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Substantial Presence Test

Important:  Please note that this article is intended for informational purposes only and does not constitute tax advice!

 

The Substantial Presence Test is used to determine your residency status for tax purposes. Sprintax applies this test to assess whether you qualify as a resident or non-resident for tax purposes. It is essential that you accurately answer all the questions and provide details of all your visits to the U.S. under Step 1: Residency - Residency Status so that Sprintax can correctly determine your residency for tax purposes.

You will be considered a United States resident for tax purposes if you meet the Substantial Presence Test for the calendar year. To qualify, you must be physically present in the U.S. for at least:

  • 31 days during the current year, and
  • 183 days during the 3-year period, which includes the current year and the two years immediately preceding it. The 183 days are calculated by counting:
    • All the days you were present in the current year,
    • 1/3 of the days you were present in the first year before the current year, and
    • 1/6 of the days you were present in the second year before the current year.

If you are on an F, J, M, or Q visa, you may be exempt from the Substantial Presence Test under certain conditions:

  • F-1, J-1 (student), and M visas are exempt from the Substantial Presence Test for five calendar years over a lifetime.
  • Holders of other J visas and the Q visa are exempt for two years out of every six proceeding years.

Info: Please note that on Sprintax, you must report all your U.S. entry and exit dates. Previous visits on exempt visas may affect your current residency status.

Important: Sprintax automatically determines whether you are a resident or non-resident for federal tax purposes based on the information you provide in Step 1. If you are classified as a non-resident, you can successfully proceed to Step 2 in Sprintax. However, if you meet the Substantial Presence Test and are considered a resident for tax purposes, you will be redirected to our partner, TurboTax, for resident tax filing.

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