Canadian citizen, working in Canada 100% - American employer

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
rfurtado
Posts: 3
Joined: Thu Sep 15, 2016 7:00 pm

Canadian citizen, working in Canada 100% - American employer

Post by rfurtado »

My employer asked me to apply for a TN Visa, so that I can apply for a SSN, so they can put me in their US payroll.

1. Should I be in the US payroll if I won't work in the US at all?

2. Should I apply for any type of work visa if I won't be working within the US?

3. According to US Customs I do not qualify for a TN Visa because the work I do is not listed under the NAFTA agreement. So that is ruled out.

3. My employer plans to get a Canadian Business Number. Will this allow them to add me to the Canadian payroll?

4. After my employer gets the Canadian Business Number, do they still need me to have a SSN for any other reason?
nelsona
Posts: 18699
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

1. No, you are a Cdn resident working in Canada. If you are an employee, you and your employer are subject to Cdn payroll requirements (EI, CPP).

2. No. But, it is possible that you might have to go down to US, in which case you might need a TN. but if you go on a Cdn payroll, then you can enter on B1 business visitor.
3. So why are we talking about TN?

4. Of course.

5. No, and you won't be eligible in any event.
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
rfurtado
Posts: 3
Joined: Thu Sep 15, 2016 7:00 pm

Post by rfurtado »

Thank you nelsona.

The reason I asked about the TN Visa is because my employer asked me to apply for it, but I wasn't 100% sure it was the proper one for what I read in other posts here on the forum.

I'm familiar with the B1 Visa. I had a couple issued in the past when I went down South to have meetings with my client.
RFurtado
nelsona
Posts: 18699
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

Instead of working as an employee for this firm, why not simply be a contractor? The fringe benefits you get from a US firm are not very useful, better to get the extra compensation as well as all the deductions and write-offs.
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
rfurtado
Posts: 3
Joined: Thu Sep 15, 2016 7:00 pm

Post by rfurtado »

Ok, good point. Thank you.
RFurtado
Post Reply