Can Cdn company expand to the US? -

My_question_is: Applicable to both US and Canada
Subject:        Can Cdn company expand to the US?
Expert:         taxman at centa.com
Date:           Wednesday December 20, 2006
Time:           10:08 PM -0500
QUESTION:
Dear David,
On behalf of all of your loyal readers out there, THANK YOU for this amazing
information haven.
I would like to ask you about a dilemma I am having.  After working with an
international firm for the past 7 years, I am considering a significant
change.  I have been working with an owner of a Canadian-based media/ad
consulting company and have been offered a partnership.  We would like to
open a second office in Georgia, giving us the beginning of an American
presence.  Once I can establish the company, the plan was to hire local
Americans to work at this office.
My questions are:
1. From your website, I believe that I am seeking a L-1 visa.  It should
allow me to work as well.  Is this correct?  Should I be looking at a
different visa?
2.  If question 1 is possible, is the Georgia office an American company or
can it remain as a branch of a Canadian company?  We are flexible on this.
Any suggestions on how to set this up?
3. While under this business visa, can my wife legally work in the US?  She
is a teacher and from what I have heard, schools would be prepared to
provide a letter of support as teachers are highly sought after in Georgia.
My wife and I, both Canadian citizens by birth, are excited about the
possibility of moving to Georgia.  We are newly weds, looking to have
experiences living outside of Canada.  We are hoping that this can be our
first adventure in our new lives together.
Other important factual information is that I currently have a US SSN,
established when I was studying for a business degree in Georgia.  At that
time, I was on a F1 Visa.  With my undergrad in Computer Information Systems
Analysis (also from a US university), I believe I could receive a TN Visa if
it is preferred.  Maybe I can hire myself to set up this company?  Oh, the
madness…
Thanks for your time.
P.S.  Please recover from your pneumonia soon.
----------------------------------------
david ingram replies:
I am not up to answering this at the moment and it is buried in another 150
questions I will not answer.
However, if you go to www.cewnta.com and read the November 1999 newsletter
in the top left hand corner it will tell you something about Canadian
business expanding south.  If you read "entering the US" in the second box
down on the right hand side it will give you an idea about the available
visas. You do not qualify for an L1 until you have worked for the company
for one year out of the last three.
your wife would likely qualify to teach with an H1.
I think you are stuck with having to pay for a consultation with myself or
someone like myself.  If so, it should involve your new spouse and the
partner.
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"
 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
$2,400 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
$2,400 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.
international non-resident cross border income tax help estate family trust
assistance expert preparation & immigration consultant david ingram, experts
on rentals mutual funds RRSP RESP IRA 401(K) & divorce preparer preparers
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This from "ask an income tax and immigration expert" from www.centa.com
<http://www.centa.com/>  or www.jurock.com <http://www.jurock.com/>  or
www.featureweb.com <http://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, Indonesia, Japan, China, New Zealand, France,
Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia,
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GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas,
San Antonio Houston
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FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions
Grand Cayman Aruba Zimbabwe South Africa Namibia help USA US
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 - family & estate trust trusts Cross border, dual
citizen - out of country investments are all handled with competence &
authority.
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