11/26/2025

How Long Can Canadians Stay in Florida: Visa and Tax Rules

Canadians can stay in Florida for up to 6 months (182 days) per visit under B-2 tourist status without requiring a visa, thanks to the Visa Waiver Program. However, the tax implications are more complex: spending 183 days or more in the US during a calendar year can trigger US tax residency under the substantial presence test, requiring you to file US tax returns and potentially pay US income taxes on worldwide income. The key is tracking your days carefully and understanding both immigration limits and tax thresholds.

For Canadian snowbirds considering buying property in Miami, understanding these rules is essential for planning your stay and managing tax obligations. The intersection of visa rules, tax residency tests, and property ownership creates a complex landscape that requires careful navigation.

This guide breaks down exactly how long you can legally stay, what triggers tax residency, how to track your days, and strategies to maximize your Florida time while avoiding tax complications.

The 6-Month Tourist Rule

Basic Entry Rights for Canadians:

Canadian citizens enjoy privileged access to the United States under the Visa Waiver Program:

No advance visa required
Entry granted at the border
Automatic B-2 tourist status
Maximum stay: 6 months per entry
Multiple entries allowed per year

How It Works:

When you arrive at a US port of entry (airport, land border, etc.), a US Customs and Border Protection (CBP) officer will:

Review your passport
Ask about the purpose and length of your visit
Stamp your passport with an admission date
Grant you status until a specific date (typically 6 months)

Important: The officer has discretion to grant less than 6 months if they believe you don't intend to return to Canada or suspect you're living in the US rather than visiting.

What Counts as "6 Months":

The typical grant is 182 days from your entry date, not 6 calendar months. Your passport stamp or I-94 form (electronic entry record) shows your exact authorized stay period. Always check your I-94 online at cbp.gov/I94 after entry.

Key Limitations:

The 6-month rule has important nuances:

It's per entry, not per year
You can't simply leave and immediately re-enter for another 6 months
Extended periods in the US may trigger questioning about your intent
Officers may deny entry if they believe you're "living" in the US

Pattern of Abuse Concerns:

If you consistently stay close to 6 months, leave briefly, and return for another 6 months, CBP may determine you're no longer a legitimate tourist. This can result in:

Reduced admission periods (30-90 days instead of 6 months)
Denial of entry
Requirement to obtain a B-2 visa (more scrutiny)

Best Practice: Maintain a pattern that shows you're truly visiting, not residing. Spending 5-6 months in Florida and 6-7 months in Canada each year generally works, but spending 5.5 months, leaving for 2 weeks, and returning for another 5.5 months will raise red flags.

The 183-Day Substantial Presence Test

While you may be allowed to stay 6 months under immigration law, tax law operates differently. The substantial presence test determines US tax residency independently of your visa status.

The Formula:

You're considered a US tax resident if you meet the substantial presence test:

You're physically present in the US at least 31 days during the current year, AND
The sum of the following equals 183 days or more:
- All days present in the current year
- 1/3 of days present in the first preceding year
- 1/6 of days present in the second preceding year

Example Calculation:

Let's say you spent:

2025 (current year): 150 days in Florida
2024: 150 days in Florida
2023: 150 days in Florida

Substantial presence test:

2025 days: 150 × 1 = 150
2024 days: 150 × 1/3 = 50
2023 days: 150 × 1/6 = 25
Total: 225 days (exceeds 183, triggers US tax residency)

What Counts as a Day:

A day counts if you're physically present in the US for any part of that day, with limited exceptions:

Days commuting from Canada to US for work (if you regularly commute)
Days in transit (less than 24 hours)
Days you're unable to leave due to medical condition
Days present as crew member of foreign vessel
Days as exempt individual (certain students, teachers)

Travel days count. If you fly from Toronto to Miami on January 1, that's a US day even though you spent most of it traveling.

Consequences of US Tax Residency:

If you meet the substantial presence test:

Must file US tax return (Form 1040)
Taxed on worldwide income (not just US income)
Subject to US tax rates on Canadian income sources
Must report foreign bank accounts (FBAR if over $10,000)
Canada-US tax treaty provides relief from double taxation
May still owe US taxes even with foreign tax credits

This is a significant obligation many snowbirds don't anticipate.

