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Old 02-12-2021, 03:44 PM   #666
squiggs96
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Originally Posted by _Q_ View Post
I actually have an initial interview scheduled for this Monday with a company based out of San Francisco that offers remote work. I assume that by remote work they mean anywhere within the United States.

I'm not sure how to pitch the idea of allowing them to hire a Canadian, as I don't know what implications this may have on them. Any idea what would be involved to hire me? Would it be a TN Visa and then me taking care of the tax aspect myself? Would I set up a US corporation?
You only need a TN visa if you are physically entering the United States. If you are going to work from your home in Canada, you aren't crossing the border, and thus don't need a TN visa, passport, or pants. On a side note, you would only get a TN visa if you were a full/part time employee (not contractor or self employed) and the profession was part of NAFTA professionals. In theory if you set up a US corporation and hired yourself as a full time employee, your own corporation could give you the supporting documentation to get a TN visa. If a US company is not hiring you as an employee, then you wouldn't qualify to receive a TN visa.

If a company is hiring a contractor, not an employee, it usually doesn't matter where that person is located. It also doesn't matter if that person is self employed, is a shareholder of a corporation, or is an employee of a corporation, as long as the contract is agreed upon by two parties that are able to bind a contract. I have several clients in the States and I've only been to one location in the US for meetings. The rest of my work is done from home. As I am only selling services, and not physical goods or commodities, my services are billed to them as zero rated GST services. This means they aren't exempt from GST, but they are charged GST at a rate of 0%. The client is not billed for VATs they cannot claim and my corporation is inline with claiming all ITCs in order to produce those services. All my billings are done from my CCPC.
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