My_question_is: Applicable to both US and Canada
Subject: Canadian working as Consultant in US
Expert: taxman at centa.com
Date: Monday January 22, 2007
Time: 02:00 AM -0500
QUESTION:
I'm Canadian citizen with TN visa working as an Employee for a Company in
Kansas. I would like to change my employment current status to
Consultant -1099- (contractor) and remain working for the same company, can
I do that??
---------------------------------------------
david ingram replies:
Although a cardinal rule of a TN is that you can not be self-employed, there
is no problem with being paid as a contractor status as long as you are only
working as a contractor for the one company.
However, remember that if you are working at their premises using their
equipment at their hours, there are no business expenses allowable because
you are now working as an employee with no benefits.
In addition, you will now have to pay BOTH halves of the Social Security
which adds about 7% to your tax bill.
On the other hand, if you are moving from place to place, using your own car
and your own computer and doing a lot of the work at home because there is
no space at the office, being a contractor can involve extra deductions.
But, again, NOT if you are just doing a job at their location.
Don't jump into it without real serious thought.
David Ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
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