The Closer Connection Exception

The Critical Escape Clause:

Even if you meet the substantial presence test, you can avoid US tax residency by claiming a closer connection to Canada. This requires:

You're present less than 183 days in the current year (strict limit)
You maintain a tax home in Canada
You have closer connections to Canada than the US

Requirements to Claim Closer Connection:

Tax Home in Canada:

Primary residence is in Canada
Canadian address for bills, bank accounts, driver's license
Canadian health insurance, vehicle registration
Family lives in Canada
Economic ties primarily in Canada

Closer Connection Factors:

Where your permanent home is located
Your family location
Your personal belongings location
Your social, political, cultural, professional organizations
Your business activities location
Your driver's license and vehicle registration
Where you vote
Where you hold professional licenses

Filing Requirement:

To claim closer connection, you must file:

Form 8840 (Closer Connection Exception Statement) with the IRS by June 15 following the year in question
Even though you're not filing a full US tax return

Critical 183-Day Current Year Limit:

You cannot claim closer connection if you're present 183 days or more in the current calendar year, regardless of your connections. At 183+ days in the current year, you're a US tax resident, period.

Example:

2025 days in US: 182 days (meets requirement) 2024 days in US: 180 days 2023 days in US: 180 days

Substantial presence test: 182 + (180/3) + (180/6) = 182 + 60 + 30 = 272 days

Even though you exceed 183 under the test, you can file Form 8840 claiming closer connection to avoid US tax residency because you stayed under 183 days in 2025 specifically.

Why This Matters:

Most Canadian snowbirds rely on the closer connection exception. This is why the "safe" guideline is to stay less than 183 days (about 6 months) in Florida each year. You remain under immigration limits AND can use the closer connection exception.

Tracking Your Days Accurately

Why Day-Counting Matters:

With two different systems (immigration's 6-month limit and tax's 183-day threshold), accurate tracking is essential. Mistakes can result in:

Overstays (immigration violations)
Unexpected tax residency
Denied entry on future trips
Back taxes and penalties

What to Track:

Entry and Exit Dates:

Exact date you enter the US
Exact date you leave the US
Keep boarding passes, gas receipts from border crossings
Screenshot your I-94 entry/exit records

Travel Days:

Count the day you arrive in the US
Count the day you leave the US
If you arrive and leave the same day, count it as one day
If you cross the border multiple times in a day, count it as one day

Multi-Year Tracking:

Keep records for current year plus previous 2 years
Track each entry and exit separately
Note any medical condition days or commuting days (potential exclusions)

Tools for Tracking:

Calendar Method:

Mark every US day on a calendar
Keep calendar each year
Simple but requires discipline

Spreadsheet:

Create columns: Entry Date, Exit Date, Days
Sum totals automatically
Calculate substantial presence test
Easy to update and review

Apps:

"Days Counter" or similar apps
Set reminders when approaching limits
Some apps calculate substantial presence automatically

I-94 Records:

Access your travel history at cbp.gov/I94
Shows entries and exits CBP has on record
May not capture all land border crossings
Not a substitute for your own records but useful for verification

Common Tracking Mistakes:

Not counting travel days: Your arrival day counts
Forgetting brief trips: Even a day trip to Florida counts
Relying on memory: Must have documentation
Not tracking previous years: Need 3 years for substantial presence test
Assuming equal distribution: Some months have more days than others

When to Be Extra Careful:

November-April transitions: If you arrive early November and stay through April, you may cross into two calendar years. Count carefully for both years' tax purposes.

Example:

Arrive: November 15, 2024
Depart: April 15, 2025
Total days: ~150 days
But spans two tax years: ~45 days in 2024, ~105 days in 2025
Must count appropriately for each year's substantial presence test

Building in Buffer:

Conservative Approach:

Plan for 175-180 days maximum
Leaves buffer for errors or unexpected delays
Weather, flight cancellations, medical issues can extend stays
Better to underestimate than accidentally exceed limits

Extensions and Overstays

Can You Extend Beyond 6 Months?

Extension of Stay:

You can apply to extend your B-2 tourist status beyond 6 months, but:

Must file Form I-539 with USCIS
$370 filing fee (as of 2024)
Must apply before your authorized stay expires
Processing takes 6-12+ months
No guarantee of approval
Continuing to live in the US rather than visiting often results in denial

When Extensions Make Sense:

Medical emergency preventing travel
Family emergency requiring your presence
Specific, temporary circumstance (not "I want to stay longer")

When Extensions Don't Make Sense:

You simply want more time in Florida
You're essentially living in the US
You plan to do this regularly

Most snowbirds should plan their stays within the standard 6-month period rather than seeking extensions.

Consequences of Overstaying:

Immigration Violations:

If you overstay your authorized period (the date on your I-94):

Less than 180 days: No automatic bar, but problems on future entries
180-364 days: 3-year bar from re-entering US
365+ days: 10-year bar from re-entering US
CBP may ask about overstays from years or decades ago

Even a few days of overstay creates a violation that appears in your record.

Future Entry Problems:

After any overstay:

Enhanced scrutiny at border
Officers may grant shorter stays (30 days instead of 6 months)
May require B-2 visa before re-entry (involving embassy interview)
Pattern of overstays can result in permanent entry bars

What If You Realize You're About to Overstay:

Leave immediately. An overstay of a few days is far better than weeks or months. Even if you must rebook flights at high cost, avoid overstaying if at all possible.

