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Tax Law (Questions About Taxes)/Foriegn Earned Income/contractor/partial 330 day


I have been working as a contractor or employee overseas for the last 5 years.  Sometimes the full 330days to qualify for the Foreign Earned Income exclusion, sometimes for less than the 330days to enjoy an extended unpaid holiday.  In 2012 I left Afghanistan after 300 days because I have been called to active duty military (non foreign country).  Can I claim partial credit to the 330 day rule as 100% of my civilian income has come from the foreign employment?  - would not meet the 330 day rolling calendar option for 2012...


Thanks for your question.

If you do not meet the 330 day requirement, you cannot take the foreign earned income exclusion or credit.

However, you may be able to manipulate your 330 day period to get a partial credit. The 330 days do not have to be in the same year, you can use a rolling 330 day period.

Hope this helps.

John Stancil, CPA

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John Stancil, CPA


I can answer questions on personal income taxes, partnerships, and some corporate income taxes. I can deal with some state tax questions. Limited gift and estate tax questions. I am also familiar with ministerial and church tax reporting issues. I am Professor Emeritus at Florida Southern College. Sales taxes and property taxes are state and local issues so I am not likely be be able to give you an in depth answer on those types of taxes. I have maintained a CPA practice, specializing in tax, for over 35 years. I am a member of the National Association of Tax Professionals, The Florida Insititute of CPA's, The NCPE Fellowship. In addition I am a Certified Mentor for SCORE. Visit my website at I also offer seminars and consultations to churches and clergy on their tax issues at Also visit my blog, I am listed on Tax Connections at Prepare and file your own taxes at


I hold a doctorate in Accounting, and am a CPA. My certifications of CIA, CFM, and CMA are inactive. I passed all certification examinations on the first attempt, and received honorable mention for my scores on the CIA exam. I have operated a CPA firm for over 37 years and have taught accounting and tax at the college level for over 35 years.

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