H-1B Compass
← All terms

Glossary · Departure & re-entry

Substantial Presence Test (SPT)

IRS Pub 519 test that determines whether you're a US tax resident or non-resident alien for the year.

You meet the SPT (and are taxed as a resident) if you've been physically present in the US for ≥31 days in the current year AND ≥183 days using the SPT formula (current year + 1/3 prior year + 1/6 year-before-that). If you depart partway through the year, you may be 'dual-status' for tax purposes — different brackets, different deductions. CRITICAL: get a CPA familiar with NRA rules to model both scenarios before you depart.

Related terms

Need the personalized version?

The grace-period calculator and severance optimizer apply these rules to your specific facts. Free.

This is an information-only tool, not legal advice. You are responsible for your decisions. When in doubt, consult an immigration attorney.