clarification on TN work in US and billing as Canadian corp

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grantj
Posts: 2
Joined: Fri Jun 12, 2015 5:45 pm

clarification on TN work in US and billing as Canadian corp

Post by grantj » Fri Jun 12, 2015 5:53 pm

Hi, I've done some searching on the forums here in an attempt to answer my question without starting a new thread, but there is still some confusion on my end. In this thread:
http://forums.serbinski.com/viewtopic.p ... light=corp
It's stated that the individual who wants to work in the US has both options available to them. I'm in a similar position and have a Canadian corp, looking to obtain a TN with a US organization, and then my Canadian corp bills the US corp for services.
My question surrounds the TN status. Does a TN not imply you are an employee of a US organization? If not, does the US organization simply sponsor me for the TN, then my Canadian corp bills the US corp and everything is fine? It just seems as though the two things, TN and corp-to-corp are at odds.
Many thanks,
G

nelsona
Posts: 15817
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Thu Jun 18, 2015 9:22 am

Grant,
Popular misconception is that one must be an employee, but this is not the case for TN. (It is for h1-B by the way).

What is forbidden is self-SPONSORING. That would be you setting up a company which you control and hiring yourself, without another sponsor.

What you are doing is self-EMPLOYMENT -- having the CLIENT sponsor you -- is perfectly fine. How you are then paid (W-2, 1099, or corp-to-corp) realy doesn't matter

The TN manuals sometimes use the term self-employemnt as not permitted, but what was truly meant was self-sponsorship.
Nelsona Non grata. Non pro. Search previous posts. Taking period between now and June off. Will only answer sporadically.

grantj
Posts: 2
Joined: Fri Jun 12, 2015 5:45 pm

Post by grantj » Thu Jun 18, 2015 4:38 pm

Thank you for clearing that up!
I really appreciate the service you are providing in these forums and will look to you first for any accounting services I need as a result of this.

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