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TD visa - work authorization

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americandesimd

Hero Member
Aug 10, 2014
265
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Hello,
Can some one on a TD visa(TN's dependent visa) work as a self employed contractor for a Canadian company while living in the USA?
What are the tax implications?
Thanks!
 
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canuck78

VIP Member
Jun 18, 2017
55,605
13,525
americandesimd said:
Hello,
Can some one on a TD visa(TN's dependent visa) work as a self employed contractor for a Canadian company while living in the USA?
What are the tax implications?
Thanks!
Click to expand...
This is a U.S. immigration question but doesn’t look like they can work while in the US so couldn’t be self-employed while in the US.
 
A

americandesimd

Hero Member
Aug 10, 2014
265
17
Copingwithlife

Copingwithlife

VIP Member
Jul 29, 2018
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Earth
americandesimd said:
Hello,
Can some one on a TD visa(TN's dependent visa) work as a self employed contractor for a Canadian company while living in the USA?
What are the tax implications?
Thanks!
Click to expand...
TD visa are for presence only , doesn’t give authorization to work .
Why doesn’t a person just ask the immigration officer when they are entering the United States ? Unless a lawyer gives an official reference they are giving advice that could be wrong . Aka hearsay .
But hell, people are always looking for loop holes or for someone to “ advise “ what they are doing is ok . Until that one fateful day immigration pulls you into a back room and asks to look thru your laptop / phone . Then what are you going to say to the accusation of unlawful / unauthorized employment?
It is kinda cute though the lawyer stating someone can fix their ban , cute and oblivious to the severity of the punishment for unauthorized work in the United States. Hope people like long distance relationships
 
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canuck78

VIP Member
Jun 18, 2017
55,605
13,525
americandesimd said:
Inc. is the Canadian Inc and not in the USA. The TD dependent will be working for her own Canadian company for a Canadian client.
Came across the below thread. Thus checking if someone here was able to work on TD visa?
https://www.reddit.com/r/PersonalFinanceCanada/comments/tvw64z
Thanks!
Click to expand...
First off what you posted is a totally different scenario to yours. You are asking if your spouse can be a self-employed contractor from the US for a Canadian employer if you are a Canadian citizen or PR. Big difference being employed directly by the Canadian company or working as a contractor from the US. When a lawyer advising you not to mention that you are working while in the US there is a reason. You are a guest in the US on a visa that technically does not allow a spouse to work. The increased amount of remote work as an employee and not as a contractor has created some potential loopholes or grey areas. If CBSA discovers you were working while living in the US they would likely not be pleased. If you live in a cross border community crossing the border into a Canada everyday to work may be an option but CBSA may also get mad that you are working in Canada while living in the US. The US is very strict when it comes to what is permitted and what they feel is acceptable compared to Canada. They often feel it is one of the other.

In terms of tax implications I’m not sure how you would get around the fact that you would have to declare on your US taxes that you are working without the authority to work. Working for a Canadian business as a Canadian employee may make you both tax residents. CRA would have to determine that. Would suggest speaking to a US immigration lawyer and an accountant that specializes in cross border taxes.
 
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americandesimd

Hero Member
Aug 10, 2014
265
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canuck78 said:
First off what you posted is a totally different scenario to yours. You are asking if your spouse can be a self-employed contractor from the US for a Canadian employer if you are a Canadian citizen or PR. Big difference being employed directly by the Canadian company or working as a contractor from the US. When a lawyer advising you not to mention that you are working while in the US there is a reason. You are a guest in the US on a visa that technically does not allow a spouse to work. The increased amount of remote work as an employee and not as a contractor has created some potential loopholes or grey areas. If CBSA discovers you were working while living in the US they would likely not be pleased. If you live in a cross border community crossing the border into a Canada everyday to work may be an option but CBSA may also get mad that you are working in Canada while living in the US. The US is very strict when it comes to what is permitted and what they feel is acceptable compared to Canada. They often feel it is one of the other.

In terms of tax implications I’m not sure how you would get around the fact that you would have to declare on your US taxes that you are working without the authority to work. Working for a Canadian business as a Canadian employee may make you both tax residents. CRA would have to determine that. Would suggest speaking to a US immigration lawyer and an accountant that specializes in cross border taxes.
Click to expand...
My accountant gave a green signal. Will be contacting immigration lawyers now. Appreciate you taking the time to respond here. Thanks!
 
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scylla

VIP Member
Jun 8, 2010
95,876
22,130
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
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Parthik

Newbie
Mar 12, 2020
3
0
Hello,

Can my wife as canadian PR , staying in US with me on TD visa ( I am canadian citizen and wants to live in USA on TN visa) work for Canadian employer ? I know she is not allowed to work in USA on TD visa but can it be possible to work for Canada employer ?

Much appreciation for any leads.
 
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