Question about the 330 day requirement for tax exemption.

 Hi! I have tried looking at previous posts for an answer, but I am a bit confused. I'm hoping someone will know the answer, or might know someone who could clarify for me.
In regards to being able to use the foreign tax exemption for US taxes:
Does the 330 day rule mean that I have to be out of the US for at least 330 days each calendar year in order to use it? I ask because I moved here at the end of January this year (think I arrived the 29th, although I've only been working since April) and I really really want to go home for Christmas. I'd really like to be home for a week or so before Christmas, actually, but that would mean I'd have only been out of the country for about 320 days. Would this disqualify me from the tax exemption, or am I ok as long as I *live* outside of the US for at least 330 days?
I'd really appreciate any advice you could give me. Thanks so much.

Hello

In order to qualify for the Foreign Earned Income Exclusion using the Physical Presence Test, you need to have 330 days outside the USA in any 365 day period.

So, as long as from February 2015- February 2016 you have 330 days outside the USA, you can qualify for the FEIE. This should allow you to travel home for Christmas and stay a few weeks if you would like.

Shifting your year period like this will however qualify you for a pro-rated exclusion amount. This means that instead of the full FEIE amount (over 100K now), you will receive 11/12ths of it.

I hope this helps!

I am not a tax expert, but family illness required that I spend more than 30 days in the US last year. Worried about getting taxed in the UK and America, I hired an accountant who understood the finer points of things like the physical presence test and prepared my taxes that I was exempt from owing anything to the IRS and it was all above board, so yes, there are ways to make it happen, though if you're like me, you might need professional help.

Loss of the foreign earned income exclusion is less of a worry today in such circumstances than possibly becoming subject to the healthcare penalty on Form 8965.

You can also qualify for the Foreign Earned Income Exclusion using the Bona Fide Residence test, which makes all of this day-counting unnecessary. I would suggest that the OP check if he/she qualifies under that route.