8840 Form Calculations

Winter 2013 CSANews Issue 85  |   Posted date : Jan 10, 2013.Back to list

Bird talk - Le Jaseur
Dear Bird Talk,

When calculating days spent in the U.S. on the form 8840, if a person returns to Canada for two weeks at Christmastime and then returns to the U.S., or if a person is going on a cruise for two weeks on the Panama Canal while they are staying in the U.S., are these days used as part of the total days' calculation on the 8840 form? There seems to be some confusion as to whether or not these days should be used in the calculation.

Vaughan M
Regina, SK

Response:
Ed: CSA has written documentation from the U.S. government which states that any temporary absences from the United States in the middle of a snowbird trip cannot be deducted from the total days spent in the U.S., unless you were absent for at least 30 days. This means that your two-week Panama Canal cruise is counted as time spent in the United States. This is unfair, of course but, as of today, that is the government’s position. Two weeks back home for Christmas falls in the same category. Instead of trying to change this position, CSA is working on the snowbird visa which would allow an eight-month visit and all of these problems would disappear. The confusion you refer to is caused by the many people who have not counted these days and no one has said anything, yet, so therefore it must be all right.

And to answer Barbara from Alberta – yes, all of December counts as time in the U.S.

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