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If you re planning to spend time in the US each year, there are some things you should keep in mind to avoid the long arm of Uncle Sam
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Tim s Tip 91: Understand the implications of becoming a resident of the US
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Becoming a resident of the US for tax purposes can add a whole world of complexity to your tax affairs If you inadvertently become a resident south of the border, you ll be required to le a US tax return and pay US tax on your worldwide income The IRS will consider you to be a US resident for tax purposes if you hold a green card or if you meet the substantial presence test How does it work If the following formula adds up to 183 days or more, then you ve met the substantial presence test and you ll be deemed a US resident As a general rule, if you were physically present in the US for 122 days (four months) a year over the last three years, you ll meet this test and be deemed a US resident
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T h e S u b s ta n t i a l P r e s e n c e T e s t Add Plus Plus The total days you are present in the US in the current year (It must be at least 31 days or you will not be caught by this test) One-third of the days you were present in the US in the prior year One-sixth of the days you were present in the US in the second prior year
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If the total of these is 183 days or more, then you have met the substantial presence test
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If you meet the substantial presence test, there are still three avenues of relief that could allow you to escape having to le a full-blown tax return in the US
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1 Closer Connection If you truly have a closer connection to Canada than the US, despite meeting the dreaded substantial presence test, then you can le a Closer Connection Statement with the IRS, Form 8840, telling the IRS about this closer connection Filing this form will get you out of the obligation to report your worldwide income to Uncle Sam To claim a closer connection to Canada, you must be present in the US fewer than 183 days in the current year and le Form 8840 by June 15 of the following year (that is, le by June 15, 2007, for the year 2006) 2 Exempt Person Generally, you won t be treated as being present in the US on any day in which you re temporarily present in the US as a foreign government related individual, a teacher or trainee who holds a J visa, a student holding either an F, J, or M visa, or a professional athlete temporarily in the US to compete in a charitable sporting event If you re an exempt individual, you re required to le a form with the IRS stating why you re exempt from US taxation 3 Tie-Breaker Rules It s possible you might be considered a resident of both Canada and the US at the same time under the tax laws in each country In this case, the Canada US tax treaty provides relief from being considered a resident of both countries by applying some tie-breaker rules Now, if you hold a US permanent resident visa (a green card) you should be careful about claiming to be a non-resident of the US under the treaty This could jeopardize your ability to maintain that US residency permit You should get advice from an immigration lawyer before claiming non-resident status in this case
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Don t assume, just because you re considered a resident of Canada for Canadian tax purposes, that the IRS will agree with you You might also be considered a US resident for US tax purposes! Being a resident of Avoid becoming a US resident for tax purposes if you hope to keep your tax affairs from becoming a complex quagmire If you spend, on average, more than 122 days each year in the US, you might meet the substantial presence test, which will deem you to be a resident of the US
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