Cdn Citizen from US to Canada and now back to US?

Grabba · Post by **Grabba** » Tue Oct 02, 2012 12:17 am

Ok, I'm really really confused.

I have been living and working in the US for the last 12 years, got laid off back in July and returned to Canada (still have a house in the US that I've yet to sell).

Planned to find a job in Canada or start my own consulting company and consult to the US.

So neither of those things have really worked out as of yet and today I had a new wrinkle.

Oct 1, the day my Canadian health insurance kicked back in I find myself with a job offer in hand from a US company. And a very attractive one at that. Unfortunately I don't think they have a Canadian arm that they could pay me through.

Soo.... My question is how can I make this all work? The wife and kids are staying put in Canada, that is in stone. My US house is just across the line from our Canadian place so I can use that as my place of work (this job is going to be largely remote) and commute for work. Can I legally be paid in the US by a US company while maintaining my residence in Canada?

I'm very much in the dark of the tax implications as well as Fica/medicare vs CPP/EI . In the end I am likely to take this job and I need to structure it all so that I'm legal.

nelsona · Post by **nelsona** » Tue Oct 02, 2012 9:03 am

I think you are throwing in a lot of extraneous information.

The US company, if they really want you, should be willing to hire you as a Cdn employee, or as a contrctor. Period.

There is no benefit to be a US employee in your situation. US benefits are of no value to you. To go to a US address to work remotely is silly. You live in canada, and should be able to work in canada.

What is your US status?

Grabba · Post by **Grabba** » Tue Oct 02, 2012 2:58 pm

I don't have any US status at the moment. They are ok with doing a TN for me which shouldn't be an issue.

I agree, the best situation and what I would prefer is to be hired as a Canadian employee but if they don't have a Canadian company to hire me under I'm not sure how I can make that happen.

nelsona · Post by **nelsona** » Tue Oct 02, 2012 3:34 pm

They simply create a payrioll for you. If the firm is large enough this does not constitute a permanent establishment for thenm in Canada.

And, imn reality, the best solution for you is to be hired as a Cdn CONTRACTOR, not an employee.