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Bona fide residence test

Residence is more than a day count.

Bona fide residence looks at the nature, continuity, and intent of your life in a foreign country. It can accommodate visits to the United States, but the surrounding facts carry more weight.

Last reviewed: September 5, 2026

The core requirement

A U.S. citizen may satisfy the bona fide residence test by being a bona fide resident of a foreign country or countries for an uninterrupted period that includes an entire tax year. Certain U.S. resident aliens may also qualify when an applicable income tax treaty allows it.

Unlike the physical presence test, bona fide residence is not decided by reaching a fixed number of days. The IRS looks at the full pattern: purpose of the stay, length and nature of residence, ties to the foreign country, ties retained in the United States, and whether the stay appears temporary or indefinite.

An established foreign life

Housing, community ties, routine, family circumstances, and local legal or tax status can help describe the nature of residence.

A facts-and-circumstances test

No single document or number decides the result. Consistency across the whole record matters.

More than a temporary assignment

A definite short-term stay with a clear, near return may point away from bona fide residence.

An entire tax year

The uninterrupted residence period must include a full January-through-December tax year, even if it begins earlier or ends later.

Facts commonly considered

A residence analysis should tell one consistent story. Depending on the taxpayer, useful facts may include:

  • The expected and actual length of the stay
  • Type and term of foreign housing
  • Foreign immigration or residency status
  • Local tax filing and payment position
  • Family location and household arrangements
  • Community and professional ties abroad
  • The nature of any U.S. home kept available
  • Statements made to foreign authorities

Temporary visits do not automatically break residence

A taxpayer can make temporary trips to the United States or elsewhere while remaining a bona fide resident abroad if there is a clear intention to return to the foreign residence. The duration, reason, and surrounding facts still matter.

That flexibility is different from the physical presence test. A U.S. day can affect the 330-day count even when a person’s foreign residence remains intact. In some cases, a taxpayer may satisfy both tests; the return should use the path best supported by the record.

Bona fide residence vs. physical presence

QuestionBona fide residencePhysical presence
Main focusNature of residenceLocation by day
Time periodIncludes an entire tax year330 full days in 12 months
U.S. visitsCan be consistent with residenceReduce foreign full days
JudgmentHighMore mechanical

Related FEIE resources

General educational information only. Residence determinations are fact specific and rules can change.

A clearer next step

Turn the residence facts into a supportable position.

Share the tax year, country, residence timeline, work situation, and your main question. The first inquiry does not require documents.

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