QUESTION:
I am a Canadian citizen living in Vancouver. I am joining an Atlanta firm as their COO and will continue to reside in Canada for the time being. The company attorney indicates that I need to work as a 1099 employee until the company is registered in Canada. I am getting shares in the company. I am concerned that working under a 1099 would not qualify me for an L1 visa after one year from now. Please advise.
-----------------------------------------------------------------------------------------------I am a Canadian citizen living in Vancouver. I am joining an Atlanta firm as their COO and will continue to reside in Canada for the time being. The company attorney indicates that I need to work as a 1099 employee until the company is registered in Canada. I am getting shares in the company. I am concerned that working under a 1099 would not qualify me for an L1 visa after one year from now. Please advise.
david ingram replies:
If you want to be paid, you do not have much choice. However, unles they have employees and an operation in Canada with other people left behind in Canada after you leave on your L visa after a year's employment, you will not qualify to move on an L-1 visa.
In other words, unless the company is intending to open and maintain a branch in Canada for ever, you do not qualify for a transfer under the L classification. It is more likley that they should hire you now, let you do most of your duties in Canada while waiting for an H visa to be issued. In the meantime, it is possible that a management consultant TN visa would let you go south to advise management on an occassional basis.
That would preclude your having the COO designation for tjhe US operation until the H visa was issued which would take over a year presently.
However, although I do consult on the matter because of the tax and immigration problems, I am NOT a lawyer and NOT a member of the AILA. I suggest that you should be consuilting a US lawyer with lots of experience moving people across the border to the USA. Spending a few dollars of your own on someone really good will put you in a better position to deal with the lawyer your company hires.
You should contact Joe Grasmick at www.grasmick.com or Greg Siskind at www.visalaw.com. Both have extensive experience with Canadian Immigration to the US.
Both are set up to do phone consultations with Canadians and can follow up later with Homeland Security. Greg Siskind has an associate office in Toronto. Joe Grasmick worte the TN Handbook (about $400 as an e-book on Amazon.com) which every Immigration lawyer has or should have.
In Vancouver, you could confidently use David Anderssen, who as well as being a very competent US Immigration Attorney, is also the president of PACE (Pacific Corridor Enterprise Council) , a US / Canada business association which you should likely join as well if your Business is going to be operating on both sides of the border. www.pacebordertrade.org
The following will show my charges and you will likely need my services for the tax part of the move. It is also important that the tax returns and your immigration status match. Goto www.centa.com and read my section on 'Entering the USA' which you will find in the second box down on the right hand side.
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If an email is not answered in 24 to 36 hours, it is lost in space. You will have to phone to make an appointment. Gillian Bryan generally accepts appointment requests for me between 10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los Angeles) time at (604) 980-0321
David Ingram's US / Canada Services
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My Home office is at:
If an email is not answered in 24 to 36 hours, it is lost in space. You will have to phone to make an appointment. Gillian Bryan generally accepts appointment requests for me between 10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los Angeles) time at (604) 980-0321
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
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office)
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
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this disclaimer must be included."
David Ingram gives expert income
tax & immigration help to non-resident Americans & Canadians from
New York to California to Mexico family,
estate, income trust trusts Cross border, dual citizen - out of
country investments are all handled with competence &
authority.
Phone consultations are $400 for 15 minutes to 50
minutes (professional hour). Please note that GST is added if product remains in
Canada or a phone consultation is in Canada.
This is not intended to be definitive but in
general I am quoting $800 to $2,800 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
$1,600 would be for two people with income from two countries
$2,800 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 two or three slips and no capital
gains, etc. for $150.00 up.
With a Rental for $350
A Business for $350 - Rental and business likely
$450
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 $800 and up.
TDF 90-22.1 forms are $50 for the first and $25.00
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
couple)
Capital gains *sales) are likely $50.00 for
the first and $20.00 each after that.
Just a guideline not etched in
stone.
This from "ask an income trusts tax and immigration expert"
from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily
basis with expatriate tax returns with multi jurisdictional cross and
trans border expatriate problems for the United States, Canada, Mexico,
Great Britain, United Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand,
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