To work remotely from an US employer

To work remotely for an US employer while still living in Canada, am I required to get a visa, e.g. TN? Thanks.

To work remotely for an US employer while still living in Canada, am I required to get a visa, e.g. TN? Thanks.

No but the employer needs to be set up to handle a Canadian payroll--eg withholding and remitting Canadian income taxes, etc., to the Canadian government.

I've never been entirely clear what the consequences are if the employer fails to do so, though.

Nothing. You simply have to remember to file your taxes with Revenue Canada stating that you are self-employed.

US visa is applicable only while the person is on US soil. For a person who are outside US, the visa is not required

alpinewhite is correct - the employer can treat you as a contractor and pay you your full salary. You will then have to file your taxes with Revenue Canada.

Depending on the salary amount and your expenses, you may want to create a corporation and get paid through this. Speak to a CPA and determine the best option for you.

Good Luck

Sincerely,
TN Visa Expert Support
Helping Canadians live and work in the U.S. with the TN Visa Expert Application Guide.
http://www.tnvisaexpert.com

There's about a gazillion threads on this if you do a search, I'm guessing there hasn't been one for awhile.

The simple solution is to register as self-employed or start up a CCPC and you do the payroll yourself and invoice them. GST/HST is zero-rated because it's classed as an export. You will be EI exempt but will be required to pay the employer's half of CPP so remember that when billing them, but it's a hell of a lot less than FICA so they're hardly likely to be upset about that. The real trick is getting them to pay you in Canadian dollars.

Depending on how much money you're making out of this (usually $100,000+) you *may* need to file what's called a "protective" 1040NR (as an individual) or 1120-F (as a corporation). Basically to prove to the IRS you don't owe them any money and so they can effectively audit your client.