Tn visa and travelling

Junoon123
New Member



Joined: 28 Nov 2007
Posts: 8
Location: chicago

Posted: Thu Jul 10, 2008 6:54 am

 

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I got a TN visa last year in January but then after a week the company called me back to Canada from US stating that they will send me at a later data.
I went back to the US maybe 3-4 times in 2007. Last year i went and renewed my Visa i am wondering if i can do this?

In other words if i get a TN visa and then go back to Canada for 4-5 months come back for a few weeks in the US for work purpose

Is this possible am i breaking any rules?
Question # 2) Since i worked in Canada most of the time last year i paid Taxes in Canada well 90% of it the remaining 10% in US since i was in the US for only 10% of the time

Please let me know
Thanks

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Steven
CanuckAbroad VIP



Joined: 28 Sep 2007
Posts: 1064
Location: Calgary

Posted: Thu Jul 10, 2008 10:20 am

 

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The entire purpose of TN-1 is to allow people to enter the US temporarily to work, plenty of people have them who only work a few days or weeks a year in the US. Just because a lot of people stay the full year doesn't mean you have to.

Frankly the longer you spend outside the US the easier it should be to get TN-1 status as you clearly have "bona fide non-immigrant intent".

Read this tax publication: http://www.cra-arc.gc.ca/E/pub/tg/p151/README.html

Clearly you are a resident of Canada so you pay tax in Canada. Any income you receive from US sources you must claim a foreign tax credit on (as explained in the general guide for the T1) to avoid dual-taxation.

For any US source income you file Form 1040NR with the IRS as well as Form 8840 to claim the tax treaty exemption, as it outlines in that CRA publication.
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Steve.

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