Yes, to calculate the Substantial Presence Test for 2022 you have to use 2022 as the current year.
To meet this test for 2022, you must be physically present in the United States (U.S.) on at least:
- 31 days during the current year (2022), and
- 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 (2022), and
- 1/3 of the days you were present in the first year before the current year (2021), and
- 1/6 of the days you were present in the second year before the current year (2020). (IRS)
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