Question

Philippe was physically present in the United States for 110 days in 2019, 180 days in 2018, and 120 days in 2017. Under the substantial presence test formula, how many days is Philippe deemed physically present in the United States in 2019 for purposes of determining if he is a resident alien?

Answer 1

Answer: 190 days

Explanation: under the substantial presence test. The formula is as follows

All the days currently present in 2019 + (1/3) multiply by the days Philippe was present in 2018 + (1/6) multiply by the days Philippe was present in 2017

This gives

110+ (1/3) x 180 + (1/6) x 120

= 110 + 60 + 20 = 190 days.

Since 190 days is greater than 180 days stipulated by law, therefore Philippe is considered as alien .