How many days can I stay in the U.S. without having to report to the I.R.S. ?
A non US Citizen or Permanent Resident ("Green Card”) is considered a resident of the U.S for U.S. federal tax purposes if he or she is physically present in the United States for at least 31 days in that year, and the cumulative number of prorated "days" spent in the United States during a three-year period is equal to or greater than 183. Days are prorated so a day this year is counted as a full day, a day last year is counted as a 1/3 of a day, and a day 2 years ago is counted as 1/6 of a day. (you don’t have to do the math yourself, use the calculator on our home page).
What is considered a ay I have been in the US?
You are treated as present in the United States on any day you are physically present in the country at any time during the day.
However, there are exceptions to this rule. Do not count the following as days of presence in the United
States for the substantial presence test:
Days you are unable to leave the United States because of a medical condition that arose while you are in the United States
Days you are in the United States for less than 24 hours when you are in transit between two places outside the United States.
Days you commute to work in the United States from a residence in Canada or Mexico if you regularly commute from Canada or Mexico.
Days you are in the United States as a crew member of a foreign vessel.
What happens if I stayed more than the prorated 183 days in the US in the last three years?
Once you hit the 183 days threshold, you have a reporting obligation to the IRS. Failure to comply with this obligation triggers a penalty of $ 10,000 each time.
As long as you have been in the U.S.for less than 183 days during the current year, the Internal Revenue Code has an exemption you can apply for to get you out of an obligation to pay U.S. Tax. To apply for that exemption, you have to file the Form 8840 on a timely basis. You don’t have to worry our site will will help you fill this format no time!
I have been told not to stay more than 120 days each year to be “Safe”. Is that true?
120 days a year will work out with the prorating formula to be a little under the 183 days threshold. However, all you need to do if you cross the threshold is to fill in the required form. You will not need to pay taxes or even file a tax return, unless you stayed in the US for more than a 183 days in the current year. In this case you might need to file a report, but don’t worry! There are no tax payment involved even when filing a report.
Is it true that if I have stayed in the US more than 183 real days in a year I am doomed to pay US taxes on all my worldwide income?
Not al all. Once you hit 183 real days in a year (as opposed to the prorated 183 day cumulative number for 3 years), you have to file a US tax return. However, the Canada-U.S. Tax Treaty will get most Canadian residents out of an obligation to pay U.S. tax on their non-U.S. source income (and even on dividends and interest form the US) . Claiming this protection involves filing a Form 8833 and attaching it to a U.S. tax return.
Our site will handle these form for as well !
I am not sure what form do I need to file?
Don’t worry. Just fill in the right information and our site will generate the right forms that fit your need.
Do I need an IRS number in order to file?
In most cases, you will need an Individual Tax Payer ID number (ITIN). You will need to apply for it only once and you can use this number year after year. Our service will fill out the right form you need to apply for the ITIN and will provide you detailed instructions on applying and how to file your report.
It sounds complicated. Should I just ignore it?
Our goal is to make it non complicated. You can be done in 15 minutes or less. Ignoring it, however, might cost you significant fines, of up to $10,000 per year or even more.
How much does it cost?
You can use and try the system for free. You will be prompt to pay only when you are ready to receive your ready to file forms.
Finding out if you are required to file any tax forms - FREE
Form 8840 (“Closer Connection Exception Statement”) – above 31 days below 183: $49
W-7- (tax ID). (required only the first time you file if you do not have an ITIN): $19
Form 1040 (Tax Return) + 8833 (Treaty-Based Return Position Disclosure) – if you have stayed more than 183 days - $99
Are you filing for me?
Once you finish filling in your information, our site will asses your case and will generate the needed pre-filled forms and an instruction sheet detailing what you need to do next and where to file your forms. You will receive a download link to use to download the files. You will need the free Adobe Acrobat Reader to open the forms and a printer to print the forms on. Make sure to review the forms for any mistake before you send them to the IRS.
What if I made a mistake in the forms?
You will get a chance to review the information before generating the forms. However, if you find you made a mistake in the form, just log on back to the system, fix the information, and re-genare the forms at no charge.
Why use this site? Can’t I just fill the forms myself?
IRS forms, rules and regulations, are much more complex than they sound. We offer speed, simplicity, and accuracy. Just answer a few simple questions and we take care of figuring out the right form combination, prepare them in the right way, and provide you all the instructions you need to file them correctly. It should not take more than 15 minutes and you are done. Since we store your information, it will all be there ready for you when it time to file next year, so it will take even less time and will be even simpler next time you file.
How secure and safe is my information?
Your information is stored in the most secured environment. Not only access to it is strictly restricted, the sensitive parts of it are also encrypted to provide additional layer of protection.
What is I have income generated in the US or I hold a "Green Card"?
At this stage this online service is for the following individuals only:
You did not receive wages as an employee in the US subject to U.S. income tax in 2014.
You had no U.S. source income (except dividends or interest, which are covered by the treaty).
Next year we will be adding features that will handle also individuals with US income. Register to receive our update emails
More IRS resources: