Dual Citizen - W2 possible if commuting?

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cjr
Posts: 5
Joined: Tue Aug 18, 2020 9:20 am

Dual Citizen - W2 possible if commuting?

Post by cjr »

Hello!

I'm a US/Canadian dual citizen, currently work remotely for a US company within the US, as a full time and salaried W2 employee.

If I move to BC, can I continue as W2 for this company *if I commute, and work in the Bellingham, WA office*?

Geographically, it's do-able...

If yes: is there a threshold between remote and office work that needs to be maintained?

Is commuting occasionally "enough"? If yes, *how* occasionally - once weekly, once monthly, once quarterly...?

As I understand it:

- for me to work remote only from within Canada as an employee, the company would need to establish a Canadian presence.
- for me to work remote only from within Canada as a contractor, there's no real burden on the company other than the normal IC vs employee differentiation, and I'm the one responsible for sorting out the 2 countries taxes, etc.

(Correct me if my understanding is flawed!)

Is there a third scenario where I live in Canada, but continue as an US employee?

I'm looking at keeping this as simple as possible for the company, and legal for everyone involved.

The company is completely flexible in how we approach this, and wants both those things as well.
nelsona
Posts: 18311
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Re: Dual Citizen - W2 possible if commuting?

Post by nelsona »

The firm need not establish a "presence"; they could simply set you up through an agent or payroll firm.

As to "how much" time you have to spend in US to be considered "commuting" vs. living and working in Canada, that is a grey area.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
cjr
Posts: 5
Joined: Tue Aug 18, 2020 9:20 am

Re: Dual Citizen - W2 possible if commuting?

Post by cjr »

The setup certainly *feels* very "gray area"...

thanks!
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