Cross-Border Telecommute Contract requirements

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
martinpruss
Posts: 6
Joined: Tue Mar 26, 2013 7:26 am

Cross-Border Telecommute Contract requirements

Post by martinpruss »

Hi,

I'm moving from the USA to Canada and want to retain my current employment. My employer wants to move me to a contract status as they do not have the ability to pay Canadian payroll (taxes etc.).

I'm wondering what is required from a contract status (anything special) for me to continue working (as a contractor). My initial thoughts were that we could just sign a simple contract stating hours to work, pay rate etc. I would bill them every 2 weeks and they would pay me the amount. It would be my responsibility to pay Canadian taxes etc., they would have nothing else to do.

Is this too simplistic? Did I get it wrong? I'd appreciate it if somebody could let me know how easy/difficult this should be.

Thanks,

Martin
nelsona
Posts: 18686
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

That is about it, if you are Cdn. You didn't mention if you were a US citizen or not.
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
martinpruss
Posts: 6
Joined: Tue Mar 26, 2013 7:26 am

Post by martinpruss »

I am a US Citizen but I also have Canadian PR status.

Are there any sample contracts that could be used as a starting point?

Thanks,

Martin
nelsona
Posts: 18686
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

That is not a tax issue. This is not a legal site.

You will not have any US tax withheld, since you are a US citizen. You will file all world income in both countries.With various exemptions, deductions and credits, you shoudl not owe any US tax. You should not pay any SE tax in US, because you will be paying Cdn CPP.
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
martinpruss
Posts: 6
Joined: Tue Mar 26, 2013 7:26 am

Post by martinpruss »

Thanks for the information.

If this is company is my only customer, does that change anything? I've seen postings that seem to state that only having one customer essentially indicates that you are an employee and could lead to fines or other issues.

Thanks again.

Martin
nelsona
Posts: 18686
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

"fines"? hardly!

There is a lot of web info about being self-employed in Canada. happy browsing.
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
Posts: 18686
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

http://www.cra-arc.gc.ca/E/pub/tg/rc4110/rc4110-12e.pdf

has lots of info about how the Govt views it.
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
Post Reply