Closer Connection Form 8840
Posted date : May 14, 2019.
My wife and I filed a Closer Connection Form 8840 this year (2018) relative to our seasonal stay in Florida.
Having done so, does this extend the length of time for which we are entitled to stay in the U.S. this calendar year and, if so, by how many days?
Thanks for your help.
Maxine and Mel Wasserman
Toronto, Ontario
Response :
Absolutely not! There are two very different issues which snowbirds must be concerned with in dealing with the U.S. government. The Form 8840 is for the tax department (IRS) and you are wise to file it every year. Your length of stay is of concern to the Department of Homeland Security (formerly the INS) and the maximum stay is six months in any 12-month period, unless special circumstances are filed and approved by the Department of Homeland Security. They rarely approve extensions.
Please note that the Form 8840 is based on a calendar year, like your taxes. BUT the length of stay is based on ANY 12-month period.