Just looking at different ways of doing business in US while remaining Canadian resident. What's going to be tax picture if Canadian resident incorporates in US:
1. US company will be resident of US and pay all US taxes.
2. It will pay salary to Can resident who is in US for less than 183 days so will be subject to treaty. Or the fact that it owns US company would make it permanent establishment?
It becomes very confusing when you think about such scenario.
Canadian resident registering Corp C in US
Moderator: Mark T Serbinski CA CPA
To enter on B1, you need to be employee of Cdn company.
To enter as an employee of US corporation ,you will need TN from each client, as you cannot self-sponsor.
Typically one wants to be US resident when they get TN when incorportated. Otherwise they incorporate in canada.
To enter as an employee of US corporation ,you will need TN from each client, as you cannot self-sponsor.
Typically one wants to be US resident when they get TN when incorportated. Otherwise they incorporate in canada.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing 
RE: "To enter on B1, you need to be employee of Cdn company."
Does this play a role if you are: 1) Canadian corporation with 100% shares ownership 2) Canadian Sole proprietor with 100% stake?
In both cases you are employee of your own Canadian business, but how do they look at you when entering US? Self-employed providing personal services, thus not eligible for TN? So do they ask how much shares you own, and if it's below certain amount you are employee and can get B1, and if above then self-employed and need TN? This is very confusing subject.
Does this play a role if you are: 1) Canadian corporation with 100% shares ownership 2) Canadian Sole proprietor with 100% stake?
In both cases you are employee of your own Canadian business, but how do they look at you when entering US? Self-employed providing personal services, thus not eligible for TN? So do they ask how much shares you own, and if it's below certain amount you are employee and can get B1, and if above then self-employed and need TN? This is very confusing subject.
I think you are making things over-complex.
If you live in canada, and are not an employee of a SEPARATE, INDEPENDENT comapny, you enter on B1, to do a limited amount od activities.
Otherwise you either get TN sponsoerd by your US employer/client, or you can't enter to work.
The corporate structure has nothing to do with it. Don't worry about that.
If you live in canada, and are not an employee of a SEPARATE, INDEPENDENT comapny, you enter on B1, to do a limited amount od activities.
Otherwise you either get TN sponsoerd by your US employer/client, or you can't enter to work.
The corporate structure has nothing to do with it. Don't worry about that.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing