Business in canada with TN Visa in the US

This forum deals with all aspects of immigration to the United States, including visa types, general immigration issues, and U.S. immigration topics.

Moderator: Jim Eiss

Post Reply
x5-452
Posts: 4
Joined: Wed Oct 22, 2008 6:38 am

Business in canada with TN Visa in the US

Post by x5-452 » Wed Oct 22, 2008 6:47 am

I am a citizen of canada and currently own a software consulting company that I have one canadian client that I do work for on a part-time basis. This work is all done at my own home and remotely connect to his company's server to do the work. I also have a full time job where I will be relocated on a temporary basis to the United States Branch and will be obtaining a TN Visa.

My question is if I can continue my software consulting company and bill my canadian client and file my income under Canada? And of course my US based employer income would be filed under the US. I'm assuming also that any income I generate in canada while i'm in the US would be reported as foreign income when filing for US Taxes???

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Wed Oct 22, 2008 7:04 am

Since you posted this on the immig board, the immig aspects of the question will be dealt with here:

It is a bit of a grey area, but so long as (a) your Cdn client has no US presence, and (b) you are not benefiting from being physically in the US in performing this work (ie. you are using resources that would only be available by being in US), you are not violating your TN status.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

x5-452
Posts: 4
Joined: Wed Oct 22, 2008 6:38 am

Post by x5-452 » Wed Oct 22, 2008 7:21 am

Can you elaborate on point b.

Thank you for your response. Also which board should I post this question in?

nelsona
Posts: 15980
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Wed Oct 22, 2008 8:08 am

On point b, if you were ,during the course of your activities for this Cdn firm, say, using resources at reseach facilities or libraries in US, or interviewing/polling people in US. Or you were accessing programs or products that could not otherwise be used outside US, then you would be using your physical presence in US as an advantage that you did not have in Canada.

As you know there are 3 boards on this site. I think you can figure out where a TAX question would go, no?
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

x5-452
Posts: 4
Joined: Wed Oct 22, 2008 6:38 am

Post by x5-452 » Wed Oct 22, 2008 9:22 am

The only resource I would be using is an internet connection to remote into my canadian client's site.

Post Reply