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Jean Claude

Need help with Form 2555 as civilian contractor in combat zone - physical presence test confusion

I'm struggling with Form 2555 and it's driving me crazy. I was working as a civilian contractor in the Iraq/Kuwait region for 163 days last year supporting military operations. The problem I'm having is that the instructions in Form 2555 and Publication 54 seem inconsistent about whether I can prorate my foreign earned income exclusion based on my time in country, or if I'm required to meet the full 330 days for the physical presence test. The part that's confusing me is that the instructions for Form 2555 state I can establish my tax home as foreign due to serving in support of US Armed Forces in a designated combat zone. But then other sections seem to still require the 330-day physical presence threshold. Can anyone clarify if there's a special rule for civilians supporting military operations in combat zones that allows for partial exclusion without meeting the full 330-day requirement? I've read through everything multiple times and keep going in circles.

You're running into one of the more confusing aspects of Form 2555! The good news is that there is indeed special consideration for civilians serving in support of the US Armed Forces in a combat zone. When you establish your tax home as foreign due to supporting US Armed Forces in a designated combat zone, you're essentially qualifying under a modified version of the physical presence test. For regular taxpayers, the 330-day requirement is strict. However, for qualified civilians supporting military operations in designated combat zones, the IRS allows prorating the foreign earned income exclusion based on the number of days you were present in the combat zone. So in your case with 163 days in the Arabian Peninsula Area, you would calculate your exclusion by taking the maximum exclusion amount (which is $120,000 for tax year 2024) and multiplying by the fraction 163/365. This gives you a prorated exclusion amount based on your actual time in the combat zone. When completing Form 2555, make sure to check Part II box 9c and provide the required information about your employment. This establishes your eligibility for the special rule.

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Does this same rule apply for contractors working in other non-combat areas? I was in Germany for about 5 months last year working at a US base, but definitely not a combat zone.

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No, this special rule only applies specifically to designated combat zones. For work in Germany or other non-combat areas, you would need to meet either the standard physical presence test (330 days in a 12-month period) or the bona fide residence test (an entire tax year). The combat zone exception is specifically designed for the unique circumstances of civilian contractors supporting military operations in dangerous areas where long-term continuous presence might not be feasible or safe.

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Thank you so much! This is exactly what I needed to hear. I was going crazy trying to figure out if I was misinterpreting something. So just to confirm - I'll check box 9c in Part II, document my 163 days in the Arabian Peninsula Area, and then calculate my exclusion as 163/365 × $120,000. Does that sound right?

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Yes, that's exactly right! Check box 9c, document your 163 days, and use the 163/365 ratio to calculate your prorated exclusion amount. Make sure to also complete Part IV to show your calculation of the exclusion. One more tip - be sure to attach a statement to your return explaining that you're claiming the exclusion as a civilian contractor supporting US Armed Forces in a designated combat zone. This helps prevent any confusion during processing.

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Everyone's giving good advice about the combat zone exception, but don't forget you also need to fill out Part IX on Form 2555 to actually calculate your prorated housing exclusion. This can be pretty significant additional money depending on where you were stationed. In my case last year, I was able to exclude about $18,000 in housing expenses from my time in UAE on top of the prorated foreign earned income exclusion. The housing exclusion has different limits based on location, so check the IRS tables for your specific area.

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I actually didn't know about the housing exclusion! Is this something separate from the foreign earned income exclusion? Do I need to have actual housing expenses or receipts to claim it?

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Yes, it's completely separate from the foreign earned income exclusion. The housing exclusion allows you to exclude or deduct certain housing costs you incur while living abroad. You do need to have documentation of your housing expenses - rent payments, utilities, property insurance, etc. You'll calculate this on Part IX of Form 2555. Similar to your income exclusion, you'll prorate it based on your days in the combat zone (163/365). The housing amount is subject to both a base amount that can't be excluded (around $52 per day for 2024) and a maximum ceiling that varies by location.

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For what it's worth, I've used TurboTax to handle my Form 2555 for the past three years while working in various Middle East locations. Their interview process walks you through the combat zone exception pretty well and automatically calculates the prorated exclusion. Just make sure you have your exact dates of entry and exit from the combat zone and documentation from your employer confirming you were supporting US Armed Forces.

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I tried TurboTax last year and it completely messed up my foreign exclusion calculation. Had to file an amended return. HR Block online handled it much better for me.

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That's surprising to hear! What specific issue did you have with TurboTax? For me, it calculated everything correctly and even prorated my exclusion automatically for my partial year in Kuwait. I wonder if they've improved their handling of Form 2555 in the most recent version. I'll admit that the questions they ask about qualifying for the exclusion aren't always clear, but if you navigate them carefully, the end calculation has always been right for me.

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Just want to add another perspective here - I was in a similar situation as a contractor in Afghanistan for about 180 days last year. The combat zone exception definitely applies, but make sure you're crystal clear on which specific days count toward your physical presence. One thing that tripped me up initially was that travel days to and from the combat zone don't automatically count unless you're actually physically present in the designated area. So if you had layovers in Dubai or other non-combat locations, those days typically don't count toward your 163. Also, double-check that Iraq/Kuwait region work qualifies - it should under the Arabian Peninsula Area designation, but the IRS is very specific about which locations qualify. You can find the complete list in Publication 3 (Armed Forces' Tax Guide) to make sure your specific work sites are covered. The prorated calculation everyone mentioned is correct (163/365 × $120,000), but just be extra careful with your date documentation since the IRS tends to scrutinize foreign income exclusions more closely, especially for contractors.

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This is really helpful clarification about the travel days! I hadn't thought about layovers potentially not counting. Most of my travel was pretty direct through military transport, but I did have a couple of civilian flights that went through Dubai. Do you know if there's a specific rule about how long a layover has to be before it "breaks" the physical presence? Like if I had a 6-hour layover in Dubai on my way to Kuwait, would that entire day not count, or just the layover time itself? Also, thanks for mentioning Publication 3 - I'll definitely double-check that my specific locations in Iraq are covered under the Arabian Peninsula Area designation. Better to be safe than sorry when it comes to IRS scrutiny!

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