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    Shailesh_buzz's Avatar
    Shailesh_buzz Posts: 4, Reputation: 1
    New Member
    		  
    #1

    Dec 2, 2013, 02:47 PM
    What is 183 days rule?
    Hi,
    I am in US from Jun ending. I am confused on resident and non-resident taxation. I heard from someone that if you are staying in US for less than 183 days then you will get all your tax refund. Is this true?
    From other site, I have also read that you are considered as non-resident alien even if you stay more than 183 days and hold near connection to your home/ foreign country like paying taxes, holding property etc.

    I am basically planning to go back to india, this dec. end. Just for 1-2 days I'll be staying here for more than 183 days. If 183 days rule is true then I'll plan to leave accordingly.

    Your help is appreciated.

    Thanks
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #2

    Dec 2, 2013, 03:37 PM
    If your income is U.S.-sourced, the 183-day rule does NOT matter; you still owe taxes on whatever you earn in the U.S.

    The 183-day Substantial Presence Test only matters if your income is based from India.
    Shailesh_buzz's Avatar
    Shailesh_buzz Posts: 4, Reputation: 1
    New Member
    		  
    #3

    Dec 2, 2013, 03:44 PM
    Thanks for quick response. It is really helpful.
    Sorry I forgot to mention that I am on H1 Visa. So I think it is considered as U.S sourced income only.
    That means it doesn't matters when I leave US in terms of taxation.

    Let me know if this assumption is right.

    Regards,
    Shailesh
    Shailesh_buzz's Avatar
    Shailesh_buzz Posts: 4, Reputation: 1
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    #4

    Dec 2, 2013, 04:39 PM
    I found another link where you have answered the same question.

    https://www.askmehelpdesk.com/taxes/...sa-704844.html

    I think I am clear on most of things now.
    So from your answer it seems that I can claim for rebate on my daily living expense.
    But does that need 183 days barrier too? or I'll be still able to get that if I stay few days longer and treated as non-residential alien?
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #5

    Dec 2, 2013, 06:31 PM
    If your work tour in the U.S. is less one year, you can deduct as an itemized deduction your daily living costs (rent, local transportation, utilities, food, miscellaneous costs) on your non-resident alien return.

    If you need professional help with this return, email me at the address in my profile.
    Shailesh_buzz's Avatar
    Shailesh_buzz Posts: 4, Reputation: 1
    New Member
    		  
    #6

    Dec 3, 2013, 05:00 PM
    Thanks for your help. It is really helpful. I'll contact you through mail.

    Thanks.
    AtlantaTaxExpert's Avatar
    AtlantaTaxExpert Posts: 21,836, Reputation: 846
    Senior Tax Expert
    		  
    #7

    Dec 4, 2013, 04:34 PM
    Glad to help!
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