I(not this writer) keep track of my days in the U.S. and submit my form 8840 regularly. But recently, I am
hearing that unless I am out of the U.S. for more than 30 days, those days also need to be considered as U.S.
days. My time in the U.S. is usually spread over seven or eight trips throughout the year and occasionally, I am back in Canada for fewer than 30 days between trips. How do you recommend I proceed to count days?
Answer The 30 day rule is correct. not that we like it, and that is what you should file.
I would try to structure your trips to be back for 31 days to be safe.
Fewer than 30 days absent from the U.S. is not considered as absent from the U.S.
A BC snowbird who was charged $350,000 in back taxes by the IRS. He was deemed to be a U.S. resident
of the United States, Spend more than 182 days in the U.S. per year.
(printed in the CSA)
A lot more information can be read in the 2015 spring issue of CSAnews(page 9)
A Canadian flew to Newark, got to the imigration and was not allowed into the U.S.
He had a DUI 32 years ago, had a Canadian pardon, which was no good in the U.S.
Needed to get a waiver from the U.S. imigration in order to enter the U.S.
This may takes weeks to get.
More detailed information can be found on page 17 of our CSA Travel Information Guide which can be accessed here,
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