KarenJ2
Expert Alumni

Get your taxes done using TurboTax

If you do not have any US source income and you are a US nonresident, you do not need to file a 2019 US tax return.  If you have a US filing requirement for 2020, you will need to apply for an ITIN on your 2020 US tax return.

 

Please note, if you are a US resident for 2020, US residents must declare their worldwide income on their US tax return.

 

Canada and the US have different requirements to determine residency.  You can be a resident of Canada under Canadian rules and a resident of the US under US tax rules.

 

You will be considered a United States resident for tax purposes in 2019 if you meet the substantial presence test for the calendar year or you are a green card holder. To meet the substantial presence test, you must be physically present in the United States (U.S.) on at least: 

  1. 31 days during the current year (2019), and 

  2. 183 days during the 3-year period that includes the current year and the 2 years immediately before that, counting:  

  • All the days you were present in the current year (2019), and 

  • 1/3 of the days you were present in the first year (2018) before the current year, and 

  • 1/6 of the days you were present in the second year(2017) before the current year

 

The calculation is only an example. 

2019   70 US days      = 70 

2018    9 US days *1/3 =  3 

2017   30 US days * 1/6 = 5  

  

70 + 3 + 5 = 78 days.  78 days is less than 183 days so you are a nonresident. 

 

Please see Publication 519 US Tax Guide for Aliens for more information.

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