Not paying into a government pension in either

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gemnaveNew Member
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Posts: 1
Joined: 24 Mar 2010

Not paying into a government pension in either

Post Thu Mar 25, 2010 7:06 am

I live in Montreal. I work for a US company. I have a TN visa as management consultant and work half of the time in Boston and the other half remotely from Montreal. I have a W-2 and do tax returns for US, Canada and Quebec. When my accountant did my taxes last year I did not pay anything into Social Security on my W-2 and I did not pay into QPP on my Quebec tax return. I thought I should be paying into a government pension somewhere and don't want to find out five years from now that I have filed incorrectly. This prompted me to do some investigatgion on my own. After countless hours on IRS, Revenue Quebec, Revenue Canada and other websites, speaking to the IRS and Revenue Quebec and speaking to two accountant, I am left with more questions than when I started.
- what is my staus to file in the US - resident alien because it is my "tax home" or non-resident alien?
- do I want to go down the route of Social Security and have to declare foreign holding (bank account and RRSP) to the IRS?
- can I be considered self employeed for Revenu Quebec and put my QPP on the "Deduction for CPP/QPP contributionon self employment and other earnings" line
- Canada has a form "Election tp Pay Canada Pension Plan Contributions". Does Quebec have something similar?
- How should the Foreign Tax credit be split between Canada and Quebec?
- Is the Foreign tax for Quebec related to "Business Income" or "Non Business Income"? "Business Income" means income from an establishment located in a foreign country.
I just want to get an accountant that knows what they are doing.
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agnelsonCanuckAbroad VIP
Posts: 3263
Topics: 1
Joined: 26 Aug 2009

Re: Not paying into a government pension in either

Post Thu Mar 25, 2010 7:58 am

The problem is your firm.

If you are an employee, the should be withholding SS and medicare,, at least for the portion of your work performed in US. You need to ask them why they have not.

Second, for the portion you work in canada, they should be either paying you as an Cdn employee, withholding all Cdn payrol taxes, or treating you as self-employeed (which theu are doing neither). You need to ask then why they have not.

So, first ask them why they have not been withholding your SS and medicare.

If they say that they are not required to, then the answer is simple: file Schedule 8 (and look at CPT20) on your Cdn return and the equivalent form for QC. You would use all the income as eligible.

If they say, oh they should have, then you and they will need to fix this. Some comapnies try to get away with not collecting your portion because then they don't have to match it, in the hopes that SS will come after you for the whole lot -- which they can. All US employers of employees working in US, regardless of their residency should be paying SS.

as to how you file in the US, this is a separate issue, and has nothing to do with SS or CPP. You are non-resident of US so should file 1040NR, reporting only your US wages (see why they should be paying you 2 separate ways?).

The good news is that whatever SS you pay in US, it will be a credit on your Cdn tax, along with US and state taxes.

If you are going to work for these people long-term, they need to work these things out for you.
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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