On the run

Legal Taxes
1

Do the days you overstay a working visa count towards the 183 days required for residency status when filing taxes?

2

This was my reply the other place you asked:

The tax law only counts physical presence for whether or not the 183 requirement has been achieved. In your case it may be easier and safer to hop over to Hong Kong for a day and come back on a landing visa to complete the 13 days you need.

3

Thanks for your advice.

I understand the option of leaving and returning, but it would be easier and cheaper to overstay here for 13 days if those overstay days counted towards the 183 days required for resident tax status.

I have looke everywhere about this issue without any success.

Any ideas where to look for answers to the question below?

Do the days someone overstays their visa count towards the 183 days required for tax residency status?

4

Overstays are not advisable. A 13 day overstay is not a trivial overstay. You also will pay a penalty for your overstay. The record of the overstay is permanent and will be used against you in the future for any or no reason at all.

5

[quote=“scott14”]Thanks for your advice.

I understand the option of leaving and returning, but it would be easier and cheaper to overstay here for 13 days if those overstay days counted towards the 183 days required for resident tax status.

I have looke everywhere about this issue without any success.

Any ideas where to look for answers to the question below?

Do the days someone overstays their visa count towards the 183 days required for tax residency status?[/quote]

Scott14, like MLM i lso cannot recommend overstaying as it could lead to your being refused entry upon return, thus making the number of days gained superfluous. However, that said, yes they would count as the tax office looks at the dates in and dates out, not whether you overstayed or not. But, i am not aware of anyone that has tested this in person.

6

Thanks all!

It’s crystal clear!