TN VISA Consulting in Canada while Living in U.S.

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teamcanadaNew Member
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Posts: 3
Joined: 18 May 2010

TN VISA Consulting in Canada while Living in U.S.

Post Mon May 24, 2010 11:54 pm

I'm a Canadian citizen currently working and living in the U.S. under a TN-1 visa. Much of the consulting I do is on-line. Can I consult with a Canadian company while living here? And if so, how would I file the transaction? Would I report the earnings on my Canadian tax return, or my U.S. return? I don't imagine I would need another TN-1 visa to consult with a business in my country of citizenship (Canada).

D.
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agnelsonCanuckAbroad VIP
Posts: 2868
Topics: 1
Joined: 26 Aug 2009

Re: TN VISA Consulting in Canada while Living in U.S.

Post Tue May 25, 2010 4:57 am

Normally, you need a TN for ANY work you do on US soil.

However, if the client you are working for while in US does not have any US affiliations, and is not benefitting from your presence in US, then you can do work for them. The country that the client is in is immaterial, and so is your Cdn citizenship. That would only come into play if you were working IN Canada.

You would want to check with a US immig lawyer (and your clients) to be sure that no US affiliate is being grieved by your US-based work without authorization.

As to taxes, since it is work being done as a contractor while in US, it is not taxable in Canada, by treaty. You report it on your 1040 as self-employment income. Your Cdn clients might withhold Cdn taxes under Cdn rules, but you would get those back by filing a Cdn return, reporting no income, and citing the treaty.
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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emilijaNew Member
Posts: 6
Joined: 28 May 2010

Re: TN VISA Consulting in Canada while Living in U.S.

Post Fri May 28, 2010 1:25 pm

Agnelson

Sorry I already asked this on the other post, would the same apply for TD visa holder?

I still don't have TD visa, but I will have it soon (my husband is TN visa holder and I'll be joining him soon). Now I'm worried if the remote job can create any problems for getting this visa on the border?

And also, I'm employed by my company (part time work though), would this be a problem vs. being a consultant?

Thank You
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agnelsonCanuckAbroad VIP
Posts: 2868
Topics: 1
Joined: 26 Aug 2009

Re: TN VISA Consulting in Canada while Living in U.S.

Post Fri May 28, 2010 1:52 pm

See answer in other post.

The manner in which you are paid by the Cdn firm doesn't matter in terms of immigration.

Your income would be taxable in US and canada if you were an employee.
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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