Can a Canadian Work Remotely in the US for a US Company on TN?

M

mattp

New Member
I'm currently living and working in NYC on TN status (I have two years left until expiry). My company is headquartered in Tennessee with a small office in NYC (where I work). I'm thinking about asking to go fully remote (maybe with a rare trip to the NYC office), in which case I want to escape high-rent and high-tax NYC.
Obviously I could move back to Canada and abandon my TN status (while still working remotely for the same company). But I would prefer to move elsewhere in the US - I'm leaning towards beautiful and tax-free New Hampshire. Am I allowed to work in NH on TN for a US company based elsewhere in the US?
Side note: I cross the border frequently and not once have I been asked where my company is based. I could probably just cross the border and say I live and work in NH, which would technically be true. Do they care, as long as I have a valid TN status and am paying my US taxes?
 
There is no problem with this, from an immigration point-of-view. TNs are not geographically based.
The border doesn't care about taxes; they only want to know about your status.

You would need to consult a tax expert to see if, in Tennessee and/or NY, absent of an actual office in another state, whether your income would be taxable in the those states, rather than NH. "convenience of the employer" rules may make your entire salary taxable in NY, for example.
And your employer may also not wish you to relocate to another state as they may be required to file corporate taxes and other filings in that state, even for one employee. As I said, something for a tax forum.
 
Thanks Nelsona. I haven't heard anything about geographic restrictions but I was worried it could cause issues. Do you have a source by any chance?
Agree about the tax stuff, I'll look into that later. I mostly work with colleagues in Tennessee anyways so I figure they can make me an employee of that office (no income tax in TN so should be safe). Working for a NY employer would force me to pay NY tax.
 
There is corporate tax in NH.

The TN regulations say nothing about geography. That is more an H1-B thing.
 
You must log in or register to reply here.
Top