If your total is less than 183 days, you are likely not considered a U.S. resident for tax purposes
What is the test for U.S. residency?
The IRS Substantial Presence Test considers you to be a U.S. resident for tax purposes if you have been physically present in the USA for a certain length of time:
Even if you meet the Substantial Presence Test, you may still qualify for an exemption from being considered a U.S. resident for tax purposes. Contact us to discuss the proper steps to take and what forms must be sent to the IRS.
**What are "Included Days"?
For the Substantial Presence test calculation, The IRS requires you to include:
In addition, be sure to use calendar days, not 24 hour periods. For example, if you enter the U.S. at 11:00 pm on a Thursday and leave at 11:00 am the next day, it would count as 2 days, even though you were only in the U.S. for 12 hours.
IRS Form 8840 - Closer Connection Exemption Statement for Aliens
Get IRS Form 8840 (fillable version)
Canadian resident who exceed the number of days they're allowed to spend in the U.S. under the Substantial Presence Test are considered U.S. residents for tax purposes and must pay taxes in the United States.
However, Form 8840 provides an exemption to Canadians who fall into this category, commonly referred to as the Closer Connection Exemption.
If you meet certain criteria, can prove that you have a closer connection to Canada than the U.S. and file Form 8840 with the IRS annually by the prescribed deadline, you may be able to rely on the Closer Connection Exemption and avoid paying taxes in the U.S.
This substantial presence test calculator is for informational purposes only, does NOT constitute tax or legal advice and should not be relied on as such. If you require tax or legal advice about your U.S. residency status, you should retain a qualified tax or legal professional to advise you based on your unique situation and circumstances.