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Post by GuardianAngel Thu Jul 06, 2017 11:49 am

My friends and many people I know, are gone end of October beginning of Nov until mid April late April - and they do this every year. Jan - April Nov to Dec - they are in the US. and they always calculate for the calendar year.


By Holly Haber, CPA, CA, CPA (NY)
Holly is a Toronto based tax specialist with Fuller Landau LLP with a focus on cross border tax issues for individuals located in Canada and the United States
Under the Substantial Presence Test, the IRS considers Canadians to be U.S. residents for tax purposes if you are physically present in the U.S. for:

31 days in the current calendar year; AND
183 days during the three-year period covering the current calendar year and the two preceding calendar years on a weighted basis. To arrive at your three-year total, you include:
All days spend in the U.S. in the current calendar year,
One-third of the days spend in the U.S. in the preceding year, and
One- sixth of the days spent in the U.S. in the year prior to that
While the test is odd and confusing, it actually allows you spend significantly more than 183 days in the U.S. over the three-year period by giving less weight to days in previous years.

If your total over the three-year period is 182 days or less, you will not be considered a U.S. resident for tax purposes, as you don’t meet the Substantial Presence Test.
Canadian snowbirds who spend 183 days or more in the U.S. in the current calendar year have one last kick at the can to avoid being declared a U.S. resident for tax purposes – File a U.S. Nonresident tax return (Form 1040NR) and claim an exemption under The Canada – U.S. Tax Treaty.

https://www.snowbirdadvisor.ca/us-residency-rules-every-canadian-snowbird-must-know


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Post by notarose Thu Jul 06, 2017 12:13 pm

@guardianangel
Is it possible that "days" work similiar to this analogy?
A teacher is hired for a 10 month school calendar that straddles 2 calendar years yet pays each calendar year tax separately.
If it is similiar that would mean one count for visitor time (a duration of 12 months beginning at time of entry) and a different count for taxation (calendar year).

What do you think?  Possible or no?

I find this mind boggling duh giggling


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Post by GuardianAngel Thu Jul 06, 2017 12:29 pm

Maybe, could be. Taxes are paid every calendar year so that would work too.

It's confusing. I wish I had that problem. laugh out loud


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Post by notarose Thu Jul 06, 2017 12:32 pm

GuardianAngel wrote:Maybe, could be. Taxes are paid every calendar year so that would work too.

It's confusing. I wish I had that problem. laugh out loud

Me too.
Oh, to be independently wealthy.  As a child I used to play that game where you spin a globe, close your eyes, and when opened see what country you land on. If only it were that simple #dreaming #wishlistlongerthanlifespan


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Post by notarose Thu Jul 06, 2017 6:35 pm



from an empty moment something arrives
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Post by AllAboutLove Thu Jul 06, 2017 7:41 pm

Nick liked the post as did Vanessa  hearthumbsup  
Excited for No Better You and raising funds for such a worthy cause! I hope it does fantastic!  beatingheart  somuchfun - Bachelor 21 - Nick Viall & Vanessa Grimaldi - FAN Forum - Discussion #24 - Page 72 1f64f

legallogik Come get fit with us. Join us, along with Montreal's Bachelorette @vanessagrimaldi30 and her fiancé @nickviall, on Sunday, July 16, at her @nobetteryou Foundation Fitness event to help raise funds and awareness for special needs education programs across Canada!
Space and tickets are limited! Tickets are available on her website www.nobetteryou.org
We can't wait to see you there!!somuchfun - Bachelor 21 - Nick Viall & Vanessa Grimaldi - FAN Forum - Discussion #24 - Page 72 19764636_126458361286502_4683989898774970368_n
IG: https://www.instagram.com/legallogik
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Post by MonicaJM2001 Thu Jul 06, 2017 7:55 pm

So based on Nick IG/SC this afternoon about his fresh haircut can anyone tell if he us in his L.A car or a rental?


I was going to (insert any productive activity) but then well...........Nick
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Post by mindless Thu Jul 06, 2017 8:34 pm

GuardianAngel wrote:My friends and many people I know, are gone end of October beginning of Nov until mid April late April - and they do this every year. Jan - April Nov to Dec - they are in the US. and they always calculate for the calendar year.


By Holly Haber, CPA, CA, CPA (NY)
Holly is a Toronto based tax specialist with Fuller Landau LLP with a focus on cross border tax issues for individuals located in Canada and the United States
Under the Substantial Presence Test, the IRS considers Canadians to be U.S. residents for tax purposes if you are physically present in the U.S. for:

31 days in the current calendar year; AND
183 days during the three-year period covering the current calendar year and the two preceding calendar years on a weighted basis. To arrive at your three-year total, you include:
All days spend in the U.S. in the current calendar year,
One-third of the days spend in the U.S. in the preceding year, and
One- sixth of the days spent in the U.S. in the year prior to that
While the test is odd and confusing, it actually allows you spend significantly more than 183 days in the U.S. over the three-year period by giving less weight to days in previous years.

If your total over the three-year period is 182 days or less, you will not be considered a U.S. resident for tax purposes, as you don’t meet the Substantial Presence Test.
Canadian snowbirds who spend 183 days or more in the U.S. in the current calendar year have one last kick at the can to avoid being declared a U.S. resident for tax purposes – File a U.S. Nonresident tax return (Form 1040NR) and claim an exemption under The Canada – U.S. Tax Treaty.

https://www.snowbirdadvisor.ca/us-residency-rules-every-canadian-snowbird-must-know

If it's the same 6 months every year then it'll be 6 months in any 12-month period, no matter where you start counting. It's a bit more complicated in Vanessa's case. It says in this link (among others) that US border control and the IRS calculate the days differently. But at least there's a handy online counter. I think Vanessa's been outside the US at least 5 months since filming started and that's only a couple of months away, so I don't think she'll have any issues for a while still. The 4-5 month gap between filming in the US and moving to LA is helpful until it starts being outside the 12-month period.
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Post by mistygracie74 Thu Jul 06, 2017 8:59 pm

Hi! Please like to ask for link to Nick's video? Thanks! Smiley
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Post by Jane781 Thu Jul 06, 2017 9:08 pm

@MonicaJM2001 I couldn't tell from the picture (sorry I don't know how to post it), but someone from LA (@L_ActiveLife) tweeted last night that they saw him in the airport yesterday, so I assume he's in Cali

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Post by Zaynab Thu Jul 06, 2017 11:48 pm

https://soundcloud.com/channel33/bachelorette-party-with-nick-viall-ep-236 recent episode

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Post by Mochaginj Fri Jul 07, 2017 12:44 am

I loved the podcast. Great listening

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