Sent: Sunday, May 28, 2006 10:46 AM
To: taxman at centa.com
Subject: Telecommuting question
Hi--
I was wondering if am I allowed as a Canadian citizen,
to live in the US and telecommute doing work
specifically for a Canadian company (or companies) in
Canada (and no US work, therefore not actually "taking
away" work from Americans)? If so, who do I pay taxes
to-- Canada or US?
__________________________________________________
david ingram replies:
you can NOT go and live in the US without a visa.
If you were to marry an American, you would then get a green card and be
able to work for an American or Canadian Company.
In either case, you would not have a liability to pay any tax to Canada if
you were a US resident and not performing any of the services physically in
Canada.
If you just want to apply for a green card, it can be done but the present
waiting list is over 14 years.
goto www.centa.com and click on "Entering the US" in the second box down on
the right hand side.
Another excellent source of US working visa advice can be found at
www.grasmick.com
The following was a telecommuting question a couple of weeks ago.
David - if I am living in Canada and telecommuting to work in the US, do I
have to pay US tax? My employer wants to deduct US and state of New York
Taxes. I do go there for a couple of days a month and have a TN visa.
--------
david ingram replies:
Yep, you have a New York and US federal responsibility to file US and New
York State Tax returns. How much you will pay the state is a matter of
conjecture at this point but any tax you do pay will be a credit against
your Canadian tax. Your employer should not deduct Social Security or
Medicare Taxes or full US federal taxes but because of a recent US Supreme
Court "non-decision" will want to deduct full New York State taxes.
Read on!
Telecommuters PAY TAX ATTENTION
http://www.networkworld.com/news/2006/052906-tax-relief-legislation-telework
ers.html
This explains what is happening as a result of some states like New York
taxing people who are living in places like Tennessee but logged on and
doing their work on New York computers.
Thanks to Richard Pitt for sending this along.
And for you techies and wildlife lovers out there.
Richard was a partner in Wimsey.com which made him a partner in the first
commercial ISP in Canada - in the 1980's no less).
Richard also looks after this mailing list and the CEN-TA Group computer
system.
You can find him at www.pacdat.net
He is also the one who did the setup for my publisher david hancock
(www.hancockhouse.com) for the live eagle egg hatchings which at the moment
is the number one website in the world "ever" with 3,000,000 hits a day
starting around March 15th.
http://www.infotecbusinesssystems.com/wildlife/default.asp
Log on now and see two wild and free eagle chicks waiting for breakfast,
Watch long enough and you will see them fed.
------------------------------------------
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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This from "ask an income tax and immigration expert" from www.centa.com or
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------------------------------
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 <mailto:taxman at centa.com>
www.centa.com <http://www.centa.com/> www.david-ingram.com
<http://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 <http://www.centa.com> . If you forward this message, this
disclaimer must be included."
Be ALERT, the world needs more "lerts"
David Ingram gives expert income tax & immigration help to non-resident
Americans & Canadians from New York to California to Saudi Arabia to Mexico
to China or Chile - Cross border, dual citizen - out of country investments
are all handled with competence & authority.
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