Substantial Presence Test - How to Calculate

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Substantial Presence Test

Substantial Presence Test: Unless a U.S. Person is a Citizen or Legal Permanent Resident of the United States, chances are they do not have a tax return or foreign account and asset reporting requirement in the U.S. But the IRS has a trick up it's sleeve.

If a foreign national is neither a Citizen no Green Card Holder, but still meets the Substantial Presence Test, they may still have to report their foreign accounts, assets, investments and income. This comes as a shock and surprise to many foreign nationals, who then realize they may be out of compliance for U.S. Tax and Offshore Reporting. And, with the IRS taking a very aggressive approach on matters involving unreported foreign income and foreign accounts compliance -- it can be very scary.

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