Canadian working as a contractor for US firm - help with tax

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Mary T
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Joined: Thu Sep 20, 2007 2:28 pm

Canadian working as a contractor for US firm - help with tax

Post by Mary T »

Hi Nelson,
I was working in the US on a TN for a few years and have now returned to Canada. I am a Canadian citizen. The US company I worked for has now hired me as a contractor/consultant telecommuting while residing in Canada. They have sent me a W9 form to complete but as I understand it, this form is for US citizens only. I have set up a sole proprietaire company in Canada and intend to pay my income taxes in Canada.
1) Would you please advise which tax form I need to complete for my US employer? Is it a W9, W8, 1099 etc?
2) Would you please advise which tax form I need to complete as a consultant in Canada?
Thanks so much for your help.
Mary
nelsona
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Post by nelsona »

W-9BEN, giving them your SSN.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
nelsona
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Opps

Post by nelsona »

W-8BEN
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
Mary T
Posts: 6
Joined: Thu Sep 20, 2007 2:28 pm

Post by Mary T »

Wow I didn't expect a reply this fast. Thanks Nelson!!
Mary
Mary T
Posts: 6
Joined: Thu Sep 20, 2007 2:28 pm

Post by Mary T »

Hi again Nelson,

My friend was searching the net to find an answer to my question and he sent me a link to a posting in which you had replied to.

http://www.grasmick.com/board/?topic=topic2&msg=11614

I think it relates to the same question I was adking about the form. Is it because it was posted in 2004 that possibly the forms changed?

You advised Sarah in this posting to complete a 8223 form and a 1040NR.

Can you please clarify? Am in not in the same boat as Sarah by being a CDN citizen, residing in Canada and working as a contractor for a US company?

I'm confused. Do I need to fill out the 8223 and 1040NR forms too, as well as the W8BEN?

Thanks again
Mary
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
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Post by nelsona »

As I pointed out then, 8223 is for those exempt from withholding for work performed in US. Some firms don't make the distinction, and some firms withhold even when they aren't supposed to (after all didn't your firm send you a W-9?) In such cases it may be necessary to use 8223 to hammer the point home, and 1040NR at year end to recoup any taxes withheld in the meantime.

If your submit a w-8ben, and your fimr does not withhold anything, you will be fine.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
Mary T
Posts: 6
Joined: Thu Sep 20, 2007 2:28 pm

Back again - Canadian telecmmuting for US firm - 1099 form??

Post by Mary T »

Hi Nelson,
I need your advice again. As I mentioned in my earlier post I am a consultant telecomuting from Canada for a US company. The US firm is in the process of completing 1099’s. In my case, since I am a person of foreign status and previously completed the W-8BEN form, I will not receive a 1099. However, the firm thinks they need to send me a 1042-S to file my income taxes in Canada. Is this the correct form they should provide? Your help is sincerely appreciated.
Thank you!
Mary
nelsona
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Post by nelsona »

1042-s is not used to report items that shoukd be reported on 1099.

You don't need 1042-s for any reason.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
Mary T
Posts: 6
Joined: Thu Sep 20, 2007 2:28 pm

Post by Mary T »

Thank you for your quick reply. I apologize but it is still unclear to me which form the US firm should provide to report my income in Canada?
Please help.
Thank you.
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

This is a question THEY should be asking. It doesn't matter for your sake.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

but 1099 would be quite acceptable.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
Mary T
Posts: 6
Joined: Thu Sep 20, 2007 2:28 pm

Post by Mary T »

Many thanks Nelson!
Mary
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