based on where I physically performed the work, which saved me from a potentially costly mistake. What surprised me most was how it explained the Foreign Housing Exclusion, which none of my previous advisors had mentioned I qualified for. This ended up saving me over $4,000 in taxes!
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Malik Jackson
If you're trying to deal with the IRS about international tax questions, good luck getting through to an actual human. I spent WEEKS trying to get answers about my foreign income situation before discovering https://claimyr.com and their IRS callback service. You can see how it works here: https://youtu.be/_kiP6q8DX5c Instead of waiting on hold for hours, they secured me a callback from an actual IRS representative who specialized in international tax matters. The agent clarified exactly how my time in Thailand affected my FEIE qualification and gave me documentation to support my filing position. For your Polish situation, speaking directly with an IRS international tax specialist could save you thousands in potential mistakes and give you documented guidance if your return is ever questioned.
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Isabella Costa
•How does this service actually work? Does it just put you in a callback queue or something? The IRS told me they don't take appointments for tax questions when I called.
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StarSurfer
•This sounds made up. The IRS doesn't have some secret line that this service can access. They're dealing with the same overwhelmed phone system as everyone else. I'll believe it when I see proof it actually works for complex international tax questions rather than basic stuff.
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Malik Jackson
•The service uses advanced telephony technology to navigate the IRS phone system and secure a place in their callback queue without you having to wait on hold. They don't have a "secret line" - they just have technology that's persistent in getting through when the lines are jammed. It's not about appointments - the IRS does offer callbacks when the wait times are long, but most people give up before getting to that point. What Claimyr does is handle that painful wait process for you. For my international tax question, I specifically requested an international tax specialist when I got the callback, and they transferred me to the appropriate department.
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StarSurfer
I need to eat my words about Claimyr. After dismissing it as unlikely to work, I decided to try it for my foreign rental income question that I'd been trying to get answered for months. Within 90 minutes, I received a call from an actual IRS international tax specialist who walked me through exactly how to report foreign rental income and which forms I needed. What surprised me most was the quality of information I received. The representative didn't rush me off the phone and even emailed me specific IRS publications that addressed my situation. This was after I had previously spent countless hours on hold only to be disconnected or told to call back by the regular IRS line. For anyone dealing with complex international tax situations like the Poland/US split residency question here, speaking directly with an IRS specialist provided clarity that no amount of internet research could match.
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Ravi Malhotra
I was in almost your exact situation - splitting time between US and Hungary (about 7 months there, 5 months here). I learned that establishing a "tax home" in the foreign country is crucial. For me, what worked was using the Foreign Housing Exclusion alongside the FEIE. Since you won't qualify for the Physical Presence Test, focus hard on documenting everything for the Bona Fide Residence Test. Keep all your Polish bank statements, rental agreements, utility bills, residency permit paperwork, etc. Also, don't forget about FBAR requirements if your foreign accounts exceed $10,000 total at any point in the year! I got hit with penalties for missing that.
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Amina Bah
•Thanks for sharing your experience! Did you have any issues with the IRS questioning your Bona Fide Residence status since you were still in the US for almost half the year? And did you have to pay US taxes on the portion of your income earned while physically in the US?
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Ravi Malhotra
•I did initially get some questions from the IRS about my Bona Fide Residence status. What helped my case was having documentation showing I was paying taxes in Hungary, had a permanent residence there (rental agreement), maintained local bank accounts, and had community ties (memberships in local organizations). The key factor that seemed to satisfy them was that my life was clearly centered in Hungary, with US visits being temporary. Yes, I absolutely had to pay US taxes on income earned while physically working in the US, even though it was for my Hungarian employer. I tracked my work days by location and reported accordingly. I used a time-tracking app that logged my IP address to help document where I was working each day, which was helpful documentation.
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Freya Christensen
Don't forget about Form 8833 for claiming treaty benefits! The US-Poland tax treaty might let you avoid double taxation, but you MUST file this form to claim the benefits. I missed this my first year as an expat in Germany and it was a huge headache. Also, look into whether you qualify as a tax resident in Poland under their rules. Sometimes you can be a tax resident of both countries, which is when the treaty provisions become super important.
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Omar Hassan
•Form 8833 isn't always required though. The instructions specifically say you don't need it for claiming foreign tax credits or the foreign earned income exclusion. You only need it for treaty positions that aren't already covered by existing forms.
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Freya Christensen
•You're right about Form 8833 not being required for standard foreign tax credits or the FEIE. I should have been more specific - I was thinking about treaty-specific provisions that might help in a split residency situation, particularly the "tie-breaker" rules that determine which country has primary taxing rights when you're technically a resident of both. For example, if both the US and Poland consider you a tax resident under their respective domestic laws, the treaty's tie-breaker provisions would determine where your primary tax residence is. Claiming that type of treaty benefit typically does require Form 8833. This became relevant in my case because Germany considered me a tax resident based on my having an apartment there, even though I didn't meet the US FEIE requirements that year.
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