Originally Posted by
Thedude
Not necessarily.
I suggest you speak to a tax lawyer (I have) and you will find a huge difference between the physical presence test and bona fide residence test.
You can come back more than 35 days per year and not have a tax liability.
Yes, I posted the IRS language on that verbatim here:
http://www.airlinepilotforums.com/mo...tml#post907406
A very close relative is a CPA and Tax Lawyer. Doesn't make me any smarter, which is why I tend to stick to the actual raw data (IRS language) and the results of ACTUAL audits.
If you do not meet the 330 day rule, as the poster suggested, then you MUST meet the residency rule. One of the other.
The bottom line on any of this... there is always somebody who has made a claim on his taxes that I may not think is quite right. Ask the simple question... did it pass an IRS audit?