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QUESTION:
What type of visa is best for employees / managers of a $150000 revenue
Canadian company to do software implementation services in the US? Most of
the work will be performed in US. Is there any US tax liablity for the
Canadian corporation? Will there be any US tax liability for the employees
of the Canadian corporation since they will be paid by their Canadian
employer? Canadian company will bill the US company for the services
performed by its employees.
thanks
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david ingram replies:
The best visa is likely an H1B and will be necessary for specialists who do not have a computer engineering or computer software engineer degree (McGill and SFU)
On the other hand, if you have sold the software and the contract includes (fixed price) an implementation fee (not by the hour), your employees wold likely be covered by a B1 status and not need a formal visa.
Go to www.centa.com and read [Entering the US]
The employees will have US tax liabilities FIRST for any work performed in the US even if paid from Canada. They will also be liable for state tax returns.
You should likely book an hour or two of my time by phone or find someone in your area who is up on US and Canadian issues such as this.
The money which is taxable in the US will also be taxable in Canada if the employees continue to live in Canada. They will claim foreign tax credit for the tax paid to the US. Therefore it is important to figure this out in advance. Otherwise, if you pay them from Canada, they owe tax to the states but all the tax has been paid to Canada and they have a very serious income tax cash flow problem.
You can apply to Canada to have their Canadian tax deducted reduced significantly so that they can make installment payments to the US for the amount of tax they will down south (State and Federal taxes should be figured out in advance).
We can do this for you at our West Vancouver office by email, snailmail, fax or courier.
.
This from ask an income tax immigration planning and bankruptcy expert consultant guru or preparer from www.centa.com or www.jurock.com or www.featureweb.com. Canadian David Ingram deals daily with tax returns dealing with expatriate:
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David Ingram of the CEN-TA REALTY Group
US / Canada / Mexico tax and working Visa Specialists
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(604) 980-0321 - Fax 913-9123 [email protected]
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