Customer has been overseas since Aug 08 and we filed an extension for 08 and did his return after the year was up to qualify him for the exclusion. He made a couple trips home in April and Aug of 2009 but was within the 330 days out of country to qualify for the exclusion. Now he's wanting to come home again for Christmas. If he does and uses the calendar year of 2009 as his qualifying period he will not be out of country for the 330 days for 09, So to get around this he's wanting to stay until Aug 2010 and not come home again until then and use Aug 09-Aug 2010 as his qualifying period for 2009. Is this possible? In reading the regulations it just states he must be present in a foreign country for 330 days in 12 consecutive months. Is this ok to do so he can come home again at Christmas or will another trip back in Dec disqualify him?
Thanks for any help and thoughts on this.
Thanks for any help and thoughts on this.
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