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Category: Tax
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Wondering how long a winter visitor from Canada with Canadian

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Wondering how long a winter visitor from Canada with Canadian citizenship can visit in the U.S. per year without being subject to any U.S. tax laws. Every one of our friends has a different answer. Some say 180 days - others that there is a formula where you add up the number of days for 3 years -- would love to know what the U.S. laws really state.
Submitted: 5 years ago.
Category: Tax
Expert:  Expert_James replied 5 years ago.

Did you enter with an actual visa?

Customer: replied 5 years ago.
We are just asking about visiting the U.S. for part of the winter - it is not about immigrating - no visa is required to just visit.
Expert:  Expert_James replied 5 years ago.
A person who enters through the process you describe is only permitted to be in the US for 6 months at a time. The number of entries permitted in any given year is determined solely by the officer at the port of entry. If they decide to let you back in the next day after leaving, they can do so. But this is unlikely to happen, since spending more than 6 months in the US can be viewed as taking up residence here.

But this has nothing to do with tax laws, and to be honest, we are not permitted to provide this information, since you are in the US immigration section.

If you are not earning any income while in the US, you should not be subject to US tax laws.

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Expert:  Robin D. replied 5 years ago.

Hello and thank you for using Just Answer.

Your question was moved to the tax section.

There are 2 ways you could be considered a resident and subject to US taxation as a resident. One is to have a green card and the other would be under substantial presence.

To meet the substantial presence test, you must have been physically present in the United States on at least 31 days during the current year, and 183 days during the 3 year period that includes the current year and the 2 years immediately before. To satisfy the 183 days requirement, count all of the days you were present in the current year, and one-third of the days you were present in the first year before the current year, and one-sixth of the days you were present in the second year before the current year. This stops people from coming and going to miss being a resident and subject to taxation as a resident..
Even as a nonresident alien you may need to file a tax return. If you are a nonresident alien, you must file Form 1040NR or Form 1040NR-EZ if you are engaged in a trade or business in the United States, or have any other U.S. source income on which the tax was not fully paid by the amount withheld.

I hope this has finally put your mind at rest on how to count the time in the US.