QUESTION: I'm a previously self-imployed Canadian working on a TN-1 Visa in
Washington since April 2005. During that time I also signed a book deal
with an American publisher. Is this illegal? And if so, how do I get legal
again? Can I declare the book income as part of my Candian profession?
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david ingram replies:
I do not know what the law is. This answer is based upon others i have known
who have painted and written in the US with no problem. Tony Only for
instance, used to paint in the US on a regular basis and b ring his work
back to Canada and fight with the CANADIAN authorities about whether or not
he had to pay massive amounts of GST on the work he was bringing back.
If you write in the US, you are not specifically taking a specific job away
from an American or a resident alien. However, if your book is published,
that could be taking a job away from an American although if you wrote the
book living in Canada and the publisher published "yours" rather than an
American's, there would be no problem. I would be more worried about the
role you would be playing in publicizing your book if you went on the talk
show circuit. It seems to me that "if" you were published, the publisher
better get you an "O" visa to do the publicity since you will then be doing
a specific service for a US business.
You should likely contact someone like Joe Grasmick who wrote the bible on
TN visas, is a member of the US Immigration Lawyers Association, and
conveniently has a very valuable "pay in advance" consultation by phone
service.
Go to the Amazon.com site at
http://s1.amazon.com/exec/varzea/ts/exchange-glance/Y01Y4838730Y0462867/002-
6150531-7722467
to pay your money,
You can find out more about it all and find a lot of previous Q & A's at
www.grasmick.com
Now - just one warning. Although I recommend Joe's site on a regular basis
there is no reciprocity. He has long term alliances that I understand and
respect. However, the links for cross border tax work you find there are no
better and usually much more expensive than our service.
hope this helps,
david ingram
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