What If You Accidentally Overstayed:

Be honest at your next entry:

Officers will see the overstay in their system
Lying about it makes matters worse
Explain it was unintentional and provide documentation
Be prepared for reduced admission period or denial

Medical Emergencies:

If medical issues prevented departure:

Gather medical documentation
Hospital records, physician statements
May mitigate overstay, but doesn't automatically excuse it
File I-539 for extension if you're aware of the issue before your authorized stay expires

Health Insurance Requirements

Critical Issue for Canadians:

Canadian provincial health plans (OHIP, MSP, etc.) provide limited or no coverage in the United States. This creates significant financial risk.

What Canadian Plans Typically Cover:

Emergency services only (not routine care)
Very limited reimbursement amounts
Must be pre-authorized in many cases
May exclude pre-existing conditions
Often won't cover air ambulance back to Canada

Example: OHIP covers approximately $400 CAD per day for out-of-country hospital stays. US hospitals charge $5,000-$15,000+ per day. You're responsible for the difference.

Snowbird Travel Insurance:

Essential Coverage for Florida Stays:

Purchase private travel medical insurance:

Medical emergencies and hospitalization
Emergency transportation
Prescription drug coverage
Medical evacuation to Canada if necessary

Typical Costs:

Varies by age, health, length of stay
Range: $1,000-$5,000+ for 6-month coverage
Pre-existing condition coverage costs more
Shop multiple providers (compare quotes)

Key Policy Considerations:

Trip Duration Limits:

Some policies limit trips to 180 days
Matches the 6-month visa period
Confirm your specific dates are covered

Pre-Existing Conditions:

Stability period required (often 90-180 days before departure)
Condition must be controlled and unchanged
Exclusions may apply if condition worsens
Read policy carefully

Age Limits:

Some insurers cap coverage at age 85 or 90
Higher premiums for older travelers
May require medical questionnaire

Popular Snowbird Insurance Providers:

Manulife
Sun Life Financial
Blue Cross
Allianz Global Assistance
Travel Guard
TuGo

When to Purchase:

Before leaving Canada
Difficult or impossible to buy once in US
Compare multiple quotes annually
Consider multi-year policies for savings

Medicare Does Not Apply:

US Medicare does not cover Canadians in Florida. You must have private insurance.

Tax Filing Obligations

If You Remain a Canadian Resident for Tax Purposes:

Most snowbirds remain Canadian tax residents and don't meet US tax residency tests. Your obligations:

Canadian Tax Filing:

File Canadian tax return (T1) as always
Report worldwide income
Claim foreign tax credits for any US taxes paid
No change to your typical filing

US Tax Filing:

Generally none required if you don't meet substantial presence test
If you own US rental property, must file return reporting rental income
May need to file Form 8840 (Closer Connection) if you exceed substantial presence test but stay under 183 days in current year

If You Trigger US Tax Residency:

If you meet substantial presence test and can't claim closer connection:

US Tax Filing Requirements:

File Form 1040 (US individual income tax return)
Report worldwide income (including Canadian sources)
April 15 deadline (or June 15 if abroad, but taxes due April 15)
FBAR filing if foreign accounts exceed $10,000 USD
FATCA reporting on Form 8938 if foreign assets exceed thresholds

Canadian Tax Filing:

Still file in Canada as resident
Claim foreign tax credit for US taxes paid
Canada-US tax treaty prevents true double taxation
But complexity increases significantly

Getting Professional Help:

When to Hire a Cross-Border Tax Specialist:

You're close to the 183-day threshold
You've triggered US tax residency
You own US property generating rental income
You have significant investments in both countries
You're considering permanent move

Cross-border accountants familiar with the Canada-US tax treaty can:

Optimize your filing strategy
Ensure treaty benefits are claimed
Advise on day-counting strategies
Help with Forms 8840, 1040, etc.

Cost: Expect $500-$2,000+ for cross-border tax preparation, depending on complexity.

Special Considerations for Property Owners

If you're among the many Canadians who've purchased Miami real estate, additional considerations apply.

Property Ownership Doesn't Change Visa Rules:

Owning property does NOT:

Grant you longer than 6 months per visit
Exempt you from day-counting
Provide any special immigration status
Change substantial presence test calculations

Many Canadians mistakenly believe property ownership allows unlimited stays. It doesn't.

Property Ownership and Closer Connection:

Owning US property makes claiming closer connection more difficult, but not impossible. You must show your Canadian ties remain stronger than US ties despite property ownership.

