canadian woking from US for Canadian company remotely

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mrgNew Member
Posts: 2
Joined: 22 Sep 2007

Post Sat Sep 22, 2007 7:51 am

Hmm, thanks for the link, it seems to suggest that contractors are not allowed to use that. Looks like they must be permanent employees working abroad.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Post Fri Sep 28, 2007 10:46 am

This is a situation in which the law has failed to catch up with technology, I think there is a discussion going on about revising the NAFTA categories to cover it, but I doubt anything will happen for a couple of years.

Not that I recommend breaking the law, and I certainly recommend that you don't, but I can't see how they can enforce it.

The situation I get into sometimes is that I'm in country X, going to a meeting trying to get some clients or something, and that is perfectly legal, but then I have to work from my laptop for some other client in some other country while I'm in country X. Am I breaking the immigration laws by "working" in that country? It's not just an immigration problem, there is the income tax situation too.

I'm sure it will get sorted out eventually, but one of my clients who is in the UK insists I stay in Canada so they don't have to work out the VAT or the GST, because it's zero-rated. It's just a bit ridiculous sometimes.
Last edited by Steven on Fri Jul 17, 2009 4:57 pm, edited 1 time in total.
Steve.
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Peach375New Member
Posts: 9
Joined: 9 Jun 2009

Re: canadian woking from US for Canadian company remotely

Post Fri Jul 17, 2009 4:43 pm

All of these posts are a bit old so wanted to see if anyone had any new information. My company is interested on keeping me on an hourly basis and telecommuniting from Wichita where I will be living on a student visa.

All of the work is in Canada, I will be paid in Canada into a Canadian bank account but I will physically in the US.
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StevenCanuckAbroad VIP
Posts: 3637
Topics: 2
Joined: 28 Sep 2007
Location: Calgary

Re: canadian woking from US for Canadian company remotely

Post Fri Jul 17, 2009 5:02 pm

If anything it's gotten worse since I posted that two years ago. CBP are much more wise to it now. When I said they can't see how they can enforce it, well they can by quizzing you to death at the POE.

You cannot legally do what you're suggesting, if you're in the US and working you must pay US taxes even if you have work authorization in the US which I assume you don't if you're on F-1 and engaged in full-time study.

There are several later threads on this subject on the forum which flesh it out a bit more but basically the gist of them are to get an E visa and bury yourself in tax paperwork.
Steve.
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alpinewhiteNew Member
Posts: 7
Joined: 3 Apr 2010

Re:

Post Sat Aug 14, 2010 6:04 pm

CanuckAbroad wrote:I think it would depend where the money is going. If the money is staying in a Canadian bank account, I think that would be 'alright' - might be a grey area. I did that for awhile while living abroad but I'm not entirely sure it was legal.


I too would like to understand the laws regarding this and the most legal way to do the following...

Similar to a previous poster, I am a Canadian citizen wishing to visit the US for a 4-5 months at a time. I own a Canadian company and am negotiating a contract for remote service work with a US company. Can I perform duties in "Visitor" status while visiting friends/family in the USA? Work will be done on laptop so is no different then answering an email to a foreign-client as was previously posted on this forum. Technically, I work for a Canadian company (mine) and not a US company and thus do not require TN or other similar Visa.

Funds are wired to Canadian account and taxes declared as self-employed. Currently, I use a bank account in my personal name for all business transactions for ease of use but this could be changed if necessary.

I want to stay legal and hope to learn some good insight on the subject from this knowledgable forum! Thank you in advance.
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agnelsonCanuckAbroad VIP
Posts: 3262
Topics: 1
Joined: 26 Aug 2009

Re: canadian woking from US for Canadian company remotely

Post Sun Aug 15, 2010 2:20 pm

If you are going to do work in US, especially in comection with a US company, you should be entering on B1 business visitor status, not B2 tourist.

You need to declare your propsed activities at the border, and see what they say.
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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pierrevanlongNew Member
Posts: 2
Joined: 6 Oct 2010

Re: canadian woking from US for Canadian company remotely

Post Wed Oct 06, 2010 10:52 pm

Hello everyone

I am in the same situation. Are there some news since 2005?

Please advice



CndnTelecommuter wrote:Hello. Does someone know the answer to this question or is anyone in a similar situation?

I am a Canadian citizen working for a Canadian company that does NOT have any presence in the US and does NOT plan to have any presence in the US. I recently took a temp. leave of absence from my job so that I could move down to the US (California) with my husband. My husband is working in California for a US company and he's on a TN visa. I am here in Cali with him, on a TD visa. My company has suggested that I continue my job by telecommuting. I would work from my den in our apartment in Cali . telecommuting to Canada. Not producing any goods or services here in the US. just working online for my Canadian company while sitting in California. Can I do this while on my TD visa? Or do I need a work visa or work authrization?
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