CA Citizen / US Resident Alien - Working in CA for US client

AlanSmithee · Post by **AlanSmithee** » Wed Jan 08, 2014 7:56 pm

Hi,
I'm a Canadian citizen but have spent most of the last year in the US, so for tax purposes I am a Resident Alien. I am now living in Canada, but have some US clients that I'm hoping to do some work for remotely from here. I'm unsure of how to file taxes in this scenario. First I figured a W8BEN, but in the documentation it says that resident aliens should instead file a W9. If I were to file a W9 though, doesn't that mean I would need a visa for that work? Or can I submit a W9 without a visa since I'm doing the work from Canada?

Any clarification would really be appreciated.

Thank you,
Alan

nelsona · Post by **nelsona** » Thu Jan 09, 2014 2:17 am

Once you leave US, you are no longer a resident alien, at the end of that year. So, you are a basic Cdn resident, so W8BEN will work. You do not need a US visa to work in Canada.

AlanSmithee · Post by **AlanSmithee** » Tue Jan 21, 2014 7:26 pm

Thanks for the reply, that is helpful to know. I came back to Canada the end of December 2013 and am now re-establishing my residence here so for now I am not a resident alien for the 2014 tax year. Where it gets confusing for me though, is that I am planning to stay here for now, but there is a possibility I may return to the US later in the year for long enough that I would again be a resident alien for 2014. Not knowing that now, can I submit a W8BEN to a client? What would happen if I ended up becoming a resident alien before the tax year is over? Would that become fraud?

I'm not sure if there's a safer thing to do or what that would be aside from turning down the work. The W8BEN form says resident aliens should instead submit a W9. However, to my understanding I would need a work visa of some sort to be filing a W9 even if I'm not residing in the county at the time. Any further insights would be appreciated.
Thanks,
Alan

nelsona · Post by **nelsona** » Tue Jan 21, 2014 7:38 pm

You can only act under the circumstances you are now. You aren't a resident of US, sso It would not be fraud to give them a W8_BEN. The worse that wouldhappen is that you would owe some tax at end of year.

I don't think you need any further insights.

AlanSmithee · Post by **AlanSmithee** » Tue Jan 21, 2014 9:00 pm

That makes sense. So if I were to submit a W8_BEN and then become a resident alien for that year, what form would I file at the end of the year for those taxes?

nelsona · Post by **nelsona** » Wed Jan 22, 2014 11:02 am

You would have the same choices as anyone else mving to US in the year.