Dual US/Cdn back in Canada need advice

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grte8888
Posts: 5
Joined: Mon Oct 22, 2012 9:09 am

Dual US/Cdn back in Canada need advice

Post by grte8888 »

Hi all - I just moved back to Toronto after 20 years in California. My employer in Cali has agreed to allow me to work remotely, however, only if I set up a US corp to bill them.

The thought process is to open a Can corp for the work I do in Ontario (I am freelance in the entertainment industry) and a US corp for the work in Cali.

The Can corp can then invoice the US corp to zero it out each year.

Is this strategy flawed? If so, any advice on how to proceed?

Also is there a specific type of corp needed in the US?

Thank you
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

As a CND resident and also a Us citizen your plan does not work at all , if anything you are subjecting your self to a reporting nightmare 2 corp reporting in both jurisdictions . Any profit made by CND corp then expensed to a US corp ( forget about the justification of why and on what basis that is needed ) you as the shareholder will simply pay tax eventually in the one corp that ends up showing the profit. You may think that you are getting a deal but Cali corp tax rates of 41% vs Ontario at 28% where is the savings let alone the costs involved. Then don't forget you got to take this money out of the corp pay tax in both jurisdictions since you are USC less applicable tax credits.
JG
grte8888
Posts: 5
Joined: Mon Oct 22, 2012 9:09 am

Post by grte8888 »

Okay - Thanks for the reply - Any thought son how to make this situation work?

The US employer will not pay as an independent contractor and if they pay a cdn corp directly they will withhold cali taxes.
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

The Ontario corp tax rate for non qualifying business income is the general rate of 28%. If the US employer pays the Canadian Corp it must withold on the federal level 30% unless you file a w 8 Ben to reduce this since you are a non resident but this means that you are not physically present in the US but as you know this is federal not Cali witholding tax, so you would have to see what the foreign tax credit in Canada would work out to be on this tax if it is lower than 28% then you will be Ok . You would still have to file tax return in the US for your treaty position.
JG
grte8888
Posts: 5
Joined: Mon Oct 22, 2012 9:09 am

Post by grte8888 »

What is the case if the business shows no income? - We don't plan on leaving any $ in the corp, solely a pass thru paying expenses and salaries. Does this change anything as far as planning.
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

So the CND corp get income from US ( witholding tax applies ) you get salary no taxable income in corp so then you get no relief for the witholding tax since no taxable income in corp to use it. Revenue Canada will not refund you the US cali tax.
JG
phatcat
Posts: 2
Joined: Tue Apr 09, 2013 1:20 am

Resolution?

Post by phatcat »

Hi grte8888. Just wondering if you finally resolved this. I am in a similar situation and looking for some advice. Thx.
JGCA
Posts: 754
Joined: Thu Nov 18, 2010 3:05 pm
Location: Montreal, QC Canada

Post by JGCA »

Phatcat from Montreal I just answered this in your own post
JG
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