Parents Visiting From China: Do Their Days Count for U.S. Tax?

Your parents are planning a long stay with you, and a relative says visitor days do not count toward U.S. tax. Generally they do: B-2 visitors are not "exempt individuals" under the substantial presence test. Whether your parents become U.S. tax residents depends on a three-year day count, a possible closer connection to China, and any green card step already filed.

By COOP Tax & Accounting, LLP · Published:

Home / Resources / Parents Visiting From China: Do Their Days Count for U.S. Tax?
Short answerKey facts and figuresHow the substantial presence test counts daysIllustrative examplesThe closer connection exception (Form 8840)When the closer connection exception does not applyCalifornia is a separate questionPractical steps for 2026 visitsFAQs

Short answer

Days your parents spend in the United States on a B-2 visa generally count toward the substantial presence test. You may hear that visitor days do not count, but the IRS list of exempt individuals does not include visitors. Whether they actually become U.S. tax residents depends on the three-year count, whether they can claim a closer connection to China, and any green card steps already taken.

Key facts and figures

How the substantial presence test counts days

A foreign national meets the test for 2026 if present in the U.S. at least 31 days in 2026 and at least 183 days over 2024 through 2026, counting all 2026 days, 1/3 of 2025 days and 1/6 of 2024 days (IRS, verified Oct 15, 2026). Days that generally do not count include days in transit for less than 24 hours, days you cannot leave because of a medical condition that arose in the U.S., and days as an exempt individual (Pub. 519, verified Oct 15, 2026). The medical exclusion must be claimed on Form 8843 (Form 8843).

The exempt categories are foreign government-related individuals on A or G visas (with some exceptions), teachers or trainees on J or Q visas, students on F, J, M or Q visas, and professional athletes at charitable sports events (IRS, verified Oct 15, 2026). A B-2 visa is not one of them.

Illustrative examples

Scenario (illustrative numbers)2026 / 2025 / 2024 daysWeighted totalResult
A: regular long visits120 / 120 / 120120 + 40 + 20 = 180Below 183. Not a resident under the test.
B: longer stays150 / 150 / 120150 + 50 + 20 = 220Meets the test. Under 183 days in 2026, so Form 8840 may be available.
C: helping with a newborn200 / 90 / 60200 + 30 + 10 = 240Meets the test. 183 or more days in 2026, so the closer connection exception is not available.

The closer connection exception (Form 8840)

Someone who meets the test can still be treated as a nonresident if, for the year, they were present fewer than 183 days, kept a tax home in a foreign country for the entire year, and had a closer connection to that country than to the U.S. (IRS, verified Oct 15, 2026). Facts include the location of the permanent home, family, belongings, bank accounts, driver's license and voter registration.

When the closer connection exception does not apply

In Scenario C, a parent who is also a China tax resident may be a dual resident. Article 4(2) of the U.S.-China treaty has no tie-breaker tests: the competent authorities determine residence through consultations, and the treaty's Protocol says they are to be guided by the UN Model Convention's residence rules (Treaty and Protocol, verified Oct 15, 2026). The IRS says a dual-resident taxpayer claiming treaty benefits files Form 1040-NR with Form 8833 (Pub. 519, verified Oct 15, 2026). Failing to disclose a treaty-based position can carry a $1,000 penalty per failure (IRC §6712), and competent authority assistance is available under Rev. Proc. 2015-40. This is a facts-heavy position, and the China side is covered in our China overseas-income coordination guide.

Becoming a U.S. resident generally brings worldwide income into U.S. tax and can trigger FBAR and Form 8938 reporting. See our FBAR and FATCA guide.

California is a separate question

California applies its own residency rules. The FTB says you are presumed (rebuttably) a resident for any year in which you spend more than nine months in California, and that presence for other than a temporary or transitory purpose can make you a resident (FTB Pub. 1031 (2025), section H, verified Oct 15, 2026; the presumption can be overcome by satisfactory evidence of a temporary or transitory purpose, R&TC §17016). The FTB also notes that federal treaty benefits generally do not limit California tax, and that treaties that expressly limit themselves to federal income taxes do not apply to California (FTB Pub. 1031 (2025), section K, verified Oct 15, 2026). For most visiting parents the issue is narrow, but long stays deserve a look.

Practical steps for 2026 visits

Frequently asked questions

Are days on a B-2 visitor visa excluded from the substantial presence test?

No. The IRS list of exempt individuals covers certain A and G visa holders, students and teachers on F, J, M or Q visas, and professional athletes at charitable events. B-2 visitors are not on the list, so their days generally count (IRS, verified Oct 15, 2026).

My parents will be here 150 days in 2026. Will they become U.S. tax residents?

It depends on the prior two years. The test counts all current-year days, 1/3 of last year's days and 1/6 of the year before. If the total reaches 183 and they were here at least 31 days this year, they meet the test, though they may qualify for the closer connection exception if under 183 days this year (IRS, verified Oct 15, 2026).

What is Form 8840 and when is it due?

Form 8840 is the Closer Connection Exception Statement for Aliens. If no U.S. return is required, the IRS says to mail it by the due date for Form 1040-NR, including extensions. For filers without U.S. wages that is generally the 15th day of the 6th month after year end, so June 15, 2027 for 2026 (Form 8840 (2025 instructions; 2026 form in draft), Pub. 519, verified Oct 15, 2026; date calculated by COOP).

We filed an I-130 for my parents. Can they still use Form 8840?

Generally no. We treat a pending or earlier-filed I-130 as disqualifying. The IRS closer connection page lists Form I-130, among others, as an indication of intent to become a permanent resident when filed during or before the year in question. An I-130 is filed by the petitioner, so a parent is only the beneficiary, and the IRS does not say how that is treated (IRS, verified Oct 15, 2026).

Does the U.S.-China treaty decide residency if they are residents of both countries?

Not automatically. Article 4(2) of the U.S.-China treaty has no tie-breaker tests: the competent authorities determine residence through consultations, and the Protocol says they are to be guided by the UN Model Convention's residence rules. A dual-resident taxpayer claiming treaty benefits files Form 1040-NR with Form 8833, and failing to disclose a treaty-based position can carry a $1,000 penalty per failure (Treaty and Protocol, Pub. 519, verified Oct 15, 2026; IRC §6712).

Talk it through

If you would like us to review your parents' day counts and filing options, you are welcome to book a consultation. See our cross-border family tax services.

Primary sources

General information. This article covers U.S. federal and California tax only and is general information, not advice for your situation. COOP does not advise on immigration law. A tax filing, including Form 8840 or Form 8833, can have immigration consequences that are outside our scope, so consult an immigration attorney before taking a tax position that touches your parents' visa or green card status. Results depend on your facts, and law and guidance can change.