Days in U.S. and Form 8840 specifications

Spring 2015 CSANews Issue 94  |   Posted date : Jun 16, 2015.Back to list

Bird talk - Le Jaseur
Dear Bird Talk,
Please advise. If I wish to stay in the U.S. for 150 days every year, am I allowed to do that? And if I file form 8840 every year accordingly, do I still have to pay U.S. income tax on worldwide income? (This is assuming that I earn no income whatsoever in the U.S.)
Lan Huong Nguyen
B.C.

Response:
Ed.: You are allowed to visit the United States for up to six months in any 12-month period. That does not mean a calendar year…it is ANY 12-month period. So the answer to the first question is “yes.” If you file the 8840 every year, you will not have to pay U.S. taxes as you have declared yourself as a Canadian resident or stated your “closer connection” to Canada on the 8840. You do NOT have to pay tax in the U.S. at all.

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