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a canadian citizen travels to U.S. as a pro hockey playerhis first visit was 201

ID: 2330090 • Letter: A

Question

a canadian citizen travels to U.S. as a pro hockey playerhis first visit was 2015 he usually lasts between 1 or 2 weeks . Ih he was present in USA 100 days in 2017 270 days in 2016 and 36 days in 2015 what is heis resident status for 2017? he does not satisfy the the substanial presence test because he was not present in the USA for 183 days in 2017 A. he doesnt satisfy because he was not present 183 days in 2015 B. he met the substanial presence test in 2016 C. he satisfies the substanial presence test and is considered a Us Ctizen in what year D. He does not satisfy the substanial presence test because he was not present 183 consecutive days between 2015 and 2017

Explanation / Answer

To meet the substantial presence test, an individual should be present in US for:

1. 31 days during the current year and

2. 183 days during the three years period including the current year and two previous years.

183 days during the three years period should be counted as:

(i) All the days an individual is present in US during the current year and

(ii) 1/3 of the days an individual is present in US during the first preceding year and

(iii) 1/6 of the days an individual is present in US during the second preceding year.

In this case, a canadian citizen is present in US for

1. 100 days in current year,

2. 196 days during the period of three years including current year, calculated as follow:

Current year 100 days

First preceding year (270 x 1/3) 90 days

Second preceding year (36 x 1/6) 6 days

Total 196 days

Thus, he satisfy substaintial presence test

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