US Citizen Working in Canada for
Date: Tuesday November 14, 2006 Time: 11:37 PM -0500 QUESTION: David, I am a US citizen with a house in the US. I have been offered a job with a Canadian company which would require me to commute back and forth between Calgary and Denver, however this job would not last more than 3 years. I would be in Canada more than 183 days per year (which I believe makes me a "resident" but would not be out of the USA more than 330 days (foreign income exclusion). My questions are as follows: 1. How can I avoid paying the Canadian Pension Plan equivalent to the Social Security taxes in the US since I will not be able to benefit from paying them in Canada? 2. Can I be paid as a consultant through my US S Corporation instead of being an employee to avoid Canadian Pension Plan and Canadian income taxes? 3. Could I be paid both as an employee on part of the income and also as a consultant on the remainder? 1. Wife and children to remain in Denver 2. I will be performing services for Canadian company while in Denver 3. Brand new job. Thank you. ---------------------------------------------------------------- ---- david ingram replies: The visa you are getting is to work for the company in Canada, not a US S corporation. However, even if your S corporation was being paid, because you are performing the services in Canada, you still owe tax and CPP to Canada, AND your US S corporation would have to file a Canadian tax return because it was performing services in Canada. Five times the accounting fee. ---------------------------------- The Canada Pension Plan is payable to Canada just as I would have to pay US Social Security if I took a 3 year job in Denver. There is an exception if you were being transferred to Canada for 5 years or less by a US employer to a Canadian Branch Office. In that case, the company can apply to the Canadian Government to exempt you from CPP because the US company will keep you on the US Social Security. However, even in that case, you still owe your income tax to Canada first and the US second. But all is not lost. Under the US/Canada Social Security Totalization Agreement, the payments to both countries are acknowledged and Canada will send you a retirement cheque (check) and the FICA will send you a slightly smaller check on retirement. Canada You will file a Canadian Income tax return first and calculate the Canadian tax. United States You will file your US 1040 and Colorado 140 as always. You will claim credit for the Canadian Federal and Provincial income tax, CPP and EI (employment Insurance) that you have paid to Canada on US form 1116 with a possibility of some carryover to the Colorado return. I would be happy to help you at the time of course. ============================================== 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" international non-resident cross border income tax help assistance expert preparation & immigration consultant david ingram, experts on rentals mutual funds RRSP RESP IRA 401(K) & divorce preparer preparers consultants Alaska, Alabama, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Garland, 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. 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