IRS Compliance & PenaltiesAnswered

What is the Substantial Presence Test under IRC 7701(b) and could I accidentally become a U.S. tax resident?

PC
priya_ca_a159new member
December 18, 2021 2,356 views 1 answer
IRC 7701(b)substantial presence testresident aliendays in U.S.tax residencyCanadian LLC owner

I'm a Canadian citizen who owns a Delaware LLC for my e-commerce business. I travel to the U.S. about 100 days per year for trade shows and meetings. My accountant warned me about something called the 'Substantial Presence Test' under IRC 7701(b) and said if I spend too many days in the U.S. I could become a tax resident and owe taxes on my worldwide income. How does this test work exactly? Is there a safe number of days I can be in the U.S.? And what happens if I accidentally cross the threshold?

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