Washington, D.C. — U.S. Senators Marco Rubio (R-FL) and Rick Scott (R-FL) reintroduced the Canadian Snowbirds Visa Act, legislation that would allow some Canadian citizens to spend up to eight months a year vacationing in the United States, two months longer than they are allowed to stay now. Rubio and Scott first introduced this legislation in September 2019.
If passed into law, the bill would allow Canadian citizens over the age of 50 who either own or rent a residence in the U.S. to remain in the country for up to 240 days each year. The bill expressly prohibits such visitors from working for American employers or seeking public assistance while in the U.S.
Under current law, Canadians are permitted to remain in the United States for up to six months each year. Canadian citizens who stay in the United States for more than six months in a given year are considered U.S. residents for tax purposes, and under current law, are required to pay U.S. federal income taxes on any and all income they earn that year – regardless of what country it’s earned in.
ELIGIBIITY
To be eligible for this extension, snowbirds will need to meet the following restrictions:
Canadian citizenship;
50 years of age or older;
Maintain a residence in Canada;
Own a residence in the U.S. or have a rental agreement for the duration of stay;
Will not engage in employment in the United States;
Will not seek government assistance or benefits.
The House and Senate bill also contains a tax provision, which will help guard snowbirds from negative tax implications in the U.S. Snowbirds would continue to be declared non-residents of the U.S. for tax purposes.