SUBSTANTIAL PRESENCE TEST:

Full Detail Information from the IRS's site is here, however, our synopsis is below.
  • Excel icon  Substantial Presence Test Determination
  • If you are a greencard holder or a US Citizen, you are a US "tax" resident according to IRS Publication 519, and thus are responsible to report your worldwide income (including foreign earned interest income, capital gains, foreign wages), etc. whether or not you withdrew the money. If however, you are an H1B, H4, L1, L2, you might still be a US "tax" resident for the purposes of the IRS Code if you meet or beat the Substantial Presence Test (183 days present in the USA according to this formula:

    • 31 days minimum presence in tax year for which you are filing taxes;
    • then add days present in USA in tax year for which you are filing taxes to 1/3rd of the days in the year prior, then 1/6th of the days present in USA two years prior.

    Do not count the departure and arrival days in USA as days present in the USA. Use this spreadsheet to help you figure out if you are a US "tax" resident



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    1. 54 cents per mile for business miles driven (down from 57.5 cents in 2015);
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    Worldwide Income Reporting and Foreign Accounts

    Most people filing US tax returns know if they are a US Citizen or a Greencard holder, but most do not know if they are a US "tax" resident. You may read the April 2011 E-newsletter we put out which explains the classifications mentioned above or call our office to request an appointment with a qualified tax advisor to discuss your case. Our December 2015 E-newsletter is out as well.