Sent: Tuesday, June 06, 2006 7:03 PM
To: taxman at centa.com
Subject: Question on cross border telecommunting
Importance: High
David,
I am a Canadian citizen living in British Columbia. I recently
got offered a job by a US company (in the US) and they do not
require me to re-locate. I am able to work from home and stay in
Canada. However, they will require me to spend some time in the
US visiting clients, attending meetings and trade shows and
working in the corporate offices from time to time. This could
be as much as 10 days per month. Can you set me in the right
direction ? were can I go to get the information I need to make
a good decision.
Sincerely,
=============================================
david ingram replies:
Depends upon what you are doing.
If you are an electrical or structural engineer or any one of 62
other listed occupations and your degree is necessary for the
job, you could be working in the US within 24 hours of the
written job offer under the auspices of a Treaty NAFTA (TN) visa.
If your job is to program computers at the highest level as a
trouble shooter you do not qualify for a TN visa because computer
programmers are NOT on the occupational list.
If your job is to be the North American sales manager and no
degree is required, you do not qualify as a TN holder.
If you do not qualify as a TN holder, you likely qualify as an
H1B or H2B visa holder. both of these classificatiosn are limited
to about 65,000 per year. .
Unfortunatrely, this visa has a waiting list of about 14 months
right now.
You can find out the terms of a TN visa by going to www.centa.com
and reading the "Entering the US" section in the secon d box
down on the right hand side.
You can also learn more at the US state department website at
http://travel.state.gov/visa/temp/types/types_1271.html - note
that this site does not cover TN visa which only apply to
Canadians, Mexicans and Americans.
The taxes are another thing. We will have to keep track of what
you earn while working in the USA and pay tax there first - if in
California, New York or 41 other states with a tax return, you
will have to file that statge or states as well.
Then we take that income and report it again in C anda and claim
credit for whatever tax you have paid to the USA on line 431 of
your Canadian T1-
In my opinion, you are better off being paid from a US office.
The US social security is a tax credit in Canada and gets you a
bigger pension upon retirement.
I am also available for individual consultations by phone or in
person.
Phone consultations are $400 for 15 minutes to 50 minutes
(professional hour).
This is not intended to be definitive but in general I am quoting
$800 to $2,000 for a dual country tax return.
$800 would be one T4 slip one W2 slip one or two interest slips
and you lived in one country only - no self employment or rentals
or capital gains - you did not move into or out of the country in
this year.
$1,000 would be the same with one rental
$1,200 would be the same with one business no rental
$1,200 would be the minimum with a move in or out of the country.
These are complicated because of the back and forth foreign tax
credits. - The IRS says a foreign tax credit takes 1 hour and 53
minutes.
$1,500 would be the minimum with a rental or two in the country
you do not live in or a rental and a business and foreign tax
credits no move in or out
$2,000 would be all of the above and you moved in and out of the
country.
This is just a guideline for US / Canadian returns
We will still prepare Canadian only (lives in Canada, no US
connection period) with a three or four slips and no capital
gains, etc. for $125.00 up.
With a Rental for $300
A Business for $300 - Rental and business likely $400
And an American only (lives in the US with no Canadian income or
filing period) with about the same things in the same range with
a little bit more if there is a state return.
Moving in or out of the country or part year earnings in the US
will ALWAYS be $400 and up.
TDF 90-22.1 forms are $25 for the first and $10.00 each after
that when part of a tax return.
8891 forms are generally $50.00 to $100.00 each.
18 RRSPs would be $900.00 - (maybe amalgamate a couople)
Capital gains *sales) are likely $50.00 for the first and $20.00
each after that.
Just a guideline not etched in stone.
----------------------------------
David Ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa
Specialists
US / Canada Real Estate Specialists
My Home office is at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 10 PM 7 days a week Vancouver (LA)
time - (please do not fax or phone outside of those hours as
this is a home office)
email to taxman at centa.com
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 and the author and any and all non-contractual
duties are expressly denied. All readers should obtain formal
advice from a competent and appropriately qualified legal
practitioner or tax specialist for expert help, assistance,
preparation, or consultation in connection with personal or
business affairs such as at www.centa.com. If you forward this
message, this disclaimer must be included."
Be ALERT, the world needs more "lerts"
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