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Do I need Form 8840?

Checked for the 2026 tax year · Updated October 2026

Short answer

Probably, if you spend more than about 4 months a year in the US. You need it if you were in the US at least 31 days this year and your IRS day count reaches 183, while staying under 183 days in the year itself.

The short answer

You likely need Form 8840 if both of these are true:

Snowbirds who spend more than about 4 months a year down south, every year, often cross that line without realizing it.

The IRS formula

The IRS calls this the substantial presence test. Add up:

Any part of a day counts as a full day, including the days you arrive and leave.

Example: Margaret spends 150 days in Arizona every winter
2026 · 150 days150
2025 · 150 days ÷ 350
2024 · 150 days ÷ 625
IRS day count225 days: over 183

Margaret was in the US fewer than 183 days in 2026 itself, but her count is over 183. She should file Form 8840 for 2026.

Example: Bob spends 120 days in Florida every winter
2026 · 120 days120
2025 · 120 days ÷ 340
2024 · 120 days ÷ 620
IRS day count180 days: under 183

Bob is under the limit, so he doesn't need to file for 2026. If he stays a few more days next winter, that could change.

What Form 8840 does

If your count reaches 183, the IRS can treat you as a US resident for tax purposes. Form 8840, the Closer Connection Exception Statement for Aliens, tells the IRS that your real home is in Canada. Filing it on time protects you from being taxed as a US resident.

You can use it if, for the year:

When it's not the right form

When is it due?

If you aren't filing a US tax return, mail Form 8840 to the IRS by June 15 of the following year. For 2026, that's June 15, 2027. See where to mail Form 8840 from Canada.

What if I missed a year?

File as soon as you can. The IRS can refuse the exception for a late form unless you show you didn't know you had to file and took reasonable steps once you found out. If you've missed several years, speak with a cross-border tax professional.

Filing as a couple

Each person needs their own form. See Form 8840 for couples.

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Onward is an independent Canadian service, not the IRS. This page explains the rules in plain terms; it isn't tax or legal advice. If your situation is unusual, speak with a cross-border tax professional.