BirdTalk Dear Bird Talk, We are flying fromB.C. to San Diego and travelling the same day toMexico by car. Does the day on which we are in transit count towards our allowed annual days in the U.S.? We are currently in AZ (new snowbirds this year!) and have been since the end of September. We are flying back to B.C. for Christmas on Dec 14. We would prefer not to stay north for 30 days, and so are thinking that if the day in transit is not counted, we could spend part of the 30 days in Mexico. I think I read somewhere that same day in transit does not count, but cannot find any information to confirm that!Thanks for any advice available. Judy Gage Victoria, BC Ed.: A day spent travelling through the United States from Canada to Mexico would be considered a day in transit and would not be counted as a day spent in the United States. However, since you have established yourself as a winter resident in Arizona, your “short” trip out of the United States for the holidays may not be recognized by a Department of Homeland Security Agent, and they have full discretion, so err on the side of caution. Go to the I94 website and see for yourself. Every time you enter or depart the United States is recorded and, if the wrong agent thinks that you are being “tricky,” you may find yourself with limitations going forward. Dear Bird Talk, I go to the U.S. for six months each year and fill out all of the required forms, i.e. 8840. My question is if during those six months in the U.S. I decide to go on a vacation for a week or two to, say, Dominican or Europe, do they take that time into account, whichmeans that I can stay for an extra week or two in the U.S. so that my total days would still equal 182? Dianne Mackay Tottenham, ON Ed.: Since your temporary or “winter” home is in the United States, your short visits to other countries should not be subtracted from your days spent in the United States for Customs and Immigration procedures. The IRS 8840 form is calculated using actual days spent in the United States so, with that calculation, the days spent in other countries should not be included in your calculation. Dear Bird Talk, We are planning a cruise departing from San Diego and sailing for five days at sea and then sailing around the Hawaiian Islands for another six days before departing for foreign ports. Would the U.S. Department of Homeland Security calculate the days at sea as being “in the U.S.”? Bastiaan Dehaas Vernon, BC Ed.: Each Homeland Border Security agent has complete discretion for determining the amount of time you are permitted to enter the United States. Each day spent entering the United States to embark on a cruise ship, visiting U.S. ports, such as Hawaii and disembarking in the United States should be counted as days spent in the United States, including days at sea. Dear Bird Talk, I read your comments on filing IRS 8840. If one files the form every year, you stated that one can stay in the U.S. for a maximumof 182 days. Does this mean actual days or equivalent days? I have submitted the 8840 form in the past, but the IRS has never acknowledged receipt of it. Is that normal? Patrick Keck Calgary, AB Ed.: When completing the IRS 8840 form, the days spent in the United States are calculated by counting the actual days spent in the United States between January 1 and December 31 of each year. The IRS does not confirm receipt of the 8840 form. We suggest making a copy of your completed form and, if you want evidence of delivery, send it by registered mail, although we do not think that is necessary. Dear Bird Talk, Hi, I have to fill in Form 8840 for last year. Since I was hiking the Pacific Crest Trail for five months, I never really had an address in the U.S. (except for a couple of nights in a hotel). What should I put into the “Address in the United States” at the top of the page? Peter H. Vancouver, BC Ed.: It is recommended that you enter the name and address of the hotel and include a note stating that you were hiking/camping on the Pacific Crest Trail. Dear Bird Talk, I bought a car in Florida to leave there and purchased auto insurance with Geico. Now, Geico is telling me that they will not renew my policy unless I get a U.S. licence. Are there U.S. insurance companies that do not require a U.S. licence? Robert DuFresne Metcalfe, ON Ed.:We have found State Farm Insurance agents to be helpful. You will be asked to provide a Motor Vehicle Record and an Experience Letter from your Canadian Automobile Insurer. State Farm typically will recognize your Canadian Driver’s Licence and driving experience. Dear Bird Talk, We have purchased a property in Fort Pierce; we want to put our son who is 50 years old on the deed immediately. Our thinking is that upon our demise, he will already be an owner therefore eliminating the inheritance processes and associated costs. What are the advantages and disadvantages to such an approach? Pierre Larocque Hawkesbury, ON Ed.: Advantages are that the property will pass to your son without the necessity of probate in Florida, and no capital gains tax will arise at that time. The disadvantages are that you will not have complete control of the property in that anything you wish to do will need the signature of your son. If the son is put on the initial deed, gift tax is probably not an issue, whereas adding the son after purchase may incur gift tax. In the U.S., one can gift up to $16,000.00 without tax – in Canada, there is no limit. 8 | www.snowbirds.org
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