PRO vs tax status?

[mastersboy]

Hi - my spouse and I are both Canadian PR. I have plenty of days over the minimum PRO for PR renewal. My spouse, is close to completing their PRO. However, they just got a U.S. job offer that lets them work remotely from Canada. I am curious if the U.S. employer considers my spouse a U.S. resident for U.S taxes and that's what the W-2, U.S. taxes etc. show, would it have an impact on my spouse's PR renewal? I am trying to understand if the U.S. tax status has any impact on PR renewal if my spouse lives in Canada? When we apply for my spouse's PR renewal, the details would look like below:

PRO: A total of ~800 days of residency
~640 (out of the ~800) days living in Canada and working for Canadian employer(s)
~160 (out of the ~800) days living in Canada but working for U.S. employer (getting paid as a U.S. worker residing in the U.S. for U.S. tax purposes)

We will have CBSA/CBP records to show physical presence in Canada. However is there a threat that the U.S. tax status may end up discounting the ~160 days and hence denial of PR renewal?

Inviting @dpenabill, @badar14, @zardoz, @YVR123, @Bs65, @Regina, @mats, @canuck78, @scylla, @canuck_in_uk, @legalfalcon for their valued opinion. Thanks!

 

[canuck78]

Hi - my spouse and I are both Canadian PR. I have plenty of days over the minimum PRO for PR renewal. My spouse, is close to completing their PRO. However, they just got a U.S. job offer that lets them work remotely from Canada. I am curious if the U.S. employer considers my spouse a U.S. resident for U.S taxes and that's what the W-2, U.S. taxes etc. show, would it have an impact on my spouse's PR renewal? I am trying to understand if the U.S. tax status has any impact on PR renewal if my spouse lives in Canada? When we apply for my spouse's PR renewal, the details would look like below:

PRO: A total of ~800 days of residency
~640 (out of the ~800) days living in Canada and working for Canadian employer(s)
~160 (out of the ~800) days living in Canada but working for U.S. employer (getting paid as a U.S. worker residing in the U.S. for U.S. tax purposes)

We will have CBSA/CBP records to show physical presence in Canada. However is there a threat that the U.S. tax status may end up discounting the ~160 days and hence denial of PR renewal?

Inviting @dpenabill, @badar14, @zardoz, @YVR123, @Bs65, @Regina, @mats, @canuck78, @scylla, @canuck_in_uk, @legalfalcon for their valued opinion. Thanks!

If she is living in Canada she can't be a US resident applying as if she was residing in the US. She is likely a Canadian tax resident if either you or she is living in Canada for over 6 months. She'll need to file both Canadian and US taxes but will not be taxed twice due to tax treaties.

 

[mastersboy]

If she is living in Canada she can't be a US resident applying as if she was residing in the US. She is likely a Canadian tax resident if either you or she is living in Canada for over 6 months. She'll need to file both Canadian and US taxes but will not be taxed twice due to tax treaties.

I agree. But I think the employer may pay her as if she was a U.S. resident. I am no sure if she can file her U.S. taxes as an oversees resident if her employer does so?

 

[canuck78]

I agree. But I think the employer may pay her as if she was a U.S. resident. I am no sure if she can file her U.S. taxes as an oversees resident if her employer does so?

She has to file her taxes as a Canadian tax resident if she is one in addition to her US taxes. Would suggest hiring an accountant familiar with filing both US and Canadian taxes if you need help. They are easy to find.