Amy came to the US under F1 Visa in September 15 2017. She returned to England...
Amy came to the US under F1 Visa in September 15 2017.
She returned to England on March 15 2018. On may 2 2018 Amy entered
the US under an H1. what is her starting day resident status under
the substantial presence test?
a. January 1 2018
b. may 2 2018
c September 15 2017
d January 1 2019
Homework Answers
Date of entry into United States = September 15, 2017
Student F1 Visa
Exempt individual for 5 calendar years but she returned to England on March 15 2018.
On may 2 2018 Amy entered the US under an H1.
The Substantial Presence test is a test for non-citizens and not permanent residents coming to US to determine whether they are classified as residents or non resident for tax purpose, it is a physical test.
- The individuals must have been physically present for atleast 31 days in the year the return is filed and
- Total number of days in the (tax year plus 1/3rd of the number of days in year before tax year plus 1/6th of the number of days in the 2 years before tax year) should be atleast 183.
Her starting day resident status under the substantial presence test will be may 2 2018 as she returned to England on March 15 2018 and on may 2 2018 Amy entered the US under an H1.
Answer is b. may 2 2018.
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