Can I start a Canadian business?

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leah5569New Member
Topic author
Posts: 5
Joined: 20 Feb 2010

Can I start a Canadian business?

Post Sat Feb 20, 2010 10:42 am

I'm a Canadian citizen living/working in the USA with a TN visa. I'd like to start a business in Canada. Is that possible? I know I'd need a Canadian address and would have to pay Canadian income tax but I'm not sure how to go about any of this from the US? Do I just register for an a Canadian LLC or is it illegal to have a Canadian business if I live in the USA?

I really don't want to have to get another visa or more specifically start a company here and have to get an investors visa. Any help would be greatly appreciated.
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agnelsonCanuckAbroad VIP
Posts: 2869
Topics: 1
Joined: 26 Aug 2009

Re: Can I start a Canadian business?

Post Sun Feb 21, 2010 3:06 pm

You don;t need a Cdbn address, as work done in US uis governed by US law -- a fake address doesn't change it. The job must not involve any US clients or benefit from your place in US.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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leah5569New Member
Topic author
Posts: 5
Joined: 20 Feb 2010

Re: Can I start a Canadian business?

Post Sun Feb 21, 2010 3:17 pm

All I want to do is create and sell and iphone app. I'm a little confused as to whether my TN1 visa permits that?
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agnelsonCanuckAbroad VIP
Posts: 2869
Topics: 1
Joined: 26 Aug 2009

Re: Can I start a Canadian business?

Post Tue Feb 23, 2010 9:09 am

Obviously, it doesn't. Your TN is define by the sponsor you work for and the work you do for them. Period. The question becomes whether you need a status to do these things.

If you are going to sell the app in US (which you obviously are), then yes, you need a work status, and since you can't selff-sponsor, then this would be illegal US work.

The solution would be to be hired by a US firm, under a separate TN, to develop the app.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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leah5569New Member
Topic author
Posts: 5
Joined: 20 Feb 2010

Re: Can I start a Canadian business?

Post Tue Feb 23, 2010 10:16 am

I know I'm pulling at straws here but this is something I really want to do. Can I develop the app as a Canadian (in Canada) and sell it in both the Canadian market and US market? I know I'd pay taxes in both countries but that's fine. There are several Canadian developers that sell iPhone apps and they've just had to apply for Employer ID Number (EIN).
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agnelsonCanuckAbroad VIP
Posts: 2869
Topics: 1
Joined: 26 Aug 2009

Re: Can I start a Canadian business?

Post Tue Feb 23, 2010 11:55 am

If you develop it in canada (ie physically in canada), you are not working in US, so you can do what you want.

However, you can't sell it from the US either, without violating your TN.

What you are wanting to do is allowed for Cdn residents, living in canada, and occasionally coming to the US temporarily (on a B2 business visitor status).

But with your TN, you are limited to doing TN-eligible work ONLY, which this enterprise does not qualify.

It's the price you pay for getting a TN.
This site is a travel site and not best source for these topics:
TN and TD info: http://forums.immigration.com/forumdisp ... -TN-Status
For US/Cdn taxes and SS/CPP:forums.serbinski.com/index.php
US Marriage-based Immigration: visajourney.com
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kroeranNew Member
Posts: 3
Joined: 26 Sep 2010

Re: Can I start a Canadian business?

Post Sun Jul 31, 2011 5:49 am

Maybe explore licensing the app to a third party to market it for you or incorporating so that the activity is arms length from your status issues...don't know, just throwing out ideas to check out
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