How long can I visit United States in 1 year

[Canadiangirl194]

Hi, I am new to this forum and Snowbirds.

My husband and I are travelling to San Diego mid November (2016). I know we can stay a max of 182 days. We will be coming back to Canada in April 2017. Then next October 2017 we plan to go to San Diego again.

How long do we have to wait in Canada before going to the states in the fall of 2017?

Does the year begin in Jan 2017 to Dec. 31st 2017? Is in a 6 month period?

Thanks Lorraine

[portliz]

Just fill out an 8840 and carry a copy with you. That way you are sure you have covered your bases as best you can. It is a painless form. Count ALL days in the US. Still up to the border personal.

[joebedford]

pianotuna wrote:
USA, with the now enforce rules, it works out to 120 days per calendar year, if you go each year.

I think I know what you're trying to say, but somebody who doesn't know the rules might get hung up on your 120 days.

If you go exactly 120 days each year, you MUST fill out form 8840.

but it's a formula 1/6*120+1/3*120*120=180. (180 is the IRS threshold).

also 1/6*180+1/3*180+90=180 so if you max out your time for a couple of years, in the third year you can only spend half the time and you're still obligated to submit form 8840.

This has nothing to do with immigration rules.

[FULLTIMEWANABE]

First and foremost: Any time you enter the USA it is at the discretion of the border crossing agent how long they agree to, same in Canada for visitors. We are always very conscious of that.

We built a house in Fla from November 2009 through to COO 10th June 2010, we had to juggle between us, as initially we were under the impression it was 182/3 calendar days in any one given year, thinking that 1st January started again, but we were told in no uncertain terms by several border agents at various times when querying this that it is 182/3 days in a 365/366 day cycle.

We were also advised by those in uniform that we should complete the "closer connection to Canada" form and keep previous copies with us each time we cross as well as proof with bank statements, utility bills, rental agreements or house ownership docs = back up if required (which it hasn't ever yet).

One thing that's become very evident with this visitors/snowbirds in the USA amount of time allowed, is there are lots of opinions out there and misinformation, seriously you should check with the official bodies direct in the USA as well Canada Revenue Agency regarding taxation liabilities, if you are present longer than 120 days a year.

We are in the process of trying to sell our Fla property now to go FT and when I head down to Sarasota next week, I am going to the IRS office on Bee Ridge Road personally to try and understand from "officialdom" about TTIN, and the implications of getting one too prematurely if the property doesn't sell in a timely manner ie; do I need to file a tax return in the USA each year I have it "just because"? It is advantageous to us to not have a 15% with holding tax on the full sale price, versus the difference between build and profit if there is any and apparently there is another form we need for that also completed. Oh man, life is never simple is it?

Seriously for your own sake, do check with proper "official sources" not a rehash done by various associations on their interpretation.

That's our 2 cents which is probably worth less than 1c in todays money.

FTW

PS: Don't neglect your provincial health care requirements either. You likely don't want to lose them!!! Again, check direct with Ontario Health not hearsay!

[pianotuna]

GordonThree Revenue Canada may deem you have disposed of all your Canadian assets and require capital gains to be paid, if you pay income tax to USA (and probably any other foreign State).

I'll be filling in the form every year!

[pianotuna]

Here is a link to the 2016 version of the form.

https://www.irs.gov/pub/irs-pdf/f8840.pdf

Here is a link to the IRS directions for filling out and downloading the current version of the form:

https://www.irs.gov/uac/form-8840-closer-connection-exception-statement-for-aliens

[rwbradley]

There is another side to this as well. I believe in Ontario for example there is a max number of days you are allowed to leave Ontario to still be eligible to receive OHIP coverage. Other provinces may also have residence minimums to keep their free Health coverage.

[Community Alumni]

Max days is 182 within each calendar year per Customs & Immigration.

If you spend more than 120 days each consecutive calendar year, you should complete the IRS 8840 form for deternination of your closer connection status for income tax purposes.

[pianotuna]

Hi,

USA, with the now enforce rules, it works out to 120 days per calendar year, if you go each year.

If staying more than 29 days a "closer connections to Canada" form needs to be filled out and sent to the US revenue service.

The number of days you can stay in USA increases to 240 if you own USA property with a value of $250.000.00 US.

This is a USA rule and has not much to do with Canada--which has it's own set of rules for visiting other countries. Each province has rules regarding health care coverage, too.

[GordonThree]

Old-Biscuit wrote:
PER CSA (Canadian Snowbird Association)

.
It is important to note that your number of allowed days in the United States each year does not automatically reset itself on January 1st simply because the calendar year has changed.
The time is calculated based on your travel dates and can continue from one calendar year into the next.
Your departure date from the U.S., as a Canadian citizen for example, cannot be more than 182 consecutive days from your date of arrival. In essence there is both a per-trip and per-year limit

Read all about it...starting pg 17 and especially pg 20 (Time between trips)

So the Canadian Federal website is wrong?

[Old-Biscuit]

PER CSA (Canadian Snowbird Association)

.
It is important to note that your number of allowed days in the United States each year does not automatically reset itself on January 1st simply because the calendar year has changed.
The time is calculated based on your travel dates and can continue from one calendar year into the next.
Your departure date from the U.S., as a Canadian citizen for example, cannot be more than 182 consecutive days from your date of arrival. In essence there is both a per-trip and per-year limit

Read all about it...starting pg 17 and especially pg 20 (Time between trips)

[GordonThree]

Welcome to the forums.

It took a quite a bit of searching, but I found this:

https wrote:
Length of stay

Canadians, including “snowbirds” who winter in the U.S., are generally granted a stay for up to six months at the time of entry. The length of stay is determined at the port of entry by a Customs and Border Patrol (CBP) Officer and is based on the purpose of travel at the time of initial entry. If you wish to stay longer you must apply for an extension with the nearest office of U.S. USCIS once you are in the U.S. and before the expiry of your initial authorized stay. You may be asked to demonstrate that you are only visiting temporarily in the U.S. Remaining in the U.S. beyond your authorized period of stay can lead to serious consequences such as deportation.

There is no set period of time that you must wait to re-enter the U.S. after the end of your authorized stay; however, if a CBP Officer suspects you are spending more time in the U.S. than in Canada, it will be up to you to prove to the Officer that you are a temporary visitor, and not a U.S. resident. Successive, authorized stays of long duration may have tax implications unless you can demonstrate a closer connection to Canada than to the U.S. If you have any questions or need more information on U.S. taxes, contact the U.S. Internal Revenue Service (IRS).

I understand that to mean, as a snowbird, if you're trying to live in the United States as a secondary residence, you might want to apply for dual citizenship, as well as report yourself to the IRS so you can pay your share of American taxes.