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rkmcan

US Corp-to-Corp with a Canadian company TN Visa

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Hi,

I am a Canadian Citizen currently getting a opportunity to work with a Company in US on a Corp-to-Corp basis. They are interested in getting me in a TN visa and preparing the paper work.

I have my own corporation here in Canada.

1) Can I corp-to-corp with a US company such that the US company pays my Canadian company directly and my company pays me ? I have some friends who say it is not possible and others say it is possible. A bit confused.

2) How do they need to word the TN invitation letter..i.e Mention that they have subcontracted with my Company XYZ to send me to US for services.

3) How is the taxation..Do I need to pay both US and Canada taxes.

Regards,
RKMSND

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With a TN visa, you can only work for the employer. You can not do any work for your own company, not even indirect.

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Thanks Joe...I shall only be working for the employer. Having a subcontract offer between the employer and my Canadian Corporation. 

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And who signs that contract in your Canadian corporation? If you do that it is unauthorized work. If you instruct somebody else to sign it it is unauthorized work.

The bottom line: You can NOT do this!

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Oh, and on TN, you need to work for the US employer as employee. Being a subcontractor doesn't make you an employee. Working for your own company, and your company having a contract with another company is not possible on TN.

 

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