US Citizen, Independant Contractor for US company; living in Canada - Work & Tax Rules?

[Yarnmonger]

Hi!

Background:

• I'm a Canadian citizen married to an American citizen.
• We are currently in the process of getting him spousal-sponsored PR (application paid and submitted, no word back yet)
  
• My husband, N, works remotely (internet) for a US-based company
• He is considered by US tax law as an independent contractor (self-employed)
  
• He does not currently have a work visa for Canada

Our Questions:

• Does he need a work visa to keep working at his company? Again, the company is based in the US, does not hire Canadians, and does not really sell anything to Canadians. To me, this falls under: "An activity which does not really 'take away' from opportunities for Canadians or permanent residents to gain employment"
  • N is concerned because he is technically not "employed" by an "employer" - as an independent contractor, he's considered self-employed by U.S. tax law. I still think it falls under this umbrella of being paid by US people to do work (remotely) to the US for US citizens that in no way involves anything in Canada.
• Since he doesn't have PR yet (we submitted over a month ago and are still waiting to hear back), does anybody know what he should do for taxes? We're going to hire an accountant for help anyway, but any information would be great.

Thank you very much to anybody that has any guidance or experience in this!

 

[adessak]

Hi there, just wondering if you were able to figure out what to do? I'm currently in your husbands position and now sure how to move forward.

 

[Yarnmonger]

Hi adessak, we've determined it's okay for the work visa and have reached out to an accountant in Canada who works on the border for advice. I'll let you know when we get an answer!

 

[stefpoko]

Hi adessak, we've determined it's okay for the work visa and have reached out to an accountant in Canada who works on the border for advice. I'll let you know when we get an answer!

Hi Yarnmonger,

I am in a very similar situation to your husband as far as my employment and taxes are concerned. I am wondering if you could let me know if the accountant you used was of much help in figuring out exemptions, etc. between the two countries and if so, would you be able to let me know who it was? I have had a very hard time finding competent help in there area!!

Thank you!