US Canada Tax treaty. US S-Corp

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

Moderator: Mark T Serbinski CA CPA

Post Reply
davidj091
Posts: 14
Joined: Tue Feb 02, 2016 3:56 am

US Canada Tax treaty. US S-Corp

Post by davidj091 »

Hello

If one has a US s-corporation and is an employee of that s-corporation and none of the money generated is originating from Canada, and spends less than 183 days in Canada. Would that person be a non-resident (for tax purposes) in Canada?


Thank You
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

be careful. Unless you have a US status, you need to keep a Cdn residence to be in US even for one day.
So if you keep a Cdn residence, and don't have a work status in US, it is hard to establish that you have sufficient ties outside Canada vs inside Canada to warrant being declared non-resident for tax purposes.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
davidj091
Posts: 14
Joined: Tue Feb 02, 2016 3:56 am

Post by davidj091 »

[quote="nelsona"]be careful. Unless you have a US status, you need to keep a Cdn residence to be in US even for one day.
So if you keep a Cdn residence, and don't have a work status in US, it is hard to establish that you have sufficient ties outside Canada vs inside Canada to warrant being declared non-resident for tax purposes.[/quote]

I'm a US citizen and a Canadian PR. Please tell me if I'm tax non resident for Canada
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Did you read what I said?
"it is hard to establish that you have sufficient ties outside Canada vs inside Canada to warrant being declared non-resident for tax purposes".
You gave me no information on your TIES.
And you did not establish WHEN you would say you LEFT specifically, since there has to be a departing 'act" on a specific date.

"Please tell me..." sounds an awful lot like a demand.

I don't do demands
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
davidj091
Posts: 14
Joined: Tue Feb 02, 2016 3:56 am

Post by davidj091 »

[quote="nelsona"]Did you read what I said?
"it is hard to establish that you have sufficient ties outside Canada vs inside Canada to warrant being declared non-resident for tax purposes".
You gave me no information on your TIES.
And you did not establish WHEN you would say you LEFT specifically, since there has to be a departing 'act" on a specific date.

"Please tell me..." sounds an awful lot like a demand.

I don't do demands[/quote]

I did not mean to sound demanding. I apologize if I did.
Post Reply