Factors That Help:

Property is clearly investment/vacation property
You rent it out when not using it
Your primary residence remains in Canada
You don't change drivers license, voter registration, etc.
Time in US stays well under 183 days

Factors That Hurt:

You sell Canadian residence and buy Florida property
You change documents to US addresses
You spend close to 183 days in US
Pattern suggests permanent residence

Rental Income Tax Obligations:

If you rent your Florida property:

Must file US tax return (Form 1040NR) reporting:

Gross rental income
Deductible expenses (mortgage interest, property taxes, HOA, maintenance, etc.)
Net rental income/loss

Can elect to be taxed on net income:

File election to treat rental income as "effectively connected income"
Allows deductions
Without election, 30% withholding on gross rents

Canadian reporting:

Report US rental income on Canadian return
Claim foreign tax credit for US taxes paid
Net effect: Primary taxation by Canada with credit for US taxes

Work with accountant familiar with Canadian Florida property tax implications.

Strategies to Maximize Your Florida Time

The Conservative Safe Zone:

5.5-Month Strategy:

Arrive early November
Depart mid-April
Approximately 165-170 days
Comfortable buffer below 183 days
Allows for unexpected delays
Reduces scrutiny at border

This pattern works for decades for most snowbirds.

The Aggressive Maximum:

Just Under 183 Days:

Track precisely to stay at 180-182 days
Zero margin for error
Weather or flight delays could push you over
Must file Form 8840 annually
Riskier but maximizes Florida time

Only recommended if you:

Track meticulously
File Form 8840 properly
Have flexibility to leave early if needed
Accept increased scrutiny risk

Split-Year Strategies:

Two Shorter Trips:

3 months in winter (December-February)
2-3 months in late spring/early fall (April-May or October-November)
Total under 183 days
More travel but maximizes Florida weather

Canadian Summer, Florida Other Seasons:

June-August in Canada (peak summer)
September-November and February-April in Florida
Avoids hurricane season somewhat
Balances best weather both locations

Record-Keeping Discipline:

Regardless of strategy:

Document every entry and exit
Keep travel receipts and boarding passes
Maintain spreadsheet
Review totals monthly
Set reminders at 150, 170, 180 days
Plan departure with buffer for delays

Common Mistakes to Avoid

Mistake #1: "I Own Property, So I Can Stay Indefinitely"

Property ownership doesn't change visa rules. You still face the 6-month limit and 183-day tax threshold.

Mistake #2: "I Leave for a Week Every 6 Months, So I'm Fine"

CBP may determine you're residing in the US, not visiting. Pattern matters, not just following rules technically.

Mistake #3: "I Don't Need to Track Days Precisely"

Both visa and tax compliance require accurate day counts. Estimates aren't sufficient.

Mistake #4: "The 6-Month Rule Means 183 Days"

6 months is approximately 182 days, but your specific authorized stay is on your I-94. Also, the tax rule counts differently across multiple years.

Mistake #5: "I Can Just Overstay a Few Days, No Big Deal"

Even short overstays create violations that follow you for years and can result in multi-year entry bars.

Mistake #6: "Canadian Health Insurance Covers Me"

Provincial plans provide minimal US coverage. You need private travel medical insurance.

Mistake #7: "I Don't Need to File Anything If I'm Just Visiting"

If you exceed substantial presence test but stay under 183 days current year, you must file Form 8840 to claim closer connection.

Mistake #8: "Tax and Immigration Rules Are the Same"

They're completely separate systems with different counting methods and thresholds.

Getting Expert Guidance

When to Consult Professionals:

Immigration Attorney:

Repeated problems at border
Previous overstays
Denied entry
Considering longer stays or different visa types
Complex immigration history

Cross-Border Tax Accountant:

First time approaching 183 days
Own US rental property
Significant investments both countries
Triggered US tax residency
Complex income sources

Financial Planner:

Estate planning with US property
Investment allocation between countries
Currency exchange strategies
Retirement income planning

Insurance Broker:

First time as snowbird
Pre-existing medical conditions
Comparing travel insurance policies
Understanding coverage gaps

Start Planning Your Stay

Understanding Canadian visa and tax rules for Florida allows you to confidently plan your snowbird season while staying compliant with both immigration and tax laws.

Key Takeaways:

6 months (182 days) maximum per visit under tourist status
183 days in current year triggers US tax residency unless you claim closer connection
Track every single day meticulously
Purchase proper travel medical insurance
File Form 8840 if needed
Property ownership doesn't change the rules
Build in buffers for unexpected delays

For Canadians ready to enjoy their Florida property or explore Miami's best snowbird neighborhoods, careful planning ensures worry-free winters in the sunshine.

Contact Pink Miami for expert guidance on finding your perfect Florida property while understanding the legal and tax implications of your snowbird lifestyle. Our team specializes in helping Canadian buyers navigate Miami real estate with full awareness of visa and tax considerations.