Staying past the 182-day limit if 8840 submitted

Spring 2016 CSANews Issue 98  |   Posted date : Jul 15, 2016.Back to list

Bird talk - Le Jaseur
I have faithfully submitted my IRS 8840 Form for quite a few years now.

My question is, can I stay past the 182-day limit by filling out the form? Or am I not protected by the friendly country alliance after the 182 days is up?

Alex B.
Victoria, BC

Response :
Ed.: Congratulations on regularly completing the Form 8840 for the Internal Revenue Service known as the IRS (the tax man). This will very likely prevent you from being taxed in the United States on your worldwide income. If you stay in the U.S. for longer than the six-month period allowed in any calendar year, the IRS will consider you to be a resident, and tax you. They will tax you on what you earn in Canada AND anywhere else, for that matter. The rare exception is when you have received special permission to extend your stay beyond six months, in writing, and this is rarely granted.
Now, to answer your question. Filling out the Form 8840 has nothing to do with your length of stay – it has to do with taxes. The U.S. Customs and Border Protection Agency, which forms part of the Department of Homeland Security, monitors and enforces your length of stay. If you stay for longer than six months in any 12-month period, you are breaking the law in the U.S. and are violating the verbal visa which you received when entering the U.S. This is not a good idea!! Being barred from the U.S. for five to 10 years is a common punishment.

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