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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29535
Experience:  Taxes, Immigration, Labor Relations
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I am Canadian whose primary residence is in Canada (spend more

Resolved Question:

I am Canadian whose primary residence is in Canada (spend more than 1/2 the year). I recently purchased vacation property in the USA (snowbird), and as such I believe I am considered to be an Alien Resident. Must I file a Form 8840 "closer connection Exception Statement for aliens" with the IRS and is there anything else I must do or file? Thank you.
Submitted: 6 years ago.
Category: Tax
Expert:  Lev replied 6 years ago.

LEV :

You are a resident alien of the United States for tax purposes if you meet either the green card test or the substantial presence test for the calendar year.


To meet the substantial presence test for calendar year 2010 - you must be physically present in the United States on at least:




  1. 31 days during 2010, and




  2. 183 days during the 3-year period that includes 2010, 2009, and 2008, counting:




    1. All the days you were present in 2010, andof the days you were present in 2008, and




    2. 1/6 of the days you were present in 2007





LEV :

sorry for typo..

LEV :

. To meet this test, you must be physically present in the United States on at least:


1. 31 days during 2010, and


2. 183 days during the 3-year period that includes 2010, 2009, and 2008, counting:


a. All the days you were present in 2010, and


b. 1/3 of the days you were present in 2009, and



  1. 1/6 of the days you were present in 2008

LEV :

Please see for reference IRS publication - www.irs.gov/pub/irs-pdf/p519.pdf

LEV :

If you spent in the US less than 183 days in 2010 and none in 2009 and 2008 - you are considered non-resident and do not to file US tax return unless you have any income from US sources.

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