Questions about time permitted in the U.S.

Winter 2013 CSANews Issue 89  |   Posted date : Jan 07, 2014.Back to list

Bird talk - Le Jaseur
Dear Bird Talk,

I read an article online that was published by the Star which stated some information of which I was unaware and am wondering if you could clarify. We are aware that we can stay for up to 182 days out of a year. What I was unaware of is it also states that anyone that stays for more than 120 days per year over a three-year period may be considered a U.S. resident for tax purposes. This interprets into us being able to stay for four months a year in a three-year period, or the other option would be to stay for 182 days for two years out of three and we would have to stay in Canada every third year. Looking forward to your comments!

Mary Idiens
Annapolis Valley, NS

Response:
Ed.: They do not make it easy, do they? First, I would only ever speak about spending six months; the border guards do not like it when you say 181 days...as they think you may be trying to “work” the system for an extra few days. It is totally legal for you to spend six months, every year, as a visitor to the U.S. The article is correct in that you are considered taxable in the United States if you have regular extended stays. That is why we file IRS Form 8840 to prove to them that we have a “Closer Connection” to Canada. If you do file the 8840, you will have no trouble with the tax authorities unless you breach the six-month stay rule.

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