Question

Guido is a citizen and resident of Belgium. He has a full-time job in Belgium and has lived there with his family for the past 10 years. In 2017, Guido came to the United States for the first time. The sole purpose of his trip was business. He intended to stay in the United States for only 180 days, but he ended up staying for 200 days because of unforeseen problems with his business. Guido came to the United States again on business in 2018 and stayed for 180 days. In 2019 he came back to the United States on business and stayed for 70 days. Under the substantial presence test defining a resident alien, how many days was Guido present in the U.S. in 2018

Answer 1

Answer:

Guido stayed in US in 2018 for 180 days which are greater than 31 days.

Guido Stayed in US in 2018 and in 2017 = (180 + 66) > 183 days.

So, yes Guido does meet US Statutory definition in 2018 and stayed 180 days in 2018.  

Step-by-step explanation:

Let's find out how many days in total Guido stayed in US in these 3 years 2017, 2018 and 2019.

Year = 2017

Days = 200

Year = 2018

Days = 180

Year = 2019

Days = 70

Total days stayed = 200 + 180 + 70

Total Days Stayed = 450 days.

In U.S, there are two tests are in place and for non-citizen of U.S and for the resident Alien or non - resident Alien status, one must pass one of these two tests, which are as follows:

1. Green Card Test:

2. Substantial Presence Test:

Here, in this problem, Guido is citizen and resident of Belgium. So, will check his criteria according to the substantial presence test.

So, the question is: how many days Guido was present in the U.S in 2018 under resident alien status.

In 2018, Guido stayed in US for 180 days.

So, according to the Substantial Presence test, one must be physically present in US for more than 31 days to be eligible for resident alien status. In addition, in 2018, his total of physical presence in US in 2018 and one third of physical presence in 2017 must be greater than 183 days.

If we see, both conditions are matched in case of Guido.

Guido stayed in US in 2018 for 180 days which are greater than 31 days.

Guido Stayed in US in 2018 and in 2017 = (180 + 66) > 183 days.

So, yes Guido does meet US Statutory definition in 2018 and stayed 180 days in 2018.