Dear David et al,
I require the assistance of a tax professional who has expertise in
both Canadian and US tax laws, particularly for NAFTA workers and for
contractors.
I will require tax preparation for work done as a consultant for a
Vancouver company, and work done under fulltime employment for a US
company under a TN visa.
I am unsure which countr(ies) I should be pay income tax toward. I am
guessing that the work I do in Canada will have taxes going to Canada,
while the work I do in the US will go to the US government.
I need to speak with an available professional and will likely require
the services of preparing income taxes for both countries.
Please give me an appointment for a call; I need to schedule this
discussion with you or your associate outside of my office hours.
--------------------------------
david ingram replies:
You will go crazy trying to find someone but it is what I have been
doing now since 1963.
If you are doing the work in Canada by coming here to do it, it might
be taxable in Canada but if you have no fixed base in Canada, it is
exempt under Article XIV of the US / Canada Income Tax Convention.
If you are telecommuting, there is no Canadian return required.
If you do have a fixed base where you are working out of in Canada,
then it would be taxable in Canada first and the US second and you
would claim a foreign tax credit on form 1116 of your US 1040.
Article XIV of the treaty reads as follows:
Independent Personal Services
Income derived by an individual who is a resident of a Contracting
State in respect of independent personal services may be taxed in that
State. Such income may also be taxed in the other Contracting State if
the individual has or had a fixed base regularly available to him in
that other State but only to the extent that the income is
attributable to the fixed base.
So if you come to Canada for a day to gather information and take it
back to the USA to do the work, it would not be taxable in Canada.
I charge $350 Canadian for phone consultations and can be available on
Monday or Wednesday evening.
I have tentatively set up 7 PM tomorrow (Monday, Jan 31 2005) evening
for your phone call.
Call me at (604) 657-8451. I may ask you to call back to another
number at that time.
david ingram
Answers to this and other similar questions can be obtained free on
Air every Sunday morning.
Every Sunday at 9:00 AM on 600AM in Vancouver, Fred Snyder of Dundee
Wealth Management and I, David Ingram host a LIVE talk show called
"ITS YOUR MONEY"
Those outside of the Lower Mainland will be able to listen on the
internet at
www.600AM.com
Local calls are taken at (604) 280-0600 and Long Distance calls are
taken at 1( 866) 778-0600
Callers to the show are invited to attend free seminars on financial
planning with such specialities as deductible mortgage interest. They
are held at Fred Snyder's Office at 1764 West 7th in Vancouver - (604)
731-8900 for more information.
=========================================
This from "ask an income tax and immigration expert" from
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deals on a daily basis with expatriate tax returns with:
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=========================
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David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Res (604) 980-3578 Cell (604) 657-8451
(604) 980-0321 Fax (604) 980-0325
Email to taxman at centa.com
www.centa.com www.david-ingram.com
Disclaimer: This question has been answered without detailed
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