TN Part time work

This is our main tax information forum which deals with topics concerning Canadians living and working in the U.S., U.S. citizens contemplating working in Canada, and all aspects of Canadian and U.S. income tax and related adminstrative issues.

Moderator: Mark T Serbinski CA CPA

Post Reply
shyboy
Posts: 22
Joined: Mon May 19, 2008 12:54 pm

TN Part time work

Post by shyboy »

A friend of mine told me that I can open a corporation and then get the sub-contract work, I doubt but need to confirm that.

What is the best way to work part time for another company? do I really have to get another TN? Is it a good idea to open a company and get the part time TN for that (self own corp) company?

I need to understand before I get that work, how should I proceed.

the problem is I am looking for a long term solution. I don't really want to mail-in 129 3 times a year for 3 different part time work.

Thanks
nelsona
Posts: 18677
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Regardless of how you set yourself up (company, or simply self-emplyed) you will need to get a TN for EACH client you work for.

The decision to form company would be for liability (and maybe tax) reasons, not for TN.

You cannot use your own company to sponsor yourself. The client would still need to do this.

So your choices are to have a TN letter taht states. "Firm ABC is hiring shyboy..." or one that states "Firm ABC is hiring shyboy, an employee of shyboy enterprises ...".

Not much difference immigration-wise.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
nelsona
Posts: 18677
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

The only way to avoid individual TN, is to have SOME OTHER company act as your agent.

Then, THEY hire you under a single TN, and send you out to various clients under the same TN.

But that firm cannot be owned or controlled by you.

And btw, you would probably do these TNs at the border. I-129 is not the ideal method of doing TNs anymore, with the cost.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
nelsona
Posts: 18677
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

... that way pleasure trips to canada become a business expense.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
shyboy
Posts: 22
Joined: Mon May 19, 2008 12:54 pm

Post by shyboy »

You said Company "A" can hired me to send it to different client. if I don't control Company" A".

in this case can I know that I have to get a TN for Company "A".

But Is this really necessary that company "A" have to hire me on W2 and not can just pay me hourly rate (no tax deduction, I have to pay my own taxes)


Is that kind of thing can be done?

What I want is Don't wanna give any kind of obligation to company "A" which owns by my friend.

thanks,
nelsona
Posts: 18677
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

All scenarios above would have you paid on 1099, not W-2.

If you work self-employed, the 1099 is issued by the individual clients to you.

If you work thru a Company "A", the clients pay the "A" , and then "A" pays you.

For immigration purposes, I'm pretty sure "A" has to be conrolled by an american.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
shyboy
Posts: 22
Joined: Mon May 19, 2008 12:54 pm

Post by shyboy »

[quote="nelsona"]All scenarios above would have you paid on 1099, not W-2.

If you work self-employed, the 1099 is issued by the individual clients to you.

If you work thru a Company "A", the clients pay the "A" , and then "A" pays you.

For immigration purposes, I'm pretty sure "A" has to be conrolled by an american.[/quote]

Sure enough to understand.
Another quick question.

You don't mean to say that the company's owners has to be American citizen
nelsona
Posts: 18677
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Yes, I do. If the company is a small outfit, it must be owned by US citizen.

Otherwise, what would stoip you from hiring a Indian, and that Indian from hiring you, makinga amockery of the US immgration system.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
nelsona
Posts: 18677
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

you are getting into immigration questions now.

You should go back to immigration websites for this.
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
shyboy
Posts: 22
Joined: Mon May 19, 2008 12:54 pm

Post by shyboy »

:-)

That should be good enough for me now.

thanks nelson, appreciate your help on this.
shyboy
Posts: 22
Joined: Mon May 19, 2008 12:54 pm

Post by shyboy »

What I meant to ask was, if a green card holder have a company, he can't hired me (on a part time TN)?

Why there is a condition for the American Citizens' company?

just curious to know..

thanks
shyboy
Posts: 22
Joined: Mon May 19, 2008 12:54 pm

Post by shyboy »

So I assume that the GreenCard Holder's company can also hire me on Part Time TN.

please let me know if that is not correct.

thanks,
nelsona
Posts: 18677
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Immigration question, no?
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
shyboy
Posts: 22
Joined: Mon May 19, 2008 12:54 pm

Post by shyboy »

I am sorry didn't get this "no" part.

I do have full time TN.

I need part time TN for another company.
That another company is own by "Green Card Holder".

I am thinking to get TN for that company so have a legal formality fulfilled.

Or I have to have a American Citizen's company in order to get TN?

I thought only full time TN needs to be from American Citizen's company?

So based on this I can't get the part time TN for Green Card Holder's company?
nelsona
Posts: 18677
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

I told you 2 weeks ago that this was an immigration question best asked elsewhere, thus I am saying this is still an immigration question, is it not?
After 20 years, I am severely cutting back on responses. Do not ask specifically for my help. There are a few others on this board that can answer most questions. All the best
Post Reply