What snowbirds should know

Some interesting info and important considerations for Canadian Snowbirds at this Globe and Mail article.

1. How long can we stay?
Two factors are important to consider for this question.

  • Day count for border services purposes. Canadians can visit for up to six months or 182 days in any one 12 month period. NOTE: This is NOT a calendar year. So if you spent the month of May 2013 in the sunny south, when you returned the following November, you would only be able to stay for a further five months, through to the end of March 2014. If the Immigration Reform Bill currently before congress, this could be increased to 240 days.
  • Day count for US Income Tax purposes. If you want to maintain non-resident alien status and thus avoid having to pay income tax in the USA, there is a complicated formula that looks at your stay in the USA over a three year period. The short answer is stay less than four months in each calendar year and you will meet the Substantial Presence Test. If you  would like to stay longer, currently up to 182 days in the calendar year, file Form 8840, Closer Connection Exception Statement for Aliens with the IRS. A useful resource is the Canada Revenue Agency’s guide on Canadian Residents Going Down South ( www.cra-arc.gc.ca/E/pub/tg/p151/). See also http://desertsky4rent.com/index.php/important-caveats-for-canadian-snowbirds-in-the-usa/

2. What travel documents do I need for a long-term stay?
The Canadian Snowbird Association recommends carrying documents that indicate you can support yourself while there (e.g., Canadian tax return assessment notice, credit card statements, etc.). They go as far as to suggest you bring a Canadian house deed or lease agreement, property tax receipt and event the IRS form 8840 mentioned above.

3. How much medical cover do you need?
Your Canadian health care coverage won’t cover the higher costs of American healthcare. So it is important to purchase travel medical insurance before leaving home. Be aware that pre-existing conditions may not be covered. Be sure to read the fine print on your policy and complete the application carefully and correctly. Insurance companies have been known to look for ways to limit their liability if you get injured or sick in the US of A.

4. Is work permitted during an extended stay?
You are not allowed to work without an proper U.S. work permit. Note this include in kind services received from work you perform in the USA. If you own your own home and do NOT rent it out, you can do your own maintenance. However, if you rent out your vacation home, you will need to hire an American do do any work on your rental property. 

5. What about using, buying or leaving a vehicle in the USA?
Be sure to have enough liability insurance. Two million dollars is the minimum recommended. Five is even better. Some states will let Canadians buy and and leave a vehicle in the US. However, this may have an impact on your substantial presence test, noted above. There are limits on how long a Canadian vehicle can be left in the US. This article suggests a year is the maximum.