Hello there,
I am a Canadian citizen and been living in the USA for the
past 3 years. I am getting a job offer in USA based software
company, and I wanted to accept their offer. The only thing is I
have to work for them on a 1099 basis. the work will last for a
year. I will continue to live in USA while doing this work.
Question is: Can I do this 1099 thing, and if yes, then at
year end will I only file my taxes with USA or with Canada or
both?
Thanks
-------------------------------------------------
david ingram replies:
Although a main rule governing a TN visa is that you
can NOT be self employed, it is perfectly okay to work under a
contract for "that one company only".
What you are is an employee without benefits. This
means that you have to pay both sides of the Social Security
which is 16+% by itself.
You also will not get paid vacation or holiday pay
and would not be covered by employment insurances although that
is a moot point as the individual states will not cover
(officially) a TN or H1 Visa holder who is laid off.
The mere fact of working on a 1099 basis does NOT
automatically allow you to write off a lot of expenses because if
you are merely going back and forth to the same place every day
and sitting at their desk and using their computer, you are still
an employee - just without benefits.
You will pay tax to the USA and the state you are in
only.
David Ingram's US/Canada Services
US / Canada / Mexico tax, Immigration and working
Visa Specialists
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