IRC 7701(b)(3)(D) says "An individual shall not be treated as being present in the United States on any day if such individual is an Exempt Individual". Exempt Individual includes J, F, M, Q Visa status individuals, etc., but "E-2 (Investment) Visa" or "B-2 (Visitor/Travel) Visa" is not listed anywhere in the code sections.
Then, does this mean that exempt individuals under those listed-Visas can not meet physical presence test and not be resident aliens,/ but exempt individuals under E or B Visa can meet physical presence test and be resident aliens? This issue affects S corporation shareholder eligibility also.
Then, does this mean that exempt individuals under those listed-Visas can not meet physical presence test and not be resident aliens,/ but exempt individuals under E or B Visa can meet physical presence test and be resident aliens? This issue affects S corporation shareholder eligibility also.
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