Snowbirds: counting your days in the US

Canadian snowbirds watch three counts: the time US border officers allow a visitor — usually 6 months — the IRS substantial presence test, which about 122 days in the US every year meets, and your province’s limit on time away for health coverage.

Substantial presence test calculator

Count every day you were in the US for any part of it, leaving out the days that don’t count (below). Exempt individuals, such as students on an F or J visa, leave out those years’ days.

Staying in the US as a visitor

Canadian visitors can usually stay in the US for 6 months without a visa, and you declare how long you intend to stay when you enter. To stay longer, you apply to USCIS for an extension before your authorized stay ends. If a border officer suspects you spend more time in the US than in Canada, it’s up to you to show you’re a temporary visitor, not a US resident.

The substantial presence test

Days in the US can make you a US resident for tax, even as a visitor. You meet the IRS substantial presence test with at least 31 days this year and 183 weighted days over three years — all of this year’s days, a third of last year’s and a sixth of the year before’s. Any part of a day in the US counts.

For a snowbird, that’s about 122 days a year. Spend 122 days in the US every year and the total is 122 + 40.67 + 20.33 = 183 — the test is met. At 121 days a year it’s 181.5, just under.

Meeting the test while staying under 183 days in the year, you can still be treated as a nonresident through the closer connection exception: a tax home in Canada all year, a closer connection to Canada than to the US, no steps toward a green card — claimed on Form 8840, filed on time.

Your province’s health coverage

Each province limits how long you can be away and keep your health coverage:

Province What its government says
Ontario (OHIP) Away more than 7 months in any 12 months? You can keep OHIP for up to 2 years if Ontario is your primary home and you were in Ontario at least 153 days in each of the two 12-month periods before you leave.
British Columbia (MSP) Residents are physically present at least 6 months in a calendar year; for vacation, a total absence of up to 7 months in a calendar year is allowed.
Alberta (AHCIP) Contact AHCIP if you’re away more than 6 months in total in a year.

For another province, check its health insurance plan’s rules before you go.

How FlySee counts it

FlySee doesn’t have a snowbird tracker yet. Its Log records every day you’re in the US and in Canada — any part of a day is a day, as the substantial presence test counts it — and its export lists your days by country for each year. The calculator above is the IRS formula: it weighs the days you type in.

Snowbirds: questions and answers.

How long can a Canadian stay in the US as a visitor?

Usually 6 months without a visa; you declare how long you intend to stay when you enter. To stay longer, you apply for an extension with USCIS before your authorized stay ends.

Do snowbirds need to file Form 8840?

If you meet the substantial presence test but were in the US for fewer than 183 days in the year, kept your tax home in Canada and had a closer connection to it, Form 8840 is how you claim to be treated as a nonresident. If you don’t file it on time, you can’t claim the exception unless you show you took reasonable steps to learn about it.

How many days a year can I spend in the US before the substantial presence test applies?

With the same number of days every year, about 121: 121 + a third of 121 + a sixth of 121 is 181.5 — under 183. At 122 days a year the total reaches 183.

Does my provincial health plan cover a whole winter in the US?

Each province sets its own limit. Ontario lets you keep OHIP for up to 2 years away under conditions, British Columbia allows up to 7 months away in a calendar year for vacation, and Alberta asks you to contact AHCIP if you’re away more than 6 months in a year.

Sources

FlySee counts days; it doesn’t give tax advice. Whether you’re resident is for you and your adviser.

Track it in FlySee

Track days in every country and know the date you can stay until. Coming soon to iPhone.

  • Logs every day you’re in the US and in Canada, automatically — any part of a day is a day
  • Rebuilds past winters from your photos, so earlier years’ days are on record
  • Exports your days by country as PDF, Excel or CSV — for Form 8840 and your accountant
Coming soon to the App Store
  • Your photos never leave your iPhone
  • Works offline
  • No account