CRA Supplemental Guidance, section VII cross-border workers

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nelsona
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Re: CRA Supplemental Guidance, section VII cross-border workers

Post by nelsona »

So, you are simply a commuter. You will end up paying Cdn/Prov tax as well as cali tax. Yikes.
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elgoog
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Re: CRA Supplemental Guidance, section VII cross-border workers

Post by elgoog »

As you mentioned, the call to "come home" was for Canadians and since I am a Canadian citizen who was working in the US on a TN work permit, that applies to me.

Regarding tax obligations, you are right that I will end up paying federal & state tax in the US as I previously was and I will claim it as foreign credit in Canada.

On a side note, do you know what is the definition of commuter by CRA rules? Is there a defined threshold as to how frequently you need to be going back and forth? Or is it that you are considered a commuter if you maintain a permanent home in Canada and travel to the US routinely for work?
nelsona
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Re: CRA Supplemental Guidance, section VII cross-border workers

Post by nelsona »

Anyone living in Canada and working in US is a commuter.

The call to come home was for Cdn residents on vacation. You said you lived in Cali. No Cdn gov't would tell a foreign resident to quit their job in US. Be serious.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
elgoog
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Re: CRA Supplemental Guidance, section VII cross-border workers

Post by elgoog »

Fair enough.

Thanks for the help, Nelsona.
bellemoj
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Re: CRA Supplemental Guidance, section VII cross-border workers

Post by bellemoj »

In Section VII from this CRA Document they wrote:

"The CRA will provide additional guidance at a later date for impacts on affected individual’s 2021 tax years. However, affected individuals should expect that the income sourcing rules in the Canada-United States income tax treaty will be applied should their working arrangements change to allow them to work permanently from Canada."

Has anyone seen any additional guidance given for 2021 tax year? I tried to call CRA about this and they didn't know this document even existed. For 2021 so far my U.S. employer has had me working remotely from Canada due to COVID-19 and thus I wonder how my 2021 taxes will be affected. Will CRA defer people with my tax situations to "business as usual" like the 2020 tax year or will income sourcing come into effect? Would love to hear if anyone is in the same situation as me because it is hard to know how much U.S.A. tax I should be withholding from each W-2 paycheck (none of it or a lot lol?) and how will Medicare/Social Security/401k be effected.
nelsona
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Re: CRA Supplemental Guidance, section VII cross-border workers

Post by nelsona »

Your question requires a crystal ball.
When calling CRA, if you should evn bother, make sure you speak with International desk, no other telephlunkies will know what you are talking about.

You should be looking into some other form of remuneration, because there is no restrictions for you to go to US to work, and CRA knows that, thus will view you as choosing to work from Canada, making your income Cdn-sourced, and not US-sourced.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
nelsona
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Re: CRA Supplemental Guidance, section VII cross-border workers

Post by nelsona »

From Day 1, CRA has asked US employers to obtain waivers for their employees "stuck" in canada. Has your form done this?
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
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