The qualifying rules for the foreign earned income exclusion are very specific. It is an all or nothing qualification.
The first thing to consider is that he does not work for the federal government. If he works for a private company that contracts with the federal governement that is fine.
One must first meet the tax home test. His tax home must be in a foreign country.
Once that is met, then there are two ways to qualify:
1. bona fide residence. Very likely your husband would not qualify under this rule. He does not maintain a permanent home in the foreign county.
2. physical presence: this is where the 330 days in a 12 month period applies. The 12 month period does not have to be a calendar year. Thus, his 12 month period can be from 9/1/2008- 8/31/2009. As long as he meets the 330 day requirement, he can qualify for both 2008 and 2009. If he does not meet the 330 days in a foreign country, then all of the foreign earned income is taxed.
If you read through the instructions for form 2555 they are pretty straight forward.
I find the problem is with getting the program to put the figures in where I want them
The partial exclusion applies only to the max that can be excluded:
example: you have determined that you have met the physical presence test. To figure the exclusion:
your qualifying 12 months is 9/08- 8/09
for 2008 the number of days of your qualifying period during 2008 is 90. Thus you can exlcuded up to:
90/366 x $87,600= $21,541. If the foreign earned income is less than this amount, then all of it can be excluded. IF it greater than this, then the amount above $21,541 is not excluded.
for 2009 the number of days of your qualifying period during 200 is 245. Thus you can exlcuded up to:
245/365 x $87,600= $58,800 ( I don't know if the max changes for 2009 and I did not take the time to look it up)
I hope this answers your questions.