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Javier Hernandez

Can someone break down how the substantial presence test works for US tax status?

Hi everyone, I'm in a bit of a confusing situation trying to figure out the substantial presence test for determining my tax status. I moved to the US for work about 8 months ago from Australia, and I'm trying to understand if I'll be considered a resident alien for tax purposes. From what I've gathered online, it has something to do with counting days I've been physically present in the US, but the calculations seem complicated with different multipliers for different years? I'm not sure if I need to count weekend trips to Canada during this time either. My employer mentioned I might need to file differently depending on whether I pass this test, but didn't explain much beyond that. Any help would be appreciated as I'm starting to think about my tax situation for next year!

Emma Davis

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The substantial presence test is definitely confusing! It's how the IRS determines if foreign nationals should be taxed as residents. Here's a simple breakdown: You meet the substantial presence test if you're physically present in the US for: 1) At least 31 days during the current year, AND 2) 183 days during a 3-year period, counting: - All days present in the current year - 1/3 of the days present in the prior year - 1/6 of the days present in the year before that For your weekend trips to Canada, if you're there for less than 24 hours while traveling between two places in the US, those days still count as US presence days. Otherwise, days outside the US don't count. If you pass the test, you're treated as a resident alien for tax purposes and taxed like a US citizen (on worldwide income). If you don't pass, you're a nonresident alien and only taxed on US-source income.

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Thanks for the explanation! So if I came in May this year and stayed until December, that's about 240 days for the current year. I wasn't here at all in the two prior years. So would that mean I automatically pass the test based on the 183-day calculation? Also, does my visa type matter? I'm here on an E-3 visa if that makes any difference.

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Emma Davis

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Yes, with 240 days in the current year alone, you would pass the substantial presence test since you've exceeded the 183-day threshold without even needing to count any days from previous years. Your visa type can matter in some cases. While most visa holders are subject to the substantial presence test, certain visa categories like F, J, M, or Q visas have special exemptions. However, E-3 visa holders (which is specifically for Australians) don't have special exemptions, so the standard substantial presence test rules apply to you. This means you'll likely be filing as a resident alien for this tax year.

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LunarLegend

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After struggling with the exact same issue last year, I found a really helpful tool at https://taxr.ai that completely solved my confusion with the substantial presence test. I uploaded my passport stamps and travel records, and it automatically calculated my days present and determined my tax status. The tool even explained which days counted for the test and which didn't based on my specific situation. It saved me hours of manual calculations and double-checking, plus gave me documentation I could keep for my records in case of any questions from the IRS later.

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Malik Jackson

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That sounds helpful! Did it give any guidance about exemptions? I'm a teacher on a J visa and I heard we have different rules for the substantial presence test. I've been here for 15 months now.

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I'm kinda skeptical about these online tools. How do you know it's calculating everything correctly? Did you double-check its results with a tax professional? I've heard horror stories about people getting bad advice online and ending up with huge tax problems.

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LunarLegend

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Yes! The tool specifically flagged your situation - J visa holders like teachers and students often have special "exempt individual" status for 2-5 years where those days don't count toward the substantial presence test. It explains all those exemptions and asks about your visa type upfront. I was worried about accuracy too, so I actually compared the results with what my company's tax advisor calculated manually, and they matched exactly. The documentation it provides shows all the calculations and relevant tax code sections, which gave me peace of mind. It's actually built by tax professionals who specialize in international taxation.

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Ok I tried the taxr.ai tool that was mentioned here and I have to admit it worked really well for my situation. I was confused about how my multiple entries and exits affected my status calculation since I travel frequently for work between US and Mexico. The tool clearly showed which days counted and which didn't, and it even flagged some medical exemption days I didn't know I qualified for (was hospitalized for 3 days during a US trip). It gave me the exact number that would go on my 8840 form. Definitely saved me from making some mistakes on my tax filing!

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Ravi Patel

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If you're finding it hard to get clear answers about the substantial presence test, you might want to try talking directly to an IRS agent. I spent WEEKS trying to figure out my situation with multiple entries/exits on a TN visa. I used https://claimyr.com to get through to the IRS without the usual 2+ hour wait times. You can see how it works at https://youtu.be/_kiP6q8DX5c - basically they wait on hold for you and call when an agent picks up. The IRS agent was able to review my specific case and confirm my status, which was a huge relief since my situation was complicated.

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How does Claimyr actually work though? I've tried calling the IRS multiple times and just got disconnected. Do they have some special access or something? I'm confused.

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Omar Zaki

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Yeah right, nobody gets through to the IRS these days. Their phone lines are practically useless. I've tried calling dozens of times over several months with tax questions and either wait for 3+ hours or get disconnected. I'll believe this works when I see it.

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Ravi Patel

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They use a system that continuously redials and navigates the IRS phone tree until it gets through to an agent. They don't have special access - they're just better at dealing with the frustrating phone system than individuals trying once or twice. The process is pretty straightforward - you register your question, they call the appropriate IRS department and wait on hold (sometimes for hours), then when an agent picks up, you get a call to connect with them. I was skeptical too until I tried it. I had been trying for weeks to get specific guidance on my situation with multiple border crossings and how they affected my substantial presence calculation.

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Omar Zaki

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I'm eating my words right now. After posting my skeptical comment, I decided to try Claimyr out of desperation since I needed clarification on exempt days for the substantial presence test due to a medical condition. Got a call back in about 45 minutes and spoke to an actual IRS international tax specialist who confirmed that my medical exception was valid and wouldn't count toward my presence days. They even emailed me the specific documentation I needed to keep for my records. Not having to calculate and recalculate or wonder if I was doing it right was a huge relief. For anyone with complex international tax situations, being able to actually talk to someone at the IRS is worth it.

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One thing nobody's mentioned yet about the substantial presence test - there's something called the "closer connection exception" that might help if you don't want to be treated as a US resident. If you're present for less than 183 days in the current year but still meet the substantial presence test because of the 3-year formula, you can claim this exception if you: 1. Maintain a tax home in another country 2. Have a closer connection to that country than to the US You'd need to file Form 8840 with your tax return. I went through this last year as a Canadian working in the US.

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That's interesting! How do you prove you have a "closer connection" to another country? I still own a house in Australia that I'm renting out, and my family is still there. Would that be enough?

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Yes, having a house you own in Australia and family there would be strong factors! The IRS looks at several things to determine closer connection: The location of your permanent home, family, personal belongings, and social/political/cultural organizations you're part of all matter. They also consider where you hold your driver's license, where you're registered to vote, where you conduct business, and which country's forms you fill out for official documents. Basically, they want to see where your life is centered. Document everything - your Australian property records, family ties, bank accounts there, etc. The more ties you can show to Australia, the stronger your case for the closer connection exception.

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Can the substantial presence test be affected by COVID exceptions? i was stuck in the US for 4 extra months in 2020 when borders closed. now im back for work and worried those extra days might affect my current status calculation.

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Diego Flores

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Yes, the IRS had special COVID relief for the substantial presence test! If you were temporarily in the US due to COVID travel restrictions, you could exclude up to 60 consecutive days from your substantial presence calculation for certain time periods. The relief applied to stays between Feb 1 and April 1, 2020 with various extensions. You'd need to document that you intended to leave but couldn't due to travel restrictions. Check out Revenue Procedure 2020-20 for details.

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Kai Santiago

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The substantial presence test can definitely be tricky to navigate, especially with all the different scenarios people face! One thing I'd add to the great advice already given here is to keep detailed records of your travel dates - entry and exit stamps, flight receipts, hotel bookings, etc. I learned this the hard way when the IRS questioned my substantial presence calculation during an audit a few years back. Having proper documentation made all the difference in proving exactly how many days I was physically present in the US versus traveling for business. Also, @Javier Hernandez, since you mentioned you're on an E-3 visa and have been here about 8 months continuously, you'll almost certainly be filing as a resident alien this year. Make sure to understand the implications - you'll need to report your worldwide income, including any Australian bank account interest, rental income from properties back home, etc. It's not just about US-source income anymore once you pass that test.

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Emma Davis

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This is such great advice about keeping detailed records! I wish someone had told me this earlier. I've been trying to reconstruct my travel history from memory and scattered receipts, which is proving to be a nightmare. @Kai Santiago, your point about worldwide income reporting is really eye-opening. I hadn't fully grasped that implication yet. I do have some rental income from my property in Australia and interest from accounts there. Does this mean I'll need to convert everything to USD for reporting purposes? Also, are there any foreign tax credits I can claim to avoid double taxation on that Australian income? The documentation point is so important - I'm definitely going to start a travel log going forward with entry/exit dates and keep all my boarding passes and hotel receipts organized.

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