What is the 330 days foreign exclusion rule?

Asked by: Prof. Jamar Harris  |  Last update: June 16, 2026
Score: 4.8/5 (34 votes)

The 330-day rule, or Physical Presence Test, allows U.S. citizens and residents working abroad to exclude a significant portion of their foreign-earned income ($130,000 in 2025) from U.S. taxes. To qualify, you must be physically present in a foreign country for at least 330 full days during any 12-month period.

What is the 330 day rule for taxes?

It's an IRS rule that lets U.S. taxpayers qualify for the Foreign Earned Income Exclusion if they spend at least 330 full days in a foreign country (or countries) during any consecutive 12-month period. Do the 330 days have to be in the same country? No.

What is the 330 rule?

The 3-3-3 Rule… and how I learned it the hard way 😅 I used to laugh at the RV 3-3-3 rule — you know, travel no more than 300 miles a day, stop by 3 PM, and stay at least 3 days in each spot.

How many days do you need for foreign tax exclusion?

Generally, to meet the physical presence test, you must be physically present in a foreign country or countries for at least 330 full days during a 12-month period including some part of the year at issue.

How many days can a foreigner stay in the U.S. without paying taxes?

A non-U.S. citizen will be treated as a U.S. resident for tax purposes if he is physically present in the United States for at least 31 days during the current calendar year, and a total of 183 days during a three year period. The three year period includes the current year and preceding two years.

Foreign Earned Income Exclusion (FEIE), Explained

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How long can a Canadian stay in the US without paying taxes?

Canada-U.S. Income Tax Treaty Tie-Breaker Rules

If you are present in the U.S. more than 182 days in the current year, you will not be eligible for the Closer Connection Exception and are considered to be a U.S. resident for tax purposes under U.S. tax law.

What is the 90% rule for non-residents?

The "90-day rule" for non-residents typically refers to two different concepts: in U.S. immigration, it's a guideline for determining if a non-immigrant misrepresented their intent by engaging in certain activities (like unauthorized work or immediate marriage) within 90 days of arrival, leading to visa fraud or inadmissibility. In Canadian tax law, the 90% rule allows non-residents to claim full federal tax credits if 90% or more of their world income is from Canadian sources, otherwise, credits are prorated.

What is the 183 day rule for Canadians in the US?

The 183-day rule for Canadians in the U.S. refers to the IRS Substantial Presence Test, which determines U.S. tax residency: you're generally a U.S. tax resident if present for 31 days in the current year, plus 1/3 of the prior year, and 1/6 of the year before that, totaling 183 or more days over the 3-year period, triggering U.S. income tax obligations unless you qualify for treaty exceptions like having a "closer connection" to Canada. 

Why is the ATO asking if I'm a foreign resident?

Even Australian citizens who have spent significant time overseas can, in some circumstances, be deemed foreign residents for tax purposes. That's why the ATO uses the clearance certificate process: to create a simple, uniform way for vendors to confirm their status and avoid unnecessary withholding.

Do I have to file a US tax return if I live in Canada?

Yes, if you are a U.S. citizen or a resident alien living outside the United States, your worldwide income is subject to U.S. income tax, regardless of where you live. However, you may qualify for certain foreign earned income exclusions and/or foreign income tax credits.

How does the IRS know about foreign income?

US taxpayers are required to report their worldwide income and foreign financial assets annually on their tax returns and on international informational reports, such as FinCEN Form 114 (FBAR), Form 8938, etc.

What is the 300 330 rule?

The 3-30-300 rule offers benchmarks for cities to promote equitable nature access. It dictates that individuals should see three trees from their dwelling, have 30 % tree canopy in their neighborhood, and live within 300 m of a high-quality green space.

How many days can you work outside the US without tax implications?

This commonly referenced rule is part of many international income tax treaties and generally states that an individual may be exempt from income tax in a Host country if they are present in that country for fewer than 183 days within a defined period – often a calendar year or rolling 12-month period.

Does HMRC know if you move abroad?

Generally, you do not need to tell HMRC if you are leaving the UK for a short period, such as for a holiday or brief business trip. However, if you are leaving the UK to live overseas, at the very least you should advise HMRC of your new residential address (and correspondence address, if different).

What is the IRS 7 year rule?

The IRS 7-year rule primarily applies to keeping records for claiming a deduction for bad debts or losses from worthless securities, allowing a longer period to file for a credit or refund, but it's not a universal audit limit; it's often a recommended safe buffer for general record-keeping, with the standard IRS audit period usually being 3 years, extending to 6 years for substantial income omission (over 25%) or foreign income issues, and indefinitely for fraud.

Do I need to tell the ATO if I move overseas?

You need to notify us, within 7 days of leaving Australia, if you intend to move or already reside overseas for 183 days or more in any 12-month period. To notify us, complete an Overseas travel notification and update your contact details, including your mobile, international residential, postal and email addresses.

What happens if you have dual tax residency?

Dual tax residency occurs when an individual is considered both a resident and non-resident of the United States within the same tax year. This typically happens during the first year of arrival or departure from the US and requires filing separate tax returns for resident and non-resident periods.

How long can a permanent resident stay outside Australia?

Permanent residents can live outside Australia indefinitely, but travel rights are limited after five years.

What happens if I stay out of Canada for more than 6 months?

In actual fact, you can be absent from Canada as long as you want. The Canadian government recognizes that citizens may travel extensively, work or study abroad. You will always maintain your Canadian citizenship. What absentia may affect is your Canadian health care coverage and income tax.

Do dual citizens pay taxes in both countries in Canada?

Quick Takeaways. Dual citizens must file taxes in both the U.S. (worldwide income) and Canada (residency-based). Use the U.S.–Canada tax treaty to avoid double taxation through credits and exemptions. Key forms include Form 1040, FBAR, and Form 8938 for the IRS; T1 and T1135 for the CRA.

What happens if I'm not a tax resident?

Tax treatment of nonresident alien

If you are a nonresident alien engaged in a trade or business in the United States, you must pay U.S. tax on the amount of your effectively connected income, after allowable deductions, at the same rates that apply to U.S. citizens and residents.

How long do you have to be out of Canada to be a non-resident?

do not have significant residential ties in Canada and any of the following applies: You live outside Canada throughout the tax year. You stay in Canada for less than 183 days in the tax year.

How much tax do you pay on $70,000 a year in Canada?

For a $70,000 income in Canada (using 2025 rates), you'll pay roughly $13,000 to $20,000 in total taxes (federal, provincial, CPP, EI), depending on your province, resulting in a take-home pay around $50,000-$59,000, with federal tax around 14.5% or 20.5% depending on the portion, plus provincial tax and deductions like CPP and EI. 

Is Canada getting rid of temporary residents?

Canada's immigration plan aims to keep permanent residency admissions below one per cent of the population, and to reduce the total number of temporary residents to less than five per cent by 2027.