TN Visa Management Consultant Paid on a 1099 - filing

cdnseinfeld · Post by **cdnseinfeld** » Sun Dec 06, 2009 11:57 pm

I am a TN holder who lives in Toronto and goes to the US 90 days per year to earn about $30k per annum. My employer must pay me on a 1099. I have no choice.

(a) is this OK?
(b) do I file in Canada because of the tax treaty?
(c) does the IRS need anything from me?
(d) can I claim expenses such as hotel, meals, mileage?

Would like you guys to do my return. I have no tax number, etc.

Do I file NYS state taxes?

Mark

nelsona · Post by **nelsona** » Mon Dec 07, 2009 7:45 am

I give thesame answer as I gave you elsewhere.

a. Yes. In fact its better than being employee.
b. You file in canada bacause you live there. Cdn residents must always report all world income.
c. You are not taxable by IRS, by treaty. But, you likely will need to give the employer an IRS Form 8233 to exempt them from withholding any tax. You will need to get an SSN if you don't have one. You are entitled if you have a TN. If any tax is withheld, you will simply file a 1040NR to get it back at year end.
d. Yes, on your Cdn return, following the rules for any other self-employed.

e. You would need to check with NY state, as they do not abide by treaty, and may considere that this income earned in NY is taxable. Any tax you would pay in NY, would be credited on your Cdn return, dollar for dollar.

I don't work for serbinski