Skip to content
Get a fee quote
US tax·US UK Tax Hub Tax Team

The relief every other American abroad relies on is the one you cannot use

A dark facade of identical windows, a few lit from within, illustrating military pay and US tax while abroad

Almost every article about Americans abroad leads with the same relief. Exclude your foreign salary, file a form, pay little or nothing. For someone on a government payroll, that advice is not merely unhelpful. It is wrong.

Military pay and other United States government salaries sit outside the exclusion by definition.

What replaces it is a mix of treaty protection on the British side and ordinary credits and allowances on the American one. In our practice, service families arrive having read the wrong guidance and budgeted accordingly.

What is military pay for these purposes?

Compensation paid by the United States to a member of its armed forces. The same logic covers civilian employees of the government and its agencies. The payer is what matters, rather than where you happen to serve.

Why can you not use the exclusion?

Because the definition of foreign earned income leaves it out. The instructions to Form 2555 state plainly that income from working abroad as an employee of the US government does not qualify for either exclusion or the housing deduction, and tell you not to file the form.

The same instructions list amounts paid by the US government to its employees among the items that are not foreign earned income.

So the question is settled rather than arguable. There is no position to take here and nothing to disclose.

Who you areExclusion available?UK tax on the pay?Main relief
Service member paid by the USNoGenerally no, under Article 19Allowances and credits
US civilian government employee abroadNoGenerally no, under Article 19Allowances and credits
Contractor on a government contractPotentially yesDepends on residence and the workExclusion or credit
Spouse with a local UK jobPotentially yesYes, PAYE appliesExclusion or credit
Locally engaged staff at a postDepends on the employerDepends on the engagementNeeds individual review

Does Britain tax a US government salary?

Generally not. Article 19 of the treaty gives salaries paid from the public funds of one country, for services rendered to that country, to that country alone. So military pay from the United States normally stays outside the British charge entirely.

An exception exists where the services happen in the other country and the individual is a resident there who is also a national of that state, or who became resident for reasons other than the posting.

An American posted to Britain normally sits outside that exception, because they are not a British national and they moved for the job.

So the British tax position on the salary itself is usually straightforward.

Does the saving clause interfere?

Not in the way it does elsewhere. Article 19 sits in the part of the exceptions list preserved for individuals who are neither citizens of nor permanently resident in the taxing state.

Read from Britain's side, that describes an American on a posting precisely. The UK grants the benefit, and the clause does not take it back for someone who is not British.

The United States taxes its citizens regardless, which it was always going to do with its own payroll.

Our article on treaty Article 17 shows how differently other articles fare under the same clause.

What about allowances?

Several allowances paid to service members receive favourable treatment under domestic American law rather than through the treaty. Publication 3 is the Armed Forces' Tax Guide and sets out which items are includible and which are not.

Housing and subsistence allowances are the obvious examples people ask about.

Because those rules are domestic, they apply wherever you serve. Nothing about a UK posting changes them, which is a rare simplicity in cross-border tax.

Where does the IRS explain the rest?

In one place, usefully. The IRS maintains a military tax page that collects deadlines, combat zone provisions, moving rules and the filing extensions available to service members. It is a better starting point than general expatriate guidance, which assumes reliefs you cannot use.

Extensions matter more for this group than most, because deployments rarely coincide with filing season.

Start there rather than with general expatriate guidance, which is written for people the exclusion actually covers.

Do contractors have a different answer?

Yes, and the difference is fundamental. A contractor is not a government employee, so the exclusion is available in principle, subject to the ordinary tests on tax home and days abroad.

There is even a provision aimed squarely at this group. The Form 2555 instructions note that certain individuals serving in a combat zone in support of the armed forces may nonetheless establish a tax home in that country.

So two people working alongside each other can have opposite answers, depending purely on who employs them.

We check the contract rather than the role, because the payer decides the outcome.

What about a spouse's local job?

That income is ordinary foreign earned income, not government pay. A spouse working for a British employer can use the exclusion or the credit like any other American in Britain.

Filing status then becomes the interesting question, particularly where one spouse is not a US person.

Our article on married filing separately with a UK spouse sets out that choice and what it costs.

Does a posting change your state filing?

Often not, and this is where we send people to check rather than assume. Service members generally keep a state of legal residence that does not change with each assignment, and specific federal protections apply to them and, in some cases, to spouses.

Those rules sit outside the treaty and outside the IRS material, so they need checking against the state and the service.

We flag it because the cost of getting it wrong falls on a state return nobody was expecting. Our article on US tax returns from abroad covers the federal side that runs alongside any state question.

Reporting, accounts and the usual forms

Everything else applies as normal. A UK account opened on arrival counts towards the FBAR threshold, and Form 8938 may follow.

Government service changes nothing about those obligations. The pay is different; the reporting is not.

Our comparison of Form 8938 and the FBAR sets out which form catches what.

What replaces the exclusion?

What replaces the exclusion? — military pay

Three things, working together. The allowances that domestic law treats favourably, the ordinary deductions and credits any American receives, and the treaty article that keeps Britain out of the salary. Between them, military pay usually ends up taxed once, in America, at normal rates.

Together those usually leave military pay taxed once, in America, at ordinary rates. That is a worse outcome than an excluded salary and a better one than double taxation.

So the planning shifts from reliefs to timing and allowances. Deployments, moves and extensions matter more here than treaty articles do.

Deadlines and extensions

Filing season rarely fits a posting. Americans abroad get an automatic extension to 15 June, with a further extension available on request, and service members may have additional time in specific circumstances.

Combat zone service carries its own extension rules, which the IRS material sets out.

Ask which applies to you rather than assuming the general expatriate dates. Interest and penalties turn on the correct deadline, not the convenient one.

Moving, housing and the practical costs

A posting brings a move, and moves generate money that looks like income. Relocation payments, temporary lodging and shipment costs each have their own treatment, and military moves follow rules of their own.

Housing on base and housing off base can also differ in treatment.

Keep every document from the move, including the orders. Those papers establish the facts that every later question depends on.

In our practice the move year is the one families most often need help with, simply because so much happens at once.

Leaving the service abroad

Separation while overseas changes the analysis overnight. Military pay stops, the treaty protection that came with it stops, and any local employment that follows is ordinary foreign earned income.

At that point the exclusion becomes available for the first time, subject to the usual residence and presence tests.

So the year of separation often contains both positions: government pay for part of it and excludable pay for the rest. Plan it before the date rather than after.

Getting a posting right, step by step

Work through this in the first month rather than the first filing season.

  1. Confirm who pays you: the US government, a contractor, or a local employer.
  2. If the government pays you, set the exclusion aside entirely and do not file Form 2555 for that pay.
  3. Check the treaty position on the salary, which usually leaves Britain out of it.
  4. Read the guidance on allowances and note which items are includible.
  5. Check any extension available to you, especially around deployments.
  6. Treat a spouse's local income as a separate calculation with its own reliefs.
  7. Confirm your state of legal residence and what your state expects.

Can you still put money in a pension?

Yes, and the usual American routes stay open to you because your pay is American. A workplace plan or an individual retirement account works much as it would at home, since nothing about serving overseas removes access to it. The contribution limits and deadlines are the domestic ones.

British schemes are a different matter. Without UK earnings, there is little to relieve here, so a UK pension rarely helps a service member.

A spouse with a local job is in the opposite position. Their UK pension has a treaty answer of its own.

Two households, one return

Service families often have both kinds of income under one roof, and a joint return mixes them. The government salary sits outside the exclusion while the spouse's local pay sits inside it.

That is not a conflict. It simply means the return needs two calculations rather than one.

Filing status drives the rest. Where a spouse is not American, the choice between separate and joint filing changes the whole shape of the return.

We run both versions for families in this position, because the answer is rarely obvious in advance.

An illustrative example

Take an illustrative posting. An American service member spends three years at a base in England on US military pay, while her spouse takes a job with a British company.

Her salary stays outside the exclusion and outside UK tax, so her American return reports it with the usual allowances applied and no Form 2555 at all. His salary is ordinary foreign earned income, so the exclusion or the credit does the work for him.

Their joint account crosses the reporting threshold in the first month. The figures are illustrative; the split treatment within one household is entirely typical.

Common mistakes we see

First, filing Form 2555 for government pay, which the instructions specifically tell you not to do. Second, budgeting for an expatriate tax saving that was never available.

Third, assuming a contractor and a service member share one answer. Fourth, ignoring a state return because the posting is overseas.

Fifth, treating a spouse's local salary as though it were part of the same analysis. Sixth, missing the FBAR because the pay itself was untaxed in Britain.

How US UK Tax Hub helps with a posting

We separate the household into its actual payers, because that single step decides which reliefs exist for whom. Then we apply the treaty to the government salary and the ordinary reliefs to everything else.

Our US federal return service covers the return, the reporting forms and the extensions that apply to service families.

Send us your orders and your spouse's contract and we will set out what each of you can claim.

Last reviewed . Tax thresholds and rates change annually — check the figures against the current tax year.

Questions this raises for readers

No. The Form 2555 instructions state that income from working abroad as an employee of the US government does not qualify for either exclusion or the housing deduction, and they tell you not to file the form for it. The same rule covers civilian government employees paid by the United States.


Generally not. Treaty Article 19 allocates salaries paid from one country's public funds, for services to that country, to that country alone. The exception for locals and long-standing residents does not usually describe someone who moved to Britain for the posting itself.


Not for this purpose. Article 19 sits in the part of the exceptions list preserved for people who are neither citizens of nor permanent residents of the taxing state. From Britain's perspective that is exactly what an American on a posting is, so the UK protection holds.


It depends on the allowance, and the rules are domestic American ones rather than treaty provisions. Publication 3, the Armed Forces' Tax Guide, sets out which items count as income and which do not. Because those rules are domestic, they apply the same way wherever you are stationed.


No, and the difference matters. A contractor is not a government employee, so the exclusion is available subject to the usual tests. There is also a provision allowing certain people serving in a combat zone in support of the armed forces to establish a tax home there.


Check it rather than assume. Service members generally retain a state of legal residence that does not change with assignment, and specific federal protections apply to them and sometimes to spouses. Those rules sit outside both the treaty and the main IRS expatriate guidance, so they need looking at separately.

Posted to Britain, or about to be?

This article is general information, not personal tax advice. Send us your orders and any spouse employment details, and we will set out which reliefs apply to which income in your household.

Get a fee quote