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Hi,
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I came across your website and found some very interesting information =
there. I do need to find some additional information for myself and for =
a co-worker so I wanted to first of all ask the questions and then find =
out from you what services you offer and what your rates are.
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1) I'm a Canadian working on a TN visa in the US. My husband is =
on an H1B something I would like to apply for and need to know how to go =
about this
2) I was reading the tax implications and am curious exactly where =
we fit in. We pay US taxes and file a Canadian tax return each year with =
0.00 on it. We also own property in the US.
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One of my staff that I manage lives in Canada and works for us remotely =
from there. He has been paying Canadian taxes which we have been paying =
for him. We don't want to do this any longer because it is very painful =
to calculate the taxes and to not get penalized by the Canadian govt. We =
would rather he become a sole proprietor and pay his own taxes and do =
contract work for us. We need to find out if this is doable and the tax =
implications.
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Thanks.
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david ingram replies:
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1. If you qualify for a TN, you qualify for an H1 B - You should have =
your employer get an H1B for you as well. It is a dual status visa. =
Your TN could be denied next time you apply because you are "supposed" =
to be intending to be in the US for less than a year. If you are =
married to a man with an H1B and a three year contract, it makes you r =
intentions of less than a year suspect. =20
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2. You are both taxable in the US and have no Canadian Tax Filing =
responsibilities from what you have told me. If you have mutual funds =
or something in Canada, you should have told your bank and broker that =
you are non-residents and they should be treating you as such.
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There are very few Canadian Financial people who can handle your =
accounts (by law) if you do have accounts in Canada.
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With regard to your staff member, it would certainly be okay to have him =
or her work as a self employed person which would stop your having to =
maintain a Canadian Payroll account. I would be glad to help you set =
this up but the employee would be giving up his or her Employment =
Insurance protection if he or she was laid off or if the company closed =
down, etc. =20
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There are no tax implications for you. However, make sure that the =
individual does meet the self employed rules in that they are using =
their own computer, their own car, their own office, etc. If your =
company is supplying all of the tools of the trade, you are really an =
employer and should continue the status quo. You might want to do =
something like hire an office like ours to maintain the employee records =
and payroll for you. Your Canadian Employee has no US tax liability if =
he or she is performing all of their duties in Canada.
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You should likely buy an hour of my time in a phone consultation to talk =
about this in person.
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Contact numbers are below. I charge a minimum of $350 for such a =
consultation but am easy to deal with. If you have a quick follow up =
question, I cannot remember the last time I sent a bill for a couple of =
minutes of clarification. A new topic is a different matter. If you =
want to break the hour down to two half hours, that is fine as well, but =
I charge the minimum for the first half hour.
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Whatever you "do" do, do NOT renew your TN at a border point. Renew it =
by mail. And be careful if both of you are going through the border =
at the same time. Better still, walk into the HR department (is that =
you by the way) and demand or at least ask for sweetly, an H1. Then =
start on your Employment Authorization and get your Green card.
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David Ingram's US/Canada Services
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
Calls accepted from 10 AM to 10 PM 7 days a week
Res (604) 980-3578 Cell (604) 657-8451
Bus (604) 980-0321=20
[email protected]
www.centa.com www.david-ingram.com
Disclaimer: This question has been answered without detailed =
information or consultation and is to be regarded only as general =
comment. Nothing in this message is or should be construed as advice =
in any particular circumstances. No contract exists between the reader & =
the author and any and all non-contractual duties are expressly denied. =
All readers should obtain formal advice from a competent financial, or =
real estate planner or advisor & appropriately qualified legal =
practitioner, tax or immigration specialist in connection with personal =
or business affairs such as at www.centa.com. If you forward this =
message, this disclaimer must be included."
This from "ask an income tax and immigration and bankruptcy expert" from =
www.centa.com or www.jurock.com or www.featureweb.com. Canadian David =
Ingram deals daily with tax returns dealing with expatriate:
multi jurisdictional cross and trans border expatriate problems for the =
United States, Canada, Mexico, Great Britain, the United Kingdom, =
Kuwait, Dubai, Saudi Arabia, South Africa, Thailand, Indonesia, Egypt, =
Antarctica, Japan, China, New Zealand, France, Germany, Spain, Italy, =
Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, =
Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, =
Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, =
Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, American and =
Canadian and Mexican and any of the 43 states with state tax returns, =
etc.
income tax wizard wizzard guru advisor specialist consultant taxman =
Alaska, Alabama, Arkansas, Arizona, California, Colorado, =
Connecticut, Delaware, District of Columbia, Florida, Georgia, =
Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, =
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, =
Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, =
New Jersey, New Mexico,New York, North Carolina, North Dakota, Ohio, =
Oklahoma, Oregon. Pennsylvania, Rhode Island, South Carolina, South =
Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, =
Wisconsin, Wyoming, British Columbia, Alberta, Saskatchewan, Manitoba, =
Ontario, Quebec City, New Brunswick, Prince Edward Island, Nova Scotia, =
Newfoundland, Yukon and Northwest and Nunavit Territories, Mount =
Vernon, Eumenclaw, Coos Bay and Dallas Houston Rockwall Garland Texas =
Taxman and Tax Guru and wizzard wizard Your name has been added to our =
email list because of an enquiry we have received, we may not answer =
your question but=20
another similar question will be as we lump them.
You may find more answers at www.centa.com
David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
US / Canada Real Estate Specialists
108-100 Park Royal South
West Vancouver, BC, CANADA, V7T 1A2
(604) 980-0321 - Fax 913-9123 [email protected]
www.centa.com www.david-ingram.